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City of Oronogo, MO
Jasper County
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[CC 1994 §54.010; Ord. No. 01.09, 6-11-2001; Ord. No. 09.44 §1, 2-22-2010]
A. 
It shall be unlawful for any person, either directly or indirectly, to conduct any business within the corporate limits of the City of Oronogo or to use in connection therewith any vehicle, premises, machine or device for which a license is required by this Chapter without the license so required having been first procured and thereafter kept in effect at all such times as required by this Code or other ordinance.
B. 
Business licenses shall be in effect from July first (1st) to June thirtieth (30th) of each year. The City Clerk is directed to mail to all such businesses, in June of each year, notice of the requirement to renew business licenses. Failure of the City Clerk to send such notice to a business shall not obviate the need for any such person who is required to have a license under this Code to obtain such license.
C. 
City licenses are due on July first (1st). Failure to obtain such license within thirty (30) days of the due date shall be deemed a violation of this Code.
D. 
All contractors who perform work in the City of Oronogo shall obtain the appropriate business license and shall require any subcontractors on any such job to obtain an appropriate license. In addition to the fees required by this Chapter, a contractor and subcontractor shall provide proof of a certificate of insurance for Workers' Compensation coverage if the applicant is required to cover his or her liability under Chapter 287, RSMo.
E. 
The Chief of Police or his/her designee, or the City Building Inspector or his/her designee, may at any time request to see a City business license. Failure to produce proof of such license shall be deemed to be a violation of this Code.
A. 
All applications for the licenses required herein shall be made to the City Clerk on appropriate forms provided for that purpose by the City. All licenses issued by the City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Aldermen.
B. 
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
[CC 1994 §54.020; Ord. No. 94.10, 5-16-1994]
A. 
For each business required by this Chapter to be licensed, a separate license shall be obtained.
1. 
A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one (1) license, which shall specify on its face all such businesses.
[CC 1994 §54.030; Ord. No. 94.10, 5-16-1994]
When any person engages in two (2) or more businesses at the same location, under one (1) license as authorized in Section 605.020(1), he/she shall pay a license fee equal to the sum of all the fees for each business so licensed.
[CC 1994 §54.040; Ord. No. 94.10, 5-16-1994]
Except as may be provided otherwise in this Chapter, a person shall be deemed to be in business within the meaning of this Chapter when he/she is selling any goods or service, soliciting business, or offering goods or service for sale or hire, or using any vehicle or premises in the City for business purposes.
[CC 1994 §54.050; Ord. No. 94.10, 5-16-1994]
A. 
Except as provided in Subsection (B), a license shall be required of every business, when the same be reasonably within the intention of the legislature of this State in the enactment of Section 94.270, RSMo., and other State Statutes.
1. 
The City Clerk shall make the initial determination whether any particular business, activity, occupation, vocation or service shall be covered within this requirement. Such determination by the City Clerk shall be final and binding on persons affected thereby, unless and until such determination is held unreasonable or invalid by a court of competent jurisdiction.
B. 
Persons Not To Be Charged For Business License.
1. 
No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and after December 31, 2003, no investment funds service corporation as defined in Section 143.451, RSMo., may be required to pay any such license fee in excess of twenty-five thousand dollars ($25,000.00) annually, any law, ordinance or Charter to the contrary notwithstanding.
2. 
No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the City of Oronogo.
[CC 1994 §54.060; Ord. No. 94.10, 5-16-1994]
The local agents or other representatives of non-residents who are doing business or engaging in non-profit enterprises in this City shall be personally responsible for the compliance of their principals and of the businesses and enterprises they represent with all applicable provisions of this Chapter.
[CC 1994 §54.070; Ord. No. 94.10, 5-16-1994]
Except as may be provided otherwise by this Code, no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his/her regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Chapter.
[CC 1994 §54.080; Ord. No. 94.10, 5-16-1994]
The City Clerk shall be the City Business License Officer and shall issue in the name of the City all licenses required by this Chapter, to all qualified applicants therefore, when all required taxes and fees have been paid in accord with the provisions of this Chapter.
