City of Ellisville, MO Article VII Supplemental Regulations

Section 400.327 Pet Day-Care Facilities, Pet Training Facilities And Boarding Kennels.

[Ord. No. 3330 § 1, 5-17-2017; Ord. No. 3370, 4-18-2018; Ord. No. 3377, 5-16-2018[1]]

A. Definitions. For the purpose of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARDING KENNEL

Any facility where household pets are housed for the general public for a profit with the exception of State-inspected veterinarian hospitals, pet stores, grooming parlors and animal shelters.

GROOMING PARLOR

Any establishment, or part thereof, or premises maintained for the purpose of offering bathing, clipping, or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming but excludes State-inspected veterinary facilities so long as the grooming area is inspected by the State.

PET DAY-CARE FACILITY

Any establishment, or part thereof, or premises maintained for the purpose of providing socialization, training, or housing, in the absence of the owner, for less than twenty-four (24) hours for household pets owned by the general public for which a fee is charged. Exceptions to this definition would include State-inspected veterinary hospitals so long as the day care facility area is inspected by the State and facilities already permitted by the City as boarding kennels, grooming parlors, pet stores or animal shelters.

PET STORE

Any commercial establishment or premises or part thereof, that acquires through purchase, consignment, donation, importation or breeding, live animals including mammals, birds, reptiles or fish but excluding livestock and offers these animals to the public or other commercial outlets for the purchase, sale, exchange, barter, trade or transfer. This definition shall not include livestock auctions, livery stables, or the operating residence of a hobby breeder.

PET TRAINING FACILITY

Any commercial facility which receives compensation for the boarding and care of household pets in training for more than a 24-hour period in the absence of the owner. Training services include housing, training, handling, showing, grooming and transportation of an animal. Such training services shall be for the purposes of exhibition, behavior modification or enhancement, assistance for the disabled, hunting, and field trial or lure course training, guard dog training, agility or any other type of training service.

PRIMARY ENCLOSURE

A primary enclosure is the pen, run, cage, or room in which a pet normally spends most of its time. This is the area in which the animal eats, drinks, eliminates, rests and sleeps.

SANITIZE, SANITATION. SANITATION

Means the maintenance of conditions conducive to health and involves bedding changes (as appropriate), cleaning and disinfection. Cleaning removes excessive amounts of dirt and debris; disinfection reduces or eliminates unacceptable concentrations of microorganisms. To SANITIZE, therefore, means to make physically clean and to the maximum degree practical, remove and destroy agents injurious to health.

VETERINARIAN

Any person who is licensed as a doctor of veterinary medicine by the State.

B. Pet Day-Care Facilities, Pet Training Facilities And Boarding Kennels. In addition to all other pertinent and applicable regulations, pet day-care facilities, pet training facilities and boarding kennels are subject to all of the provisions contained in this Section.

1. Use.

a. Pet day-care facilities, pet training facilities and boarding kennels may be deemed an accessory use to an animal clinic/hospital, grooming, veterinarian, pet shop and similar uses, but only if the day care and/or boarding services are conducted entirely indoors and comprise to less than twenty-five percent (25%) of the floor space of the principal use.

b. Accessory uses allowed as part of pet day-care, pet training and boarding kennel, include grooming, training, retail, veterinarian and similar uses.

2. Indoor Requirements.

a. Stand-alone buildings located on lots or parcels of property of less than one (1) acre must be soundproofed. All facilities located as part of a multi-tenant building or lot, must be sound-proofed.

b. All buildings shall be of adequate construction, maintained in good repair, and secured in order to protect animals from injury or escape and restrict the entry of animals including rodents and/or other vermin as well as unauthorized individuals from the outside.

c. All animal housing facilities shall be structurally sound and constructed of non-toxic materials.

d. Interior floors shall be smooth and easily sanitized.

e. Lighting shall be provided, whether natural or artificial or a combination of both, for a minimum of eight (8) hours per day, at a sufficient level for inspection of the animals, routine cleaning and sanitation, and proper animal care.

f. Sufficient ventilation shall be provided to ensure the health and comfort of the animals kept at the facility.

g. Conveniently available toilet and hand-washing facilities with hot and cold running water shall be provided at the facility.

h. All common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

i. An isolation area or other appropriate accommodation shall be provided for containment of sick animals.

j. Minimum requirements for sound reduction shall incorporate special wall types that extend to the roof deck. An air gap is allowed at demising walls.

k. All walls shall extend to the deck to avoid smell and sound transfer.

l. Indoor housing shall be provided with sufficient heating and cooling to protect the housed animals from extreme temperatures and to provide for their health and comfort at all times. The ambient temperature shall be consistent with the needs of the animal species kept at the facility.

m. Rooms shall be maintained clean and sanitary.

3. Primary Animal Enclosures.

a. Primary animal enclosures shall be constructed of materials that are water resistant and can be readily cleaned and sanitized.

b. Primary animal enclosures shall be maintained in good repair and sanitary condition to enable the animals to remain clean and dry and to provide convenient access to food and clean water.

c. Primary animal enclosures shall be separated by solid walls to prevent water and waste from flowing from animal to animal, and to prevent nose-to-nose contact between animals in separate enclosures.

d. Primary animal enclosures shall be of sufficient size to allow room for each pet animal to stand and walk around freely, and exercise normal postural movements as well as allowing room for bedding and food bowls.

e. Cats shall be provided with clean bedding and a litter pan in each primary enclosure.

f. Dogs shall be provided bedding, platforms, or padded resting areas within the primary enclosure according to their individual needs.

g. Wire flooring in primary enclosures is prohibited.

4. Outdoor Areas.

a. Activity shall be limited to 7:00 a.m. to 8:00 p.m.

b. Must be enclosed by an eight (8) foot privacy fence of sufficient construction to secure the pets from other domestic animals and unauthorized individuals.

c. Provide areas of shade from direct sunlight.

d. Provide adequate drainage in order to prevent standing water.

e. All outdoor areas where animals are kept shall have artificial grass/turf with knitted backing over a minimum of four (4) inches of animal-appropriate gravel. Gravel and turf shall be maintained clean and sanitary.

5. Waste Cleaning/Management.

a. Solid animal waste management:

(1) Pick up solid waste immediately using plastic bag.

(2) Securely tie the plastic bag.

(3) Place bag in tightly lidded bin lined with plastic trash liner.

(4) Empty the trash bin at the end of each shift or more frequently if needed, making sure to tie the liner securely.

(5) Place in dumpster.

b. Solid animal waste management in the event of shared dumpster or odorous trash:

(1) Pick up solid waste immediately using plastic bag.

(2) Securely tie the plastic bag.

(3) Place bag in tightly lidded bin lined with plastic trash liner.

(4) Empty the trash bin at the end of each shift or more frequently if needed, making sure to tie the liner securely.

(5) Place the securely tied trash liner in a small deep freezer that is labeled "hazardous waste."

(6) At least once a week, on the day of trash collection, empty the hazardous waste freezer contents into the location's dumpster.

c. Clean-up is required after every urination.

6. Waiver. The Council may waive any of the requirements of this Section.

[1] Editor's Note: Ord. No. 3370 amended Section 400.327 by moving same from Article VI, Light Industrial Zoning District, to be within Article VII, Supplemental Regulations. Subsequently, Ord. No. 3377 amended the title of this Section from "Dog Day-Care Facilities And Boarding Kennels" to "Pet Day-Care Facilities, Pet Training Facilities And Boarding Kennels."

Section 400.330 Restrictions On Adult Uses.

[Ord. No. 2751 §3, 3-1-2006]

A. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to adult entertainment businesses and establishments:

1. No adult entertainment business or establishment shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or within three hundred (300) feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the eleemosynary use, religious institution, school, public building or public park or to the right-of-way line of Manchester Road.

2. No adult entertainment business or establishment shall be allowed to locate or expand within seven hundred fifty (750) feet of any other such business or establishment or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also an establishment as defined in this Section. The distance between any two (2) adult entertainment businesses or establishments or between such a business or establishment and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.

3. All access to and from an adult entertainment business or establishment shall be provided from a street classified as a public right-of-way.

4. The property on which an adult entertainment business or establishment is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.

5. Setback requirements shall be pursuant to Section 400.320(F) of the City Code.

6. Off-street parking shall be provided pursuant to the City Code.

7. All landscaping and screening requirements otherwise required by the Ellisville City Code shall be observed.

8. The facility in which an adult entertainment business or establishment is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street, or other public area. No activity allowed in the facility shall take place either partially or totally outside the facility.

9. Signage for a facility in which an adult entertainment business or establishment is located shall be pursuant to Chapter 410 of the City Code as it pertains to adult entertainment business or establishment.

10. The facility in which an adult entertainment business or establishment is located shall be designed in such a fashion that the activity allowed in the facility shall not take place in any closed room, booth, cubicle, or stall but shall be visible from a common area of the facility and shall not be blocked or obscured by doors, curtains, drapes or any other visual obstruction.

11. Ventilation and sanitation requirements. The premises of all adult entertainment businesses shall be kept in a sanitary condition. Separate and enclosed employee dressing rooms and restrooms for men and women shall be required and at all times be maintained and kept in a sanitary condition.

12. Lighting of the parking area shall conform to the requirements of the City Code.

Section 400.331 Restrictions on Retail Tobacco Stores.

[Ord. No. 3222 §1, 7-15-2015; Ord. No. 3171 §2, 8-20-2014]

A. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to retail tobacco stores:

1. No retail tobacco store shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or within three hundred (300) feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the residential, eleemosynary use, religious institution, school, public building or public park.

2. No retail tobacco store shall be allowed to locate or expand within seven hundred fifty (750) feet of any other such business or establishment or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also an establishment as defined in this Section. The distance between any two (2) retail tobacco stores or between a tobacco retail store and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.

3. All access to and from a retail tobacco store shall be provided from a street classified as a public right-of-way.

4. The property on which a tobacco retail store is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.

5. Off-street parking shall be provided pursuant to the City Code.

6. All landscaping and screening requirements otherwise required by the Ellisville City Code shall be observed.

7. Signage for a facility in which a retail tobacco store is located shall be pursuant to Chapter 410 of the City Code as it pertains to a retail tobacco store.

8. Lighting of the parking area shall conform to the requirements of the City Code.

Section 400.332 Restrictions on Cigar Bars, Hookah Lounges, and Vapor Lounges.

[Ord. No. 3171 §2, 8-20-2014]

A. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to cigar bars, hookah lounges, and vapor lounges:

1. No cigar bar, hookah lounge, or vapor lounge shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the residential, eleemosynary use, religious institution, school, public building or public park.

[Ord. No. 3222 §1, 7-15-2015]

Section 400.333 Gasoline Filling Stations.

[Ord. No. 3213 §1, 3-23-2015]

A. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to gasoline filling station uses:

1. In all commercial zoning districts:

a. All motor fuels must be stored in underground tanks.

b. High-speed diesel fuel pumps are prohibited.

c. There shall be a maximum of ten (10) fuel-dispensing pumps [twenty (20) stations].

d. Operations outside of any enclosed permanent structure shall be limited to the dispensing of gasoline, windshield washer fluid, air and water.

e. All storage and display of merchandise and supplies must be conducted within an enclosed permanent structure.

f. Motor vehicle repairs, auto detailing, car washing, and drive-through activities may only be conducted when specifically permitted or conditionally permitted within a district and approved by conditional use permit.

Section 400.334 Short Term Residential Rentals.

[Ord. No. 3312 § 1, 3-15-2017]

A. Definitions. As used in this Section, the following terms shall have the prescribed meaning:

PERMANENT RESIDENT

A property owner or lessee who maintains a dwelling as a primary residence as documented by at least two (2) of the following:

1. Motor vehicle registration;

2. Driver's license;

3. Voter registration;

4. Tax return; or

5. Utility bill.

SHORT TERM RESIDENTIAL RENTAL

The leasing of a dwelling, or portion thereof, to overnights guests.

B. Requirements And Restrictions. In addition to all other pertinent and applicable Federal, State, and local regulations, including but not limited to business license, tax, occupancy, fire, building, zoning, and property maintenance regulations, the following special conditions shall apply to Short Term Residential Rentals:

1. Short Term Residential Rentals may only be offered by a Permanent Resident within the Permanent Resident's principal residential structure, not within a detached building or structure.

2. The Permanent Resident shall reside on the property at least two hundred seventy-five (275) days within in a one-year period.

3. A Permanent Resident must obtain a business license from the City prior to offering Short Term Residential Rentals.

4. Prior to offering Short-Term Residential Rentals, the Permanent Resident must obtain a permit from the City for Short-Term Residential Rentals, and must renew the permit every two (2) years from the date of issuance. Permits for Short Term Residential Rentals will be issued in accordance with the procedures and requirements for issuance of occupancy permits. Prior to issuance of a permit for Short Term Residential Rentals, the owner must provide, in writing, the name and telephone number of the Permanent Resident and the name and telephone number of a local contact person that will be available twenty-four (24) hours per day, seven (7) days per week, for the purposes of responding within forty-five (45) minutes to complaints regarding the operation of the Short Term Residential Rental or the conduct of overnight guests.

5. Short Term Residential Rentals are limited to fourteen (14) consecutive days per guest and ninety (90) days per twelve-month period.

6. Maximum occupancy, including overnight guests, shall be as set forth in this Code.

7. All vehicles of the overnight guests, and guests of overnight guests must be parked on the property.

8. The owner shall maintain records of all Short Term Residential Rentals for a period of three (3) years, available for inspection, which includes the following information: dates the dwelling was leased for Short Term Residential Rental; date(s) of stay, name, contact information, and vehicle license plate information (if applicable) for each overnight guest.

9. Short Term Rentals shall be subject to compliance with all applicable property maintenance, nuisance, zoning and building code regulations.

C. Penalties For Violation.

1. Any act in violation of the requirements set forth in this Section is declared to be unlawful and shall be subject to Section 100.110, General Penalty.

2. If a property owner or Permanent Resident is convicted of or pleads guilty to two (2) citations for violations of this Section which occur within one hundred eighty (180) days of each other, the business license and permit allowing Short Term Residential Rentals on the property shall be subject to revocation pursuant to the procedures set forth in Section 605.330, Revocation — Procedure and the licensee shall not be eligible for a business license or permit to conduct Short Term Residential Rentals for a period of one (1) year.

Section 400.335 Massage and Massage Therapy Services.

[Ord. No. 3331 § 1, 5-17-2017; Ord. No. 3416, 6-19-2019; Ord. No. 3455, 5-20-2020[1]]

A. Massage. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to massage, as defined by Section 400.090:

1. Massage may only be conducted if all of the following requirements are met:

a. Massage Is Accessory To The Primary Use. In determining whether massage constitutes an accessory use, the City Manager shall consider the percent of income derived from massages, the amount of floor space devoted to and the number of employees assigned to massage, as well as the manner in which the business advertises and holds itself out to the public; and

b. Approval to conduct massage as an accessory use is granted by issuance of a conditional use permit; and

c. Massage is administered solely by a device or apparatus, and not by any part of the body of another individual; and

d. The device or apparatus by which massage is administered could be purchased by any member of the general public; and

e. Administration of the massage device or apparatus does not require exposure of any human body part other than the head, face, neck, hands, arms, legs or feet.

B. Massage Therapy Services. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to massage therapy services, as defined by Section 400.090:

1. Hours of operation are limited to 8:00 a.m. through 9:00 p.m.

2. All publicly accessible entrances to the business or establishment must be located on an exterior wall with windows that face a street or sidewalk accessible to the public. No less than fifty percent (50%) of the overall surface area of the windows on such entrance walls and lobby area must remain uncovered, unobstructed, unshielded and free from tinting.

3. Exemption. Massage therapy services will not require a conditional use permit and are not subject to the regulations set forth in this Section if both of the following requirements are met:

a. Massage therapy services are conducted by the following individuals or businesses:

(1) Physicians, surgeons, chiropractors, dentists, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of Missouri and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person; or

(2) Cosmetologists (includes five (5) classes of licenses: CA - Hairdressing and Manicuring, CH - Hairdressing, E - Esthetician, MO - Manicurist Instructor) and barbers who are duly licensed under the laws of the State of Missouri while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands or feet of the clients; or

(3) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of Missouri, and employees of these licensed institutions, while acting within the scope of their employment.

and;

b. Massage therapy services are conducted as a function that is clearly accessory to the operation of the business and the giving of massage therapy for compensation is not a principal function of such business. All massage practitioners operating in such businesses shall be licensed by the State of Missouri as a massage therapist. In determining whether massage therapy services constitutes an accessory use as required for this exemption, the City Manager shall consider the percent of income derived from massages, the amount of floor space devoted to and the number of employees assigned to massage services, as well as the manner in which the business advertises and holds itself out to the public.

C. Penalties For Violation.

1. Any act in violation of the requirements set forth in this Section is declared to be unlawful and shall be subject to Section 100.110, General Penalty.

2. If a business licensee is convicted of or pleads guilty to two (2) citations for violations of this Section which occur within one hundred eighty (180) days of each other, the business license allowing the licensee to conduct massage therapy services shall be subject to revocation pursuant to the procedures set forth in Section 605.330, Revocation Procedure and the licensee shall not be eligible for a business license or permit to conduct massage therapy services for a period of one (1) year.

[1] Editor's Note: Ord. No. 3455 also changed the title of this Section from "Massage Therapy Services" to "Massage and Massage Therapy Services."

Section 400.336 Regulations For Tattooing Establishments.

[Ord. No. 3562, 11-15-2023]

A. Tattooing Establishments. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to all tattooing establishments, as defined by Section 400.090:

1. Hours of operation are limited to 8:00 A.M. through 9:00 P.M. All patrons must be removed from the premises and the doors locked by the closing time mentioned herein.

2. Sanitation And Lighting. All tattooing establishments shall be kept clean and well-lighted so that the rear of the premises is plainly visible from the front of such premises.

3. Noise And Conduct. No tattooing establishment shall permit any loud noises, boisterous or disorderly conduct in or around the premises or on any grounds of such premises, and all tattooing establishments shall prevent the loitering of persons on the premises or on or around the grounds thereof.