[CC 1994 §54.090; Ord. No. 94.10, 5-16-1994]
A. 
The City Clerk, in issuing licenses required by this Chapter, shall:
1. 
Adopt all forms and prescribe the information to be given therein as to character of applicant's business, and other relevant matter for all necessary papers;
2. 
Require applicants to submit all affidavits and oaths necessary to the administration of this Chapter;
3. 
Submit all applications, in each proper case, to interested City Officials for their endorsements thereon as to compliance by the applicant with all City ordinances which they have the duty of enforcing;
4. 
Investigate and determine the eligibility of any applicant for a license or permit or renewal thereof as prescribed in this Chapter;
5. 
Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Chapter; and
6. 
Notify any applicant of the acceptance or rejection of his/her application and, upon refusal of any license or permit and at the applicant's request, state in writing the reasons therefore and deliver them to the applicant.
[CC 1994 §54.100; Ord. No. 94.10, 5-16-1994]
Taxes and fees required by this Chapter to be paid by any person shall be payable to the City Clerk who shall issue a proper receipt to each person making any such payment.
[CC 1994 §54.120; Ord. No. 94.10, 5-16-1994]
Any applicant for the renewal of a license under this Chapter shall submit an application therefore to the City Clerk upon forms provided by the City Clerk, which shall include such information which he/she shall find to be reasonably necessary to the fair administration of this Chapter and information as to the conduct and operation of his/her business during the preceding licensing period.
[CC 1994 §54.130; Ord. No. 94.10, 5-16-1994]
The City Clerk shall, upon disapproving any application, direct the City Collector to refund all money paid in advance; provided the applicant is not otherwise indebted to the City. When the issuance of a license is refused and any action or proceeding is brought by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused.
[CC 1994 §54.140; Ord. No. 94.10, 5-16-1994]
An appeal may be had from any decision of the City Clerk in granting or denying a City business license. An application for appeal shall be filed with the City Clerk within fourteen (14) days of a decision adverse to the one requesting an appeal. The Board of Aldermen shall hear the appeal within thirty (30) days of filing of the application for an appeal hearing.
[CC 1994 §54.150; Ord. No. 94.10, 5-16-1994]
The City Clerk, and all other City Officers and officials who may be officially concerned with administering and enforcing this Chapter, shall keep all information furnished or secured under the authority of this Chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known, except to the persons charged with the administration of this Chapter; provided that this Section shall not prohibit any City Officer from testifying as to such information in compliance with a subpoena issued under a court of competent jurisdiction or from the Board of Aldermen in any proceeding before it.
[CC 1994 §54.160; Ord. No. 94.10, 5-16-1994]
Every licensee under this Chapter shall post and maintain his/her license upon the premises in a place where it may be seen at all times. Every licensee under this Chapter who does not have licensed business premises shall carry his/her license on his/her person and shall display it to City Officers having authority to enforce this Chapter and to persons with whom he/she transacts business at their request.
[CC 1994 §54.170; Ord. No. 94.10, 5-16-1994; Ord. No. 23-13, 4-24-2023]
A. 
The fees for licenses required under this Chapter shall be established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk. Gross receipts associated with the fees for licenses as determined by a percentage of gross receipts shall mean the following:
1. 
Except as otherwise provided in Subsection (A)(2) of gross receipts hereof, all monies collected and received by licensee from the manufacture, distribution, and sale of electric power, natural gas and energy to all of licensee's customers within the present and future boundaries of the City of Oronogo served under rate schedules as now or hereafter approved by the Missouri Public Service Commission for residential, commercial, and industrial service having a reserve capacity of forty (40) kilowatts or less, before any deductions are made therefrom by the licensee for any expenses, costs or charges of any kind; or monies collected and received by the licensee from the provider of telephone/telecommunications/cable/satellite services to residential, commercial and industrial customers within the present and future boundaries of the City of Oronogo before any deductions are made therefrom by the licensee for any expenses, costs or charges of any kind.