4. State Licensing; Regulations. All tattooing establishments must hold a valid license issued by the Office of Tattooing, Body Piercing and Branding pursuant to Section 324.522, RSMo. All tattooing establishments and their employees shall comply with the regulations of 20 CSR 2267, Chapters 1 to 6, Sections 324.520 to 324.526, RSMo., and all other relevant State Statutes and regulations.

5. Employees Performing Tattooing. All persons employed by a tattooing establishment as a tattoo artist performing tattooing, as defined in Section 400.090 of this Chapter shall be licensed by the director of the Office of Tattooing, Body Piercing and Branding pursuant to Section 324.522, RSMo. A current copy of each license held by each tattoo artist performing tattooing employed by the tattooing establishment must be maintained on file with the tattooing establishment and conspicuously displayed in the tattooing establishment at all times. A photograph of each tattoo artist shall be in close proximity to the license for that individual. No tattooing shall be performed by an apprentice except under the direct supervision of a licensed tattoo artist employed at the tattooing establishment.

6. Tattooing Minors. Performing tattooing is prohibited on any person under the age of eighteen (18) years without the written consent of that person's parent or legal guardian. That consent shall be on a form provided by the tattooing establishment and given in person to parent or legal guardian before the tattooing procedure commences. In addition, the parent or legal guardian shall present photographic identification to the tattooing establishment, including either a State driver's license or State identification card.

7. Body Piercing. Body piercing is prohibited at all tattooing establishments.

Section 400.340 Regulations For Marijuana Related Uses.

[Ord. No. 3415, 4-17-2019; Ord. No. 3425, 4-17-2019; Ord. No. 3448, 2-19-2020; Ord. No. 3542, 2-1-2023]

A. Regulations Applicable To All Marijuana Related Uses. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to all businesses and establishments selling, growing, acquiring, transporting, delivering, cultivating, harvesting, processing, testing, manufacturing, extracting and/or certifying marijuana and/or marijuana-infused products, including, but not limited to, medical marijuana cultivation facilities, medical marijuana dispensary facilities, medical marijuana-infused products manufacturing facilities, and marijuana testing facilities, comprehensive marijuana cultivation facilities, comprehensive marijuana dispensary facilities, comprehensive marijuana-infused products manufacturing facilities, marijuana microbusiness dispensary facilities, and marijuana microbusiness wholesale facilities ("marijuana related uses"):

1. Location Restrictions. No marijuana related uses shall be operated or maintained within five hundred (500) feet of a then existing elementary or secondary school, or church. "Then existing" shall mean any elementary or secondary school, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana related use first applies for either zoning or a building permit, whichever comes first. There is no requirement that any distance be maintained between marijuana related uses and child day care centers. No medical marijuana dispensary facility, marijuana dispensary facility, or marijuana microbusiness dispensary facility shall be authorized, operated, or maintained within five hundred (500) feet of another existing medical marijuana dispensary facility, marijuana dispensary facility, or marijuana microbusiness dispensary facility. Distances shall be measured in the manner described in Art. XIV, Sections 1.7(10)(a) and 2.5(4) of the Missouri Constitution.

2. Outdoor Operations Or Storage.

a. Medical Marijuana Cultivation Facilities, Comprehensive Marijuana Cultivation Facilities, And Microbusiness Wholesale Facilities. Outdoor operations are conditionally permitted in the "WNU" Wildwood Non-Urban District, "C-4" Ellisville Business Park Zoning District and the "M-1" Light Industrial Zoning District. Medical marijuana cultivation facilities, comprehensive marijuana cultivation facilities, and microbusiness wholesale facilities with outdoor cultivation shall construct an exterior barrier around the perimeter of the marijuana cultivation area that consists of a solid block wall or fence at least eight (8) feet in height. Indoor operations shall be within a fully secured area inside the building structure. All storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a solid block wall or fence at least eight (8) feet in height.

All Marijuana Related Uses Other Than Outdoor Medical Marijuana Cultivation Facilities, Outdoor Comprehensive Marijuana Cultivation Facilities, And Outdoor Microbusiness Wholesale Facilities. All operations shall be within a fully secured area inside the building structure. All storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a solid block wall or fence at least eight (8) feet in height.

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

4. Display Of License Required. The license issued by the State of Missouri to conduct the marijuana related use shall be displayed prominently in a location visible from the front entrance to the facility.

5. Hours Of Operation.

a. Medical Marijuana Dispensary Facilities, Marijuana Dispensary Facilities, And Marijuana Microbusiness Dispensary Facilities. All sales or distribution of marijuana and any other products sold to the public through medical marijuana dispensary facilities, marijuana dispensary facilities, and marijuana microbusiness dispensary facilities may take place between the hours of 8:00 A.M. and 10:00 P.M., Monday to Sunday. Medical marijuana dispensary facilities, marijuana dispensary facilities, and marijuana microbusiness dispensary facilities shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by such facility may be present in such a facility at any time it is closed to the public.

b. All Marijuana Related Uses Other Than Medical Marijuana Dispensary Facilities, Marijuana Dispensary Facilities, And Marijuana Microbusiness Dispensary Facilities. Facilities shall be closed to the public between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.

c. Hours of operation other than the hours listed in this Subsection will not be allowed except as a conditional use.

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

7. Drive-Through Facilities. Drive-through facilities for marijuana related uses shall be subject to the same regulations as drive-through facilities that are not for food and beverage.

B. Additional Regulations Applicable To Medical Marijuana Dispensary Facilities, Marijuana Dispensary Facilities, And Marijuana Microbusiness Dispensary Facilities.

1. Signage. All dispensary facilities shall display signage that meets the following requirements:

a. Includes the word "ATTENTION" in red capital letters with a font at least one and one-half (1 1/2) inches in height or twice the height of the font size used on other interior signage for marijuana or marijuana-infused products distributed by the facility, whichever is larger:

b. Includes all of the following statements in capital letters in a font size at least three-fourths (3/4) of an inch in height or as large as the font size used on other interior signage or for marijuana or marijuana-infused products distributed by the facility, whichever is larger:

(1) PLEASE SAFELY STORE MARIJUANA AND MARIJUANA-INFUSED PRODUCTS IN ORIGINAL PACKAGING AND OUT OF THE REACH OF CHILDREN.

(2) DRIVING WHILE UNDER THE INFLUENCE OF COGNITIVE OR PHYSICAL IMPAIRMENT FROM THE USE OF MARIJUANA IS A CRIME.

(3) IT IS A CRIME TO DISTRIBUTE OR ATTEMPT TO DISTRIBUTE MARIJUANA TO AN INDIVIDUAL UNDER THE AGE OF TWENTY-ONE (21) OR MEDICAL MARIJUANA TO ANY INDIVIDUAL OTHER THAN A QUALIFIED PATIENT OR PRIMARY CAREGIVER.

(4) THE U.S. FOOD AND DRUG ADMINISTRATION HAS NOT APPROVED CANNABIS FOR THE TREATMENT OF ANY DISEASE OR CONDITION.

c. Is displayed clearly visible to the customers within three (3) feet of all points of sale of marijuana or marijuana-infused products.

C. Dispensaries Licensed On Effective Date Of This Section. Notwithstanding any other provision of this Code to the contrary, a licensed medical marijuana dispensary facility that is in operation on the effective date of this Section with a valid conditional use permit shall be authorized to sell adult-use marijuana to any person over the age of twenty-one (21), provided that:

1. The dispensary facility provides proof to the City that the Missouri Department of Health and Senior Services has authorized conversion of its license to a comprehensive marijuana dispensary facility; and

2. The dispensary facility obtains a conditional use permit to operate as a comprehensive marijuana dispensary facility from the City within one hundred twenty (120) days of the effective date of this Section, and shall thereafter be bound by any restrictions in the ordinance authorizing such conditional use permit. After one hundred twenty (120) days, such facility shall have no authority to sell adult-use marijuana unless a CUP has been obtained.

Section 400.350 (Reserved) [1]

[1] Editor's Note: Former Section 400.350, Outdoor Lighting Requirements, was renumbered to Section 400.492 by Ord. No. 3376.

Section 400.351 (Reserved) [1]

[1] Editor's Note: Former Section 400.351, Sidewalk And Street Lighting Requirements, was renumbered to Section 400.493 by Ord. No. 3376.

Section 400.360 Fences and Walls.

[R.O. 2005 §30-73; CC 1997 §30-73; Ord. No. 2214 §1, 12-3-1997; Ord. No. 3170 §2, 8-20-2014; Ord. No. 3315 § 1, 3-15-2017; Ord. No. 3334 § 1, 7-19-2017]

A. Fences as defined in Section 400.090 may be located on all lots in compliance with the following:

1. Permit Requirements.

a. All fences must have a permit. Applications for a fence permit must be accompanied by a plot plan of the property indicating the location of the fence on the lot.

b. The property owner shall be responsible for reviewing subdivision indentures (if applicable) prior to submitting a fence permit application.

c. A building permit is required for construction of all decorative walls and retaining walls measuring thirty-six (36) inches in height or greater.