2. 
Gross receipts shall not include:
a. 
Late charges and interest collected and received by licensee.
b. 
All monies collected and received by licensee from the following customers of licensee: churches, schools and religious private schools.
[CC 1994 §54.180; Ord. No. 05.06, 4-11-2005; Ord. No. 22-31, 6-13-2022; Ord. No. 22-35, 7-11-2022[1]]
A. 
Schedule of license fees and classification of occupations, except as otherwise indicated herein, the annual schedules of license fees and classifications of occupation, trades, pursuits, business and vocations shall be as follows:
1.
Ambulance
$50.00
2.
Billiard and pool (per table)
$5.00
3.
Domino parlor (per table)
$5.00
4.
Bowling alley (per alley)
$5.00
5.
Apartment house, mobile home rentals
$50.00
+ $2.00 per trailer
6.
Automobile (used car)
$25.00
7.
Billposters
$20.00
8.
Barbershop
$10.00
9.
Beauty shop
$10.00
10.
Cleaning and pressing
$20.00
11.
Coal and wood dealers
$20.00
12.
Coin-operated devices
a.
Operator's license for pinball machine
$10.00
b.
Coin-operated machines including music amusement devices, vending machines mechanical merchandise, vending compartment device units, weighing devices
$10.00
13.
Contractors
a.
General, electric, plumbing, HVAC, renewable energy system installer
[Ord. No. 23-08, 4-10-2023]
$25.00
b.
Subcontractors
$15.00
14.
Garage
$25.00
15.
Ice cream stand
$25.00
16.
Ice dealer retail
$5.00
17.
Insurance agency (office within City)
$25.00
18.
Insurance companies or their representatives (office within City)
$25.00
19.
Junk and salvage dealers
$30.00
20.
Laundries
$25.00
21.
Manufacturers
Every person who shall hold or purchase personal property for the purpose of adding to the value by any process of manufacturing, refining or by combination of different materials or shall purchase and sell manufactured articles such as he/she manufactures or uses in manufacturing is a manufacturer.
a.
Stock on hand of $1,000.00 or less
$25.00
b.
Stock on hand of $1,000.00 to $5,000.00
$30.00
c.
Stock on hand of over $5,000.00
$35.00
22.
Merchants retail
Every person who shall deal in the selling to others at retail, wholesale, or for the purpose of resale any goods, wares or merchandise in any store, stand, or place of business occupied for that purpose within the City is hereby declared to be a merchant.
a.
Stock on hand of $3,000.00 or less
$25.00
b.
Stock on hand of $3,000.00 to $6,000.00
$30.00
c.
Stock on hand of $6,000.00 to $9,000.00
$35.00
d.
Stock on hand of $9,000.00 to $12,000.00
$40.00
e.
Stock on hand of $12,000.00 to $15,000.00
$45.00
f.
Stock on hand of $15,000.00 and over
$50.00
23.
Peddlers (per day)
$10.00
24.
Loan agencies and banks
$50.00
25.
Pest control
$15.00
26.
Photographers (transient)
$25.00
27.
Publishing establishments, including newspapers
$25.00
28.
Public utilities
[Ord. No. 23-43, 10-23-2023]
a.
Telephone
5% of gross revenues
b.
Gas
5% of gross revenues
c.
Electric
5% of gross revenues
d
Video service providers
A video service provider shall be any franchise entity providing video service to customers within the limits of the City of Oronogo, to include cable, satellite and Internet providers. The license fee for all such video service providers shall be as follows:
Prior to August 28, 2023
5% of gross revenues
Beginning August 28, 2023
4.5% of gross revenues
Beginning August 28, 2025
3.5% of gross revenues
Beginning August 28, 2026
3% of gross revenues
Beginning August 28, 2027 and continuing after
2.5% of gross revenues
29.
Real estate agent (office within City)
$25.00
30.
Restaurants
$25.00
31.
Septic tank cleaning
$25.00
32.
Sewing machine agent and dealers
a.
Per day
$1.00
b.