2. Specifications.

a. Fences cannot exceed six (6) feet in height, measured vertically between the lowest and highest points of the fence paneling, with the exception of hedges and shrubs, which do not have a height restriction. Post caps and finials cannot exceed seven (7) feet in height, measured from the base of the post.

b. Fences shall not impede the view of any intersection and shall not be constructed within the sight distance triangle, as depicted in the diagram to this Section [twenty-five (25) feet of the street intersection].

c. The finished side of the fence shall face outward for that portion of the fence facing the street(s) and/or adjacent property.

d. No fence may be built forward of the required front building line, unless the following requirements are met:

(1) Said fence shall be decorative or ornamental and shall be restricted to four (4) feet in height, measured vertically between the lowest and highest points of the fence paneling, and shall be at least fifty percent (50%) open.

(a) Exception. Stone or brick walls shall not exceed three (3) feet in height and need not be at least fifty percent (50%) open.

(2) Post caps and finials may not exceed five (5) feet in height, measured from the base of the post.

(3) Chain-link fences, wire fences, wire mesh fences, snow fences or fences constructed in any part with such materials shall not be considered decorative or ornamental.

(4) If it is unclear as to whether a proposed fence is decorative, the City Council shall make the determination that the material and style of the fence embellish, enhance or add to the attractiveness of the building and site and are harmonious with the adjacent buildings, landscaping and other fences and do not diminish their attractiveness.

e. If a fence is to abut the front yard of a residentially used property, said fence shall meet the requirements of Subsection B(4)(a) through (d), above.

f. Fences abutting a residential zoning district from a commercial, institutional or light industrial use shall be sightproof and shall be six (6) feet in height, or a height as required by the Council.

g. All fences shall comply with the provisions of Sections 400.170 and 400.485 of this Chapter.

3. Prohibited Fences.

a. Chain-link fences are prohibited in all zoning districts.

b. The erection of concertina, barbed-wire, electrified or other fencing or fencing materials deemed harmful to humans is prohibited in all zoning districts.

4. Exceptions.

a. Chain-link fences may be allowed for single-family and institutional uses, gardens and planter beds with the approval of the Council.

b. Existing chain-link fences in the "R-1" Single-Family Residential Zoning District may be replaced with chain-link fencing without Council approval.

5. Waivers. The City Council shall have the authority to waive any of the requirements of this Section.

Section 400.370 (Reserved) [1]

[1] Editor's Note: Former Section 400.370, Sidewalks, was renumbered to Section 400.494 by Ord. No. 3376.

Section 400.380 Home-Based Business Regulations.

[Ord. No. 3177 §2, 9-3-2014; Ord. No. 3551, 6-21-2023]

A. Home-based businesses and home occupations in any residential district must meet the criteria for a no-impact home-based business as set forth in Section 400.090 of this Code.

No other business may be operated in a residence at any time. Home-based businesses shall comply with the following regulations:

1. No persons other than members of the family residing on the premises shall be employed at such business. Parking is limited to the side of the street the no-impact home-based business is located on, between the lot lines of the residence, if parking at that location is otherwise lawful.

2. No alteration of a principal residential structure shall be made, unless such alteration would not change the residential character of the building, or adversely affect the character of the surrounding neighborhood.

3. No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the residence.

4. There shall be no exterior displays or signs other than a small nameplate not exceeding one hundred forty-four (144) square inches which shall be placed on the surface of the building.

5. All goods, materials, or commodities inventoried, stored, or displayed for sale or kept as inventory shall be stored indoors, or within a fenced rear yard and not visible from the street or from adjacent properties. Any deliveries or shipments of goods, materials, or commodities shall be conducted in volume, manner, and frequency that does not disrupt or affect the residential character of the surrounding neighborhood.

6. No-impact home-based businesses may be conducted without a permit, license, or prior approval from the City, except that a residential occupancy permit shall be required, and except as may be required by Section 605.170(A)(8) of this Code. No-impact home-based businesses shall register with the City on a form provided by the City Planner. The registration form shall include, at a minimum, the following information:

a. The name of the owner or tenant.

b. The address of the residence.

c. The general nature of the business, including whether the business is subject to health inspections.

d. The maximum occupancy of the residence. If unknown, the owner/tenant shall obtain such information from the City and/or the fire protection district.

e. An attestation or affirmation that the business qualifies as a no-impact home-based business and will comply with all applicable regulations.

B. Home-based businesses shall comply with all applicable health and safety regulations of the City, including applicable fire and building codes, and all regulations governing health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control.

C. Home-based businesses shall pay all applicable taxes, and shall comply with all applicable State and Federal laws.

D. Whenever the strict enforcement of these regulations would entail practical difficulties or undue hardships, a variance may be requested from the Board of Adjustment, pursuant to Section 400.020 of this Code.

Section 400.390 (Reserved) [1]

[1] Editor's Note—Ord. No. 2864 §1, adopted December 19, 2007, repealed Sections 400.380, "Trash Enclosures," and 400.390, "Flag and Flagpole Standards," in their entirety. Former Sections 400.380—400.390 were derived from R.O. 2005 §§30-75—30-76; CC 1997 §§30-75—30-76; Ord. No. 2144 §1, 2-5-1997; Ord. No. 2514 §1, 7-17-2002. This information is now contained in Ch. 505, "Property Maintenance Code," Section 505.150, of this Code. At the editor's discretion, these sections were reserved for the City's future use.

Section 400.400 (Reserved) [1]

[1] Editor's Note: Former Section 400.400, Site Improvement Maintenance, was renumbered to Section 400.495 by Ord. No. 3376.

Section 400.405 through Section 400.407. (Reserved) [1]

[1] Editor's Note—Ord. No. 2864 §1, adopted December 19, 2007, repealed Sections 400.405, "Parking in Front Yards in Residential Zoning Districts," and 400.407, "Boats, Trailers and Campers," in their entirety. Former Sections 400.405—400.407 were derived from R.O. 2005 §§26-280, 26-299; CC 1997 §§26-280, 26-299; Ord. No. 2085 §1, 6-19-1996. This information is now contained in Ch. 505, "Property Maintenance Code," Section 505.150, of this Code. At the editor's discretion, these sections were reserved for the City's future use.

Section 400.410 Miscellaneous Provisions.

[R.O. 2005 §30-79; Ord. No. 2265 §1, 7-1-1998; Ord. No. 2329 §1, 6-16-1999; Ord. No. 2538 §1, 1-15-2003; Ord. No. 2864 §1, 12-19-2007]

A. Radio or television towers, water tanks and other necessary appurtenances shall be set back from all yard lines at least one (1) foot for each foot of height.

B. Reserved.

C. With the exception of new and used motor vehicle sales facilities, motor vehicles may not be displayed or advertised for sale in "C-1", "C-2", "C-3", "C-4" or "M-1" zoning districts.

D. Motor vehicles may not be displayed or advertised for sale unless said vehicle is non-commercial and is owned by the owner of the premises on which same is displayed or advertised for sale in Open Space, "R-1" and "R-2" Residential Zoning Districts.

E. Temporary Structures. Only temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.

1. Temporary buildings or trailers may be used as construction offices, field office or for storage of materials to be used in connection with the commercial or residential development of a tract of land, provided that said temporary structures are approved by the City Engineer and are removed from said tract within thirty (30) days after completion of the project development

2. Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary structure, provided that said temporary structure is approved by the Architectural Review Board.

3. No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.

F. No construction equipment shall at any time be stored closer than one hundred (100) feet to an occupied residential lot.

G. In this Subsection, the word "litter" means and includes garbage, trash, refuse, junk, brush, inoperative machinery or partial, damaged or discarded construction materials or other waste material.

1. No person(s) shall place, throw, deposit, keep, maintain or permit litter on any public or private property or vacant or occupied property, whether owned by such person or not.

2. The owner or person in control of any private property shall, at all times, maintain the premises free of litter.

H. Reserved.[1]

[1] Editor's Note: Former Subsection (H) regarding requirements for bicycle racks was repealed 5-16-2018 by Ord. No. 3376.

I. Outdoor Book Exchange Boxes. Outdoor Book Exchange Boxes are permitted in all zoning districts, subject to the following:

[Ord. No. 3316 § 2, 3-15-2017]

1. No book exchange box shall be located as to impede pedestrian access or circulation.

2. Boxes shall not be constructed in a manner that obstructs visibility of intersections.

3. Boxes shall not be allowed in the public right-of-way or on any public property unless placed there by the public body owning the property.

4. Each box shall be designed and constructed in such a manner that its contents are protected from the elements.

5. Boxes are limited to a maximum height of six (6) feet and six (6) inches (seventy-eight (78) inches to the highest point on the structure), and a maximum width and depth of three (3) feet.

6. Boxes shall be located a minimum of five (5) feet from any property line.

Section 400.415 Electric Car Charging Stations.

[Ord. No. 3476, 4-21-2021]

A. Definition. As used in this Chapter, the following term shall have the prescribed meaning:

ELECTRIC VEHICLE CHARGING STATION (EVCS)

The conductors (including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle conductors) attachment plug, and all other fittings, devices, power outlets, and/or apparatus installed as a unit to serve as a source of electricity for the purpose of recharging electric vehicles, such as electric cars, neighborhood electric vehicles and plug-in hybrids.

B. Permitted Uses.

1. EVCS is permitted by right as a primary or secondary use on all lots zoned commercial or industrial and on all lots with a commercial, industrial and/or multifamily residential use, subject to the following:

a. Building, electrical and mechanical permits are required prior to construction or installation of an EVCS.

b. A business license is required for any EVCS which requires payment of a fee for use of the EVCS.

c. Each EVCS must comply with the building setbacks required for primary buildings within the specific zoning district.

d. No EVCS shall be located as to impede vehicular and/or pedestrian access or circulation.

e. No EVCS shall be constructed in a manner that obstructs visibility of intersections or creates sight distance issues.

f. No EVCS shall be allowed in the public right-of-way or on any public property unless placed there with the approval of the public body owning the property or placed there by the public body owning the property.

g. Each EVCS shall be designed and constructed in such a manner that its contents are protected from the elements.

h. Setback requirements for each EVCS shall be determined by the setback requirements for primary use building(s) on the lot upon which the EVCS is located.

i. Any EVCS located within a required landscape buffer requires a waiver of landscape buffer requirements from the Council.

j. An EVCS may be located in parking areas, as provided in Section 400.490.

2. Subject to all other requirements of this Section, EVCS is allowed as an accessory use to single-family and two-family residential uses, subject to compliance with all accessory use regulations applicable to the lot upon which the EVCS is located.

Section 400.420 Motor Vehicle Sales With or Without Ancillary Rental or Leasing.

[R.O. 2005 §30-17]

A. Definition. As used in this Section, the following term shall have the prescribed meaning:

MOTOR VEHICLE SALES

The use of any building, land area or other premises or portion thereof for the display or sale of new automobiles, light duty trucks or vans, sport utility vehicles not over two (2) ton capacity. Sales, rental or leasing of used vehicles as a principal use is prohibited.

Unless specifically set out below, all requirements regarding building, area, setback, buffers, site design, etc., shall be in conformance with zoning district.

B. Permitted Ancillary Uses.

1. Any repair work, body and fender work, painting, towing and other repair services conducted as an accessory use, excluding any and all activities relating to an auto salvage operation.

2. Retail sales of products and parts incidental to and accessory to motor vehicle sales.

3. Sales of pre-owned automobiles, light duty trucks or vans, sport utility vehicles, recreation vehicles and light duty trailers.

4. Rental or leasing of new or pre-owned automobiles, light duty trucks or vans or sport utility vehicles.

C. Building Requirements.

1. Enclosed sales floor area (show room) shall contain minimum one thousand five hundred (1,500) square feet.

2. Enclosed service/repair building shall contain minimum one thousand five hundred (1,500) square feet. Building to be at least one hundred fifty (150) feet from any residential zone. All motor vehicle repair and service work shall be conducted within the enclosed building. All garage-type doors for service buildings within two hundred fifty (250) feet of adjacent residential zone must not face residential zone.

D. Parking Requirements. Retail sales ratio plus an additional two (2) spaces for each bay, not counting bay as a space, and an additional space for each employee on largest shift. The display of motor vehicles within the front building setback is allowed. Landscaped islands are waived in areas located behind the front building line and used for inventory storage.

E. Area Requirements.

1. Minimum lot area. Four (4) acres.

2. Open storage of inventory is permitted. Storage yards for vehicles awaiting body repair/painting or wholesale sales shall be screened with landscaping and a six (6) foot high sightproof fence from any adjacent properties on which such yards are not permitted or do not exist.

F. Storm Water Control Provisions.

1. All storm water improvements shall meet the City standards which are the standards promulgated by the Metropolitan St. Louis Sewer District.

2. There shall be a minimum of one (1) detention basin.

G. Public Address Systems. Prohibited.

H. (Reserved)[1]

[1] Editor’s Note: Former Subsection H, Lighting, was repealed 10-18-2017 by Ord. No. 3351 § 2.

Section 400.425 Used Motor Vehicle Sales.

[Ord. No. 3277 §1, 4-20-2016]

A. Definition. As used in this Section, the following term shall have the prescribed meaning:

USED MOTOR VEHICLE SALES

The use of any building, land area or other premises or portion thereof for display or sale of used automobiles, light duty trucks or vans or sport utility vehicles not over two (2) ton capacity as a primary use.

B. Permitted Ancillary Uses.

1. Any repair work, body and fender work, painting, towing and other repair services conducted as an accessory use, excluding any and all activities relating to an auto salvage operation.

2. Retail sales of products and parts incidental to and accessory to motor vehicles repair and sales.

3. Sales of new automobiles, light duty trucks or vans, sport utility vehicles, recreation vehicles and light duty trailers.

4. Rental or leasing of new or pre-owned automobiles, light duty trucks or vans or sport utility vehicles.

C. Building Requirements.

1. Enclosed sales floor area (show room) shall contain minimum one thousand five hundred (1,500) square feet.

2. Enclosed service/repair building shall contain minimum one thousand five hundred (1,500) square feet. The building shall be at least one hundred fifty (150) feet from any residential district and/or residential use. All motor vehicle repair and service work shall be conducted within the enclosed building. All garage-type doors for service buildings within two hundred fifty (250) feet of an adjacent residential district or use must not face the residential district or use.

D. Parking Requirements. Retail sales ratio plus an additional two (2) spaces for each bay, not counting a bay as a space, and an additional space for each employee on largest shift. Landscaped islands are waived in areas located behind the front building line and used for inventory storage.

E. Additional Requirements.

1. Minimum lot area. Four (4) acres.

2. Road frontage. Must be located within one hundred fifty (150) feet of a road of at least five (5) lanes.

3. Zoning districts. May only be located in the "C-4" Ellisville Business Park Zoning District. Used motor vehicle sales are expressly prohibited in the "C-1," "C-2," "C-3," and "C-5" Zoning Districts.

4. Open storage of inventory is permitted. Storage yards for vehicles awaiting repair/painting or wholesale sales shall be screened with landscaping and a six (6) foot high sightproof fence from any adjacent properties on which such yards are not permitted or do not exist.

F. Storm Water Control Provisions.

1. All storm water improvements shall meet the City standards which are the standards promulgated by the Metropolitan St. Louis Sewer District.

2. There shall be a minimum of one (1) detention basin.

G. Public Address System. Prohibited.

H. Lighting. Lighting standards shall be a maximum of twenty-five (25) feet in height with the light source shielded from adjacent properties.

Section 400.430 Temporary Off-Site Storage Of New Motor Vehicles. [1]

[Ord. No. 3422, 7-17-2019]

A. Purpose. The purpose of this Section is to set forth regulations for temporary storage off-site storage of new motor vehicles on property where such storage is not otherwise permitted by this Chapter.

B. Intent. It is the intent of this Section to:

1. Permit limited temporary off-site storage of new motor vehicles.

2. Maintain neighborhood character by limiting the location and extent of temporary off-site storage of new motor vehicles.

3. Protect the rights of private property owners and businesses.

C. Regulations Applicable To Temporary Off-Site Storage Of New Motor Vehicles.

1. Temporary off-site storage of motor vehicles is limited to temporary storage of excess inventory of new motor vehicles to be offered for sale at a location other than the property upon which such motor vehicle is temporarily stored.

2. Written consent of the owner of the property upon which motor vehicles will be temporarily stored is required.

3. The property upon which motor vehicles will be temporarily stored must have sufficient on-site parking to accommodate both the primary use and the temporary motor vehicle storage.

4. The property upon which motor vehicles will be temporarily stored must be at a location where a commercial or industrial use is permitted or may be conditionally permitted.

5. The temporary off-site storage of motor vehicles may not cause any adverse impacts upon adjacent properties.

D. Approval.

1. Temporary off-site storage of motor vehicles requires petition to and approval of the City Council.

a. The City Clerk shall notify, in writing, of the filing of the petition for temporary offsite storage, all owners of the property located in the area determined by lines drawn parallel to and one hundred eighty- five feet distant from the boundaries of the property which is the subject of the petition for temporary off-site storage.

b. All approvals shall include a date upon which the approval expires, not to exceed six 6) months. Temporary off-site storage beyond such expiration requires a new petition to and approval of the City Council.

c. All approvals shall include a maximum number of motor vehicles which may be simultaneously stored at the property.

[1] Editor's Note: Former Section 400.430, Traffic Impact Considerations, was renumbered to Section 400.496 by Ord. No. 3376. See now Section 400.496.

Section 400.440 Outdoor Dining Regulations.

[R.O. 2005 §30-19; CC 1997 §30-39; Ord. No. 2324 §1, 5-19-1999; Ord. No. 3403, 12-19-2018]

A. Purpose. These provisions are intended to regulate outdoor dining areas utilized for the consumption of food or beverage. The City may impose additional use or location-specific operational or improvement requirements or restrictions in the interest of preserving public safety and health. All building and zoning codes of the City, as amended, apply to outdoor dining areas.

B. Approval. Outdoor dining areas shall be approved by the City Planner upon compliance with all Application, Operational and Site Development requirements.