Per year
$10.00
33.
Shows
a.
Circus (per day)
$25.00
b.
Tent show (per day)
$25.00
c.
Carnival (per week)
$50.00
(As to regulations concerning the erection and use of tents, §615.005)
d.
City Sponsored Special Events
[Ord. No. 16-26 §1, 8-8-2016]
$25.00
All vendors at such event shall be required to have a City business, but there shall be no additional fee to any such vendor who participates at the event. Any vendor serving food not in its original package shall be required to comply with all applicable County health regulations.
34.
Taxidermist
$25.00
35.
Collection agency
$25.00
36.
Mail order
$50.00
37.
Recreation park
$15.00
a.
Snack bar
$20.00
38.
Car wash
$25.00
39.
Sign painter
$10.00
40.
Undertaker
$30.00
41.
Welders
$20.00
42.
Plumber
$25.00
43.
Video store
$25.00
Any business not listed will be set by the Mayor and Board at twenty-five dollars ($25.00).
[1]
Editor's Note: Ord. No. 22-35 amended Subsection (A)(28)(c) regarding gross receipts on electric. It reaffirmed this rate at 5%, despite the tariff increase awarded by the PSC to Liberty effective June 2, 2022, in accordance with Section 393.275.1, RSMo.
A. 
Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen for any of the following reasons, as well as for any other reasons specified in this Chapter:
1. 
Any failure to comply with or any violation of any provisions of this Chapter, or any other ordinance of the City regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee; or
2. 
Violation of the terms and conditions upon which the license was issued; or
3. 
Failure of the licensee to pay any tax or obligation due to the City; or
4. 
Any misrepresentation or false statement in the application for a license required herein; or
5. 
Failure to display the license required herein.
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
A. 
In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
1. 
The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
2. 
At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
3. 
During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing set by the Board of Aldermen, the Board of Aldermen shall hear all relevant and material evidence justifying the retention of the license.
5. 
The licensee may be present in person and/or by his/her attorney and may present evidence.
6. 
After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
7. 
The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
Any person, firm or corporation or co-partnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on or engage in or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Oronogo without first paying the tax herein levied and obtaining a license therefor shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished by a fine as specified in Section 100.220 of this Code.
[Ord. No. 18-39, 9-10-2018]
A. 
Except as otherwise provided in this Section, no person shall do electrical work of any kind, install any wiring or agree to do any electrical or wire installation either by contract or on a time-and-wage basis or by employment of some other person who is not a duly licensed electrician to do the work, or assume to direct or supervise any electrical or wiring work in the City unless he/she shall then hold any unrevoked electrician’s license issued to him/her by the City, as provided in this Chapter. Any electrician who possesses a “certificate of competence” issued by this City shall not contract to perform electrical work in this City unless also currently licensed as an electrician.
B. 
In order to become a duly licensed electrician, a person must first obtain a certificate of competency from the Electrical Board as a journeyman electrician, unless such person is presently licensed in good standing with a City with which this City has a reciprocal licensing agreement.
C. 
A person who is not a licensed electrician, but who is employed by an electrician who is licensed, as provided in this Chapter, may do electrical work for such licensed electrician if such work is done by him/her under the continuous and immediate supervision of such licensed electrician. Such employee shall comply at all times with all provisions of this Chapter other than the one requiring electrical workers to have licenses.
D. 
The owner of the property may himself/herself install wiring to serve such property and he/she may repair wiring already serving such property, if the wiring does not and will not serve a dwelling and if he/she has obtained the required permit for such work; or if the wiring to be installed or repaired does or will serve a dwelling, he/she may do the work himself/herself if all the following facts and conditions then exist:
1. 
The owner is to do all the work himself/herself without the help of any person other than a duly licensed electrician;
2. 
The dwelling is a single-family dwelling;
3. 
The owner is not building such dwelling, or having it built, for sale;
4. 
The dwelling is not to be sold for at least one (1) year after the completion of the electrical work;
5. 