C. Application Requirements.

1. A site plan or aerial and rendering shall be filed with the City which depicts the proposed outdoor dining area, number of tables and/or chairs requested, proposed outdoor dining area improvements and compliance with all provisions of this Section.

2. The applicant shall provide photographs, renderings and specifications as requested of all items proposed to be utilized in conjunction with the outdoor dining use.

3. The applicant shall submit a notarized statement attesting that he/she has read, understands and agrees to comply with all the outdoor dining regulations of this Section.

D. Operational Requirements.

1. The outdoor dining area may be operated only as an ancillary part of the principal business operation.

2. Outdoor speakers and music (not live music) shall be allowed in the outdoor dining area subject to compliance with Section 400.170, Performance Standards.

3. The outdoor dining area shall be kept clean and free of debris at all times and be kept in good order and repair.

4. The outdoor dining area hours shall be no longer than those of the principal facility.

5. Approval of an outdoor dining area does not automatically extend liquor license authority into said area. If the applicant desires to serve alcoholic beverages of any class in the subject area, a conditional use permit or conditional use permit amendment must be sought and approved and new license issued.

6. The food/beverage service and menu shall be identical or substantially the same as the adjacent principal operation.

7. The operating season of the outdoor dining area shall be limited to March first through December first annually.

8. Authority to operate an outdoor dining area is granted for renewable one-year terms which shall coincide with the business license year. If the City does not take action to rescind authority granted under this Section by 11:59 P.M. the last day of the business license year, outdoor dining authority is automatically extended for another business license year period unless the conditional use permit is rescinded by the City with cause.

E. Site Development Requirements.

1. Seating must be on pavement or decking — no gravel, grass, dirt or other unfinished surface.

2. All functional and aesthetic improvements proposed for installation and operation such as outdoor tables, chairs, umbrellas, furniture, awnings, barriers, landscaping, planters and general plant materials, decorative fences, light fixtures, railings and dividers and decorative items shall be as approved by the City Planner based on factors such as appearance, durability and degree of safety to patrons and the general public. All materials must be aesthetically appealing and of uniform design.

3. The seating shall not obstruct any ingress or egress points of the principal or secondary facility.

4. An unobstructed pedestrian walkway shall be maintained between tables or chairs and any lane or parking lot utilized by motor vehicles.

5. Any lighting installed and operated shall be backshielded so as to transmit light only to the subject area and not disturb adjacent properties or affect traffic on adjacent rights-of-way.

6. Off-street parking is not required for the outdoor dining area. However, should parking become an issue, the City may impose additional parking requirements or restrictions in the interest of preserving public safety and health.

7. Any outdoor trash receptacles utilized in conjunction with the outdoor dining area shall be placed as close to the principal facility as feasible, shall be for patron self-service disposal only, shall be readily visible but coordinate with the overall design of the outdoor dining area, shall not interfere with pedestrian or vehicular ingress or egress and shall be covered or sealed at all times and not allowed to overflow.

8. No permanent structures or ground improvements may be constructed or installed without building permit authorization from the City.

9. The outdoor dining area shall not encroach on front or side yard setbacks, rear yard requirements or any right-of-way.

10. No signage or other advertising devices may be operated in the outdoor dining area except as allowed by the Sign Code for the entire facility.

11. Access to and from the outdoor dining area shall be in compliance with all fire safety requirements.

12. The outdoor dining area shall be physically separated from vehicular and pedestrian thoroughfares, both for the privacy of the patron and the safety of the patron and general public. Separation can be accomplished by a change in elevation, use of planter boxes or other landscaping methods and materials, permanent railing or combinations of each of the aforementioned. All such barriers must be at least twenty-four (24) inches in height (inclusive of plant materials) and must be durable and be well maintained.

13. All non-permanent outdoor furniture and fixtures shall be removed from the outdoor dining area or stored inconspicuously as approved by the City Planner during non-operating months.

F. Waivers.

1. The City Council shall have the authority to waive any of the requirements of this Section.

Section 400.445 Temporary Food Vendor Regulations.

[Ord. No. 3222 §2, 7-15-2015]

A. Purpose. The purpose of this Section is to set forth regulations for temporary food vendors operating on private property.

B. Intent. It is the intent of this Section to:

1. Permit limited temporary sales of food and seasonal produce within the City of Ellisville.

2. Maintain neighborhood character by limiting the location and extent of temporary sales.

3. Protect the rights of private property owners and businesses.

4. Protect the safety of the traveling public.

C. Scope.

1. These regulations shall apply to temporary food vendors operating on private property.

2. Temporary food vendors operating in the public right-of-way shall be subject to the applicable provisions of Chapter 630, Peddlers and Solicitors, of the Municipal Code.

D. Regulations Applicable To All Temporary Food Vendors Operating On Private Property.

1. Types. Temporary food vendors operating on private property shall be limited to:

a. Food truck, trailers, tents or carts; or

b. Seasonal produce trucks.

c. Other temporary structures, as may be approved by the City Council.

2. Approval. Temporary food vendors shall be subject to the review and approval of the City Council. Proof of obtaining all licenses required by the State and/or County shall be submitted to the Council prior to approval. Liquor sales are subject to all applicable liquor licensing and/or sale regulations as per Section 600.030.

3. Location and extent.

a. Temporary food vendors shall be permitted on private property occupied by any commercial, industrial or institutional use, subject to consent by the property owner and the provisions of this Section. However, in no case shall any temporary food vendor operate or be located within or upon:

(1) Properties which are currently unoccupied.

(2) Properties occupied with single-family or multi-family residential dwelling uses.

(3) Designated fire lanes or "no parking" zones.

(4) Landscaped areas of the property.

b. The location and extent of temporary food vendors, including all appurtenances and other related items, shall comply with the following:

(1) Sufficient on-site parking to accommodate both the primary use and the temporary food vendor.

(2) Sufficient on-site circulation for both vehicles and pedestrians.

(3) No adverse impacts on the public right-of-way and/or adjoining properties.

4. Drive-through facilities. Drive-through facilities shall not be permitted in conjunction with temporary food vendors.

5. Maintenance. The area in and around the temporary food vendor shall be kept clean and orderly. A trash receptacle shall be provided. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum twenty-foot radius.

6. Code compliance. Temporary food vendors shall comply with all other pertinent City, Federal, State of Missouri, and St. Louis County requirements.

7. Duration. The food truck, trailer, tent, seasonal produce truck, cart or other temporary structure may operate year-round, subject to the limitations on hours of operation.

8. Hours of operation. The food truck, trailer, tent, seasonal produce truck, cart or other temporary structure shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or twelve (12) hours per day, whichever is less.

9. Signs.

a. Signs may be attached, affixed, or applied to the food truck, trailer, tent, seasonal produce truck, cart or other temporary structure.

b. Other signs, including freestanding signs, may be allowed subject to review and approval by the City Council.

10. Appurtenances and other items.

a. Canopies, awnings, or umbrellas attached to the food truck, trailer, tent, seasonal produce truck, cart or other temporary structure shall be permitted.

b. Tables and other displays shall be permitted, provided they are:

(1) Attached or placed directly against the food truck, trailer, tent, seasonal produce truck, cart or other temporary structure; and/or

(2) Placed under a canopy, awning, or umbrella attached to the food truck, trailer, tent, seasonal produce truck, cart or other temporary structure.

Section 400.450 Day Care Homes.

[R.O. 2005 §30-20; CC 1997 §30-40; Ord. No. 2083 §§12—14, 6-5-1996]

A. Definitions. All definitions for this Section are found in Section 400.090 of this Chapter.

B. Licenses Required. No persons shall operate a day care home on premises for which such person does not have a current and valid day care home license issued by the Council. Although a day care home license may be issued by the City of Ellisville prior to the issuance of a day care home license by the State of Missouri, no person shall operate a day care home without a valid and current day care home license issued by the State of Missouri pursuant to Section 210.211, RSMo.

C. Compliance With State Statutes And Regulations. Any day care home licensed under this Section shall at all times comply with all State Statutes including, but not limited to, Section 210.201, RSMo., et seq., and all State regulations including, but not limited to, 13 CSR 40-61.010 et seq. If the Director believes that the day care home is being operated in violation of any State Statute or regulation, he/she will report said violation to the proper State authorities.

D. License Not Transferable. The license shall not be transferable and shall apply only to the person(s) or corporation and the address shown on the license. The license shall be the property of the City of Ellisville and shall be subject to revocation by the Director upon failure of the licensee to comply with the State Statutes, State regulations, rules relating to day care facilities and/or this Section. The license shall be returned to the City of Ellisville if revoked or not renewed.

E. Exemption From Requirement For Licensing. Notwithstanding any other provision of this Section, no person who operates a day care home with four (4) or fewer children who do not live on the premises in attendance at any one time shall be required to obtain a day care home license nor shall such person be subject to review of the Council nor subject to conditions under this Section for operation placed on the day care home.