The owner has applied for a permit to do such electrical work; and
6. 
The owner, in doing the work, will comply with all applicable requirements of this Chapter and, in particular, will duly submit his/her work for inspection by the City Electrical Inspector.
[Ord. No. 18-40, 9-10-2018]
A. 
Except as otherwise provided in this Section, no person shall do plumbing work of any kind, lay any drain or agree to do any plumbing or drain-laying jobs either by contract or on a time-and-wage basis or by employment of some other person who is not a duly licensed plumber to do the work, or assume to direct or supervise any plumbing or drainage work in the City unless he/she shall then hold any unrevoked plumber’s license issued to him/her by the City, as provided in this Chapter.
B. 
A person who is not a licensed plumber, but who is employed by a plumber who is licensed, as provided in this Chapter, may do plumbing work for such licensed plumber if such work is done by him/her under the continuous and immediate supervision of such licensed plumber. Such employee shall comply at all times with all provisions of this Chapter other than the one requiring plumbing workers to have licenses.
C. 
The owner of the property may himself/herself install plumbing to serve such property, if the plumbing does not and will not serve a dwelling and if he/she has obtained the required permit for such work; or if the plumbing to be installed or repaired does or will serve a dwelling, he/she may do the work himself/herself if all the following facts and conditions then exist:
1. 
The owner is to do all the work himself/herself without the help of any person other than a duly licensed plumber;
2. 
The dwelling is a single-family dwelling;
3. 
The owner is not building such dwelling, or having it built, for sale;
4. 
The dwelling is not to be sold for at least one (1) year after the completion of the plumbing work;
5. 
The owner has applied for a permit to do such plumbing work; and
6. 
The owner, in doing the work, will comply with all applicable requirements of this Chapter and, in particular, will duly submit his/her work for inspection by the City Plumbing Inspector.
[Ord. No. 18-41, 9-10-2018; Ord. No. 22-21, 5-23-2022]
A. 
Except as otherwise provided in this Section, no person shall do heating, ventilation and air conditioning (HVAC) work of any kind, install any mechanical or agree to do any HVAC or mechanical installation either by contract or on a time-and-wage basis or by employment of some other person who is not a duly licensed HVAC worker to do the work, or assume to direct or supervise any HVAC or mechanical work in the City unless he/she shall then hold any unrevoked HVAC license issued to him/her by the City, after fulfilling all requirements for proof or exemption of Workers’ Compensation Insurance and Certification of Section 608 Technician under the Environmental Protection Agency, and any other applicable license or certification standards that may be required under Federal law and/or the laws of the State of Missouri, as well as any other requirements as provided on the license application as issued from the City and as provided in this Chapter.
B. 
A person who is not a licensed HVAC worker, but who is employed by a HVAC worker who is licensed, as provided in this Chapter, may do HVAC work for such licensed HVAC worker if such work is done by him/her under the continuous and immediate supervision of such licensed HVAC worker. Such employee shall comply at all times with all provisions of this Chapter other than the one requiring HVAC workers to have licenses.
C. 
The owner of the property may himself/herself install HVAC to serve such property, if the HVAC does not and will not serve a dwelling and if he/she has obtained the required permit for such work; or if the HVAC to be installed or repaired does or will serve a dwelling, he/she may do the work himself/herself if all the following facts and conditions then exist:
1. 
The owner is to do all the work himself/herself without the help of any person other than a duly licensed HVAC worker;
2. 
The dwelling is a single-family dwelling;
3. 
The owner is not building such dwelling, or having it built, for sale;
4. 
The dwelling is not to be sold for at least one (1) year after the completion of the HVAC work;
5. 
The owner has applied for a permit to do such HVAC work; and
6. 
The owner, in doing the work, will comply with all applicable requirements of this Chapter and, in particular, will duly submit his/her work for inspection by the City Building Inspector.
[Ord. No. 23-08, 4-10-2023]
A. 
Definitions. For purposes of this Section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section. The words "shall" and "will" are mandatory and "may" is permissive. The terms "standards," "regulations