F. Limitations On Operation. No day care home shall be operated:

1. By a person who does not personally provide day care service to the children in attendance at the day care home;

2. By a person who does not reside in the residence where the day care home is located;

3. In a structure which may not lawfully be occupied as a residence under the zoning ordinance;

4. Where care is being provided for more children at one time than such operator is licensed under this Section or State law to care for on the specified premises;

5. Where there is less than seven hundred fifty (750) square feet of contiguous, compact outside play area on the premises available for outside recreation of the children, regardless of the number of children that are in attendance at the day care home at any one time. The property used in calculating whether the minimum outside play area is satisfied cannot be common ground, public property or any other property where possession is in fact shared with other residents or where other residents have the right to use the property; or

6. Where the operation of the day care home is in violation of any City ordinance affecting health and safety.

G. Other Limitations Pertaining To Fitness Of Applicant And Others. No license shall be issued where the operator, an employee or any person regularly present on the premises has committed an act demonstrating a lack of fitness to care for children, including child molestation or abuse, theft, fraud or any other act of moral turpitude unless the Director finds the conduct of such person subsequent to such act has been such as to demonstrate fitness to care for children.

H. Limitation On Number Of Children. No person shall be issued a license to operate a day care home for more than eight (8) children at any one time with a maximum of five (5) children under the age of two (2) years.

I. Overlap. There may be occasions when, due to a change of shifts or because of before- and after-school care, the number of children in care would exceed for a short period of time the number of children permitted by this Section. The number in care, in these overlap situations, shall never be more than one-third (1/3) over the number of children that is otherwise allowed under this Section for a period of time not to exceed two (2) hours total in any child-care day.

J. Emergency School Closings. There may be occasions when schools are closed due to emergencies such as inclement weather. On those days, in order to accommodate enrolled school-age children needing day care due to the unscheduled school closing, the home shall be permitted to exceed for the day its licensed capacity by one-third (1/3). This one-third (1/3) excess attendance for emergency school closing shall not be in addition to the one-third (1/3) excess allowed for overlap care, so that at no time may the total number in care be more than one-third (1/3) over the licensed capacity. This emergency school closing overlap shall not be permitted for scheduled days of school closing.

K. Control Of Children. The operator of the day care home shall operate the day care home in such a manner that the residential character of the neighborhood is not disturbed. This means that the operator shall not permit:

1. Excessive noise in connection with the day care home which would annoy a person of ordinary sensibilities;

2. Children to trespass on property where there is no permission for the children to enter;

3. Operation of the day care home to damage property of others; or

4. Operation of the day care home to cause the property on which the day care home is operated to deteriorate the property.

L. Proof Of State License To Be Shown Upon Request. No person operating a day care home shall fail to show to the Director of Public Works or a designated agent upon request, during normal business hours, a copy of the operator's State day care home license issued pursuant to Section 210.211, RSMo.

M. Day Care Home To Be Operated In Conformity With Conditions. No day care home which has been issued a home day care license under this Section with conditions shall operate the day care home in violation of the conditions.

N. Biannual Applications—To Whom Made. Biannual applications for a day care home license shall be made to the Council.

O. Contents Of Initial Application. The initial application shall be filed on forms provided by the Director and shall contain the following:

1. The name of the person desiring to operate a day care home.

2. The address where the person intends to operate the day care home.

3. The maximum number of children who will be in attendance at the day care home at any one time.

4. A copy of the application made to the State of Missouri for a State day care home license.

5. The number of square feet on the premises available for outside recreation of the children.

6. A site plan drawn to scale showing:

a. Outboundary dimensions of the lot;

b. Any off-street parking;

c. Structures on the lot including dimensions of the structure, fences (indicating the height and construction material of the fence);

d. The location of any bodies of water on the premises or on lots abutting the premises, whether such bodies of water are natural or manmade;

e. The location of the play area satisfying the minimum play area space requirements;

f. Cliffs, retaining walls or other abrupt changes in grade on the premises or on abutting lots;

g. High tension wires on the premises or abutting lots; and

h. Other manmade features of the premises affecting the suitability of the premises for a day care home.

7. The addresses of residences within one hundred eighty-five (185) feet of the premises.

8. The names, addresses and Social Security numbers of the applicant, all proposed employees and all adults who reside or will be present on the premises on a regular basis. Each such person shall execute an authorization for the Council to request the Chief of Police of the City of Ellisville to conduct a complete record check of each such person.

9. Applicant shall execute an authorization for the Council to request the Metro West Fire District to conduct a complete inspection of the premises.

P. Renewal Application. Renewal applications shall be filed on forms provided by the Director, shall contain the information set forth in Subsections (O)(1) through (O)(4) and (O)(9) and shall state in what manner, if any, the matters described in Subsections (O)(5) and (O)(6) have changed.

Q. Review Of Application. The application or renewal application shall be investigated by the Council if the Council believes it is necessary to determine the truth and correctness of the application.

R. Standards For Issuance Of Initial License. No license shall be issued where:

1. The Council believes any statement in the application is false.

2. The application is not completed.

3. The operation of the day care home will not satisfy the requirements of this Section.

4. The applicant does not consent to operate within the conditions imposed under Subsection (S) of this Section.

5. The applicant does not receive a three-fourths (¾) favorable vote of all the elected members of the Council.

S. Standard For Imposition Of Conditions. The Council may impose conditions upon the granting of an initial or renewal license, if the Council believes such conditions are necessary to preserve the residential character of the neighborhood. The Council may not impose conditions which would make the operation of the day care home violative of Federal or State laws and regulations or any other City ordinance or regulation.

T. Permissible Conditions On License. By way of example and not limiting the lawful conditions which may be imposed under Subsection (S), the following are conditions which may lawfully be imposed by the Council:

1. The requirement for the construction of a fence of sufficient height and construction to contain the children within the premises of the day care home.

2. The requirement that the hours of operation of the day care home be limited.

3. The requirement that any assistant or assistants working at the day care home use available off-street parking so as not to congest neighborhood streets.

4. In the event that the Council determines that there is inadequate parking space to permit the picking up or dropping off of children at the day care home without congesting traffic or endangering public safety, then the Council may require that the operator provide an off-street paved unobstructed pickup space with adequate stacking area.

5. In the event that the lot on which the day care home is to be operated contains less than ten thousand (10,000) square feet, the Council may limit the number of children permitted at the day care home to less than the maximum otherwise permitted by law.

6. The requirement that signs are not allowed.

7. The requirement that no more than one (1) assistant can be employed.

U. Fee—Grant Or Denial Of Annual License. The Council shall notify the applicant and inform the applicant whether the application has been approved, approved with conditions or denied. The applicant will be issued a license by the Council upon payment of a licensing fee in accordance with this Code.

V. Notification Of Neighbors Within One Hundred Eighty-Five Feet. Upon receipt of the initial application for a day care home license, the Council shall cause the persons at the addresses identified by the applicant in the application pursuant to Subsection (O)(7) to be notified of the pending application. The notice given by the Council shall state:

1. A day care home license has been applied for;

2. The name of the applicant;

3. The address of the applicant, which is the address of the proposed day care home;

4. The license may be issued with conditions;

5. The address of the Council and the desire of the Council to receive written comments pertaining to the granting of the license or the imposition of conditions in connection with the licensing of the premises;

6. The license will not be granted for at least thirty (30) days following the mailing of the notice of the Council to permit time for response from the addressees;

7. The Council will allow and accept comments from the floor from residents concerning the application for a day care home license at an open, public meeting; and

8. The license will not be granted without approval of three-fourths (¾) of the elected members of the Council.

W. Minimum Waiting Period For Review By Petition. No day care home license shall be reviewed under the provisions of this Section until the day care home shall have been licensed by the City for at least ninety (90) days.

X. Contents Of Petition For Review. The petition shall contain:

1. The name and address of each petitioner;

2. The signature of each petitioner and the date the signature was placed on the petition. No signature shall be counted as a valid signature unless it is made more than seventy-five (75) days following the issuance of the original license for the day care home;

3. The location of the residence of the petitioner with respect to the licensed premises;

4. The reason or reasons that the signatories are aggrieved. Broad statements that the Council failed to comply with the ordinance in issuing the license do not satisfy this requirement.

Y. Signatures Required On Petition For Review. The petition shall contain signatures of residents of at least thirty percent (30%) of the dwelling units on all lots or parcels of land which are wholly or partially within one hundred eighty-five (185) feet of the premises.

Z. Filing Of Petition For Review With Council. The petition shall be filed with the Council.

AA. Notice Of Review Hearing. Following a determination by the Council that the petition is sufficient, the Council shall give notice by mail of the hearing to the persons indicated on the petition, to the licensee and as otherwise provided by law.

AB. Hearing On Petition For Review. The hearing shall be conducted at the time and place specified in the notice of hearing. The hearing shall be conducted before the Council.

AC. Suspension Or Revocation Initiated By The Director. If the Director believes that the day care home is being operated in violation of any City ordinance or conditions imposed upon the license, he/she may suspend a day care home license until he/she believes the conditions giving rise to the violation of the conditions has abated or he/she may revoke the license. The revocation of the license shall not be effective for five (5) weekdays following actual delivery of the notice to the licensee. If the licensee believes that such suspension or revocation is made in error, then the licensee may appeal within the five (5) day period to the Council as provided below. The filing of such appeal shall stay the suspension or revocation until the review of the Council has been completed. The fee for filing an appeal of suspension/revocation of license shall be sixty dollars ($60.00).

AD. Procedure On Appeals.

1. An appeal to the Council may be made by the applicant or licensee from any decision of the Director or other persons in the manner described in Subsection (W) through (AB). An appeal made pursuant to Subsection (AC) shall be made within the time period prescribed in that Subsection. All other appeals shall be made within fifteen (15) days of the decision appealed from. An appeal to the Council from the suspension or revocation of a permit or approval, approval with conditions or disapproval of license or renewal license application may only be made from the final decision of the Council.

2. Appeals shall be filed with the Council upon such forms as are approved for such purpose by the Council. Each appeal shall be accompanied by a fee in accordance with this Code. Appeals to the Council shall be instituted by filing a notice of appeal with the Council within fifteen (15) days after mailing or delivery of the Council's final decision.

3. Before making its decision on any appeal, the Council shall hold a public hearing thereon. At least five (5) days' notice of the time and place of such hearing shall be sent to each person known to the Council to have any interest in the appeal and by certified mail to the appellant. Such notice shall contain the name of the appellant, the date, time and place fixed for the hearing and a brief statement of the subject of the appeal. In addition, notice of the hearing shall be published in one (1) newspaper of general circulation in Ellisville not less than five (5) days prior to the hearing.

4. Hearings may be adjourned from time to time; and if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearing shall be required.

5. The Council may adopt rules of procedure not inconsistent with law. A majority of the Council shall constitute a quorum.

6. The Mayor or other Presiding Officer may administer oaths and compel the attendance of necessary witnesses at hearings or meetings.

7. The Council shall cause adequate minutes of its proceedings to be kept and shall record or otherwise provide for the ability to prepare a transcript of all evidence and testimony presented in any hearing.

8. All decisions of the Council shall be by order, in which a majority of those members participating in a hearing shall concur. Each order shall set forth the decision and a statement of the grounds and any findings forming the basis of such decision and the full text of the order and record of members' votes shall be incorporated into the minutes of the Council's meetings.

9. A decision of the Council that the Director erroneously determined the facts or applied the law shall contain a statement of the decision which the Director ought to have made and such decision shall have the same force and effect as though the Director had made the decision. The Council shall not make a determination that the Director acted erroneously and refer the matter back to the Director for a different determination. The decision of the Council shall be final.

10. The deliberations and records of the Council shall be open to the public.

11. An appeal to the Council shall operate as a stay of an order denying a permit or suspending or revoking a permit or denying renewal of a license, unless the Director specifically determines in his/her order that a stay would produce an immediate and irreversible threat to the public health and welfare.

12. No issue pertaining to a specific party which has been previously specifically decided by the Council shall be subject to rehearing unless a substantial change of conditions is alleged in the notice of appeal. An issue which has been previously decided by the Council shall not be modified by a subsequent decision of the Council unless a substantial change in fact has been shown to exist.

Section 400.460 (Reserved) [1]

[1] Editor's Note: Former Section 400.460, Tree Regulations, was renumbered to Section 400.485 by Ord. No. 3376.

Section 400.465 Restrictions On Financial Institutions and Check-Cashing/Payday Loan Establishments.

[Ord. No. 2932 §10, 2-4-2009]

A. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to financial institutions and check-cashing/payday loan establishments or as may be approved by the Council:

1. Such facilities shall provide and utilize digital video and audio surveillance equipment that observes all interior portions of the unit that are accessible or visible to the general public, all private offices and all exterior perimeters of the building or site including parking lots, alleys, service areas, all exterior windows and doors and similar spaces. Such equipment shall operate twenty-four (24) hours a day seven (7) days a week and shall be connected to a recording device(s) that permanently retain the recorded data for at least thirty (30) days before the data is erased or recorded over. Such recording devices must be able to have the data downloaded to another device for long-term permanent storage as needed.

2. Such facilities shall be designed to have their public lobby areas fully visible from the adjoining parking lots. No interior or exterior improvements, window tintings and treatment, draperies, blinds, signage, landscaping or other devices shall be utilized to block such visibility.

3. Such facilities shall provide a vault or safe to protect cash or other liquid assets. Such vault or safe shall have a UL rating of TRTL-15 or better. Such safe or vault shall be installed in such a manner that the area near the safe/vault shall be visible from the parking lot and the surveillance system.

4. Such facilities shall be equipped with an interior illumination system that fully illuminates the area around the vault or safe during all times of darkness.

5. Such facilities shall be equipped with an alarm system that monitors all exterior doors and windows, cash drawers and the vault/safe. The system shall include "hold up" alarm/panic buttons at all teller and manager positions that promptly notify the Police Department when activated. Such an alarm system must be installed and operated in accordance with the established standards and requirements of the City of Ellisville for such equipment. Such systems shall be tested monthly and a record of such tests maintained on the premises for review.

6. In addition to the restrictions above, check-cashing/payday loan establishments shall not be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school or public use or within seven hundred fifty (750) feet of any other check-cashing/payday loan establishment or establishment or within three hundred (300) feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the eleemosynary use, religious institution, school, public building or public park or to the right-of-way line of Manchester Road.

Section 400.466 Alternative Energy Systems.

[Ord. No. 2943 §1, 5-20-2009]

A. Solar Energy System Definition. As used in this Section, the following terms shall have these prescribed meanings:

SOLAR ENERGY SYSTEMS

A structure or equipment designed to utilize solar energy as an alternative for, or supplement to, a conventional energy system. Systems installed as part of the principal structure are subject to the same restrictions as the principal building. Systems installed as stand-alone structures are subject to the same restrictions as an accessory building.

B. Small Wind Energy Systems—Purpose And Intent. The purpose of this Section is to accommodate small wind energy systems in appropriate locations while protecting the public's health, safety and welfare. In addition, this Section provides a permitting process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.

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

METEOROLOGICAL TOWER (MET TOWER)

Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purpose of this Section, met towers shall refer only to those whose purpose are to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system.

MODIFICATION

Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.

NET METERING

The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system that is fed back into the electric distribution system over a billing period.

POWER GRID

The transmission system created to balance the supply and demand of electricity for consumers.

SHADOW FLICKER

The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

SMALL WIND ENERGY SYSTEM

A wind energy conversion system consisting of a wind generator, a tower and associated control or conversion electronics, which has a rated capacity of one hundred (100) kilowatts or less and will be used for on-site consumption.

SYSTEM HEIGHT

The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

TOWER

The monopole, guyed monopole or lattice structure that supports a wind generator.

TOWER HEIGHT

The height above grade of the fixed portion of the tower, excluding the wind generator.

WIND GENERATOR

The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

D. Procedure For Review. Small wind energy systems and met towers are accessory structures and uses permitted in all zoning districts. No small wind energy system shall be erected, constructed or installed without first receiving a building permit. A building permit shall be required for any physical modification to an existing small wind energy system. Met towers that receive a building permit shall be permitted on a temporary basis not to exceed three (3) years from the date the building permit was issued.

Prior to issuance of a building permit, an applicant must receive zoning approval from the Planning Department. Applications submitted to the Planning Department shall contain a site plan with the following information:

1. Property lines and physical dimensions of the applicant's property.

2. Location, dimensions and types of existing major structures on the property.

3. Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.

4. Tower foundation blueprints or drawings.

5. Tower blueprints or drawings.

6. Setback requirements as required within the zoning district.

7. The right-of-way of any public road that is contiguous with the property.

8. Any overhead utility lines.

9. Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity.

10. Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.

11. Sound level analysis prepared by the wind generator manufacturer or qualified engineer.

12. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the adopted Building Code.

13. Evidence of compliance or non-applicability with Federal Aviation Administration requirements.

E. Standards. The City Planner shall evaluate the application for compliance with the following standards:

1. Small wind energy systems must meet all setbacks for accessory structures for the zoning district in which the system is located.

2. Guy wires used to support the tower are exempt from the small wind energy system setback requirements.

3. The maximum tower height shall be restricted to the maximum building height in the zoning district.

4. Sound level. The small wind energy system shall not exceed sixty (60) decibels as measured at the site property line, except during short-term events such as severe wind storms and utility outages.

5. Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. "Significant shadow flicker" is defined as more than thirty (30) hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.

6. Signs. All signs, including flags, streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs.

7. The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, wind generator design or appearance, buffering and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground, except when the financial costs are prohibitive.

8. The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include, but are not limited to, white, off-white or gray.

9. A small wind energy system shall not be artificially lit.

10. Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations and ordinances.

F. Abandonment.

1. At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the City Planner by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

2. Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within ninety (90) days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the City Council. "Physically remove" shall include, but not be limited to:

a. Removal of the wind generator and tower and related above-grade structures.

b. Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.

3. In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous twelve (12) month period. After the twelve (12) months of inoperability, the City Planner may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice of abandonment within thirty (30) days from notice receipt date. After review of the information provided by the owner, the City Planner shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the City Planner shall withdraw the notice of abandonment and notify the owner of the withdrawal.

4. If the owner fails to respond to the notice of abandonment or, if after review by the City Planner, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner's sole expense within three (3) months of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the City Planner may pursue legal action to have the small wind energy system removed at the owner's expense.

G. Violation. It is unlawful for any person to construct, install or operate a small wind energy system that is not in compliance with this Section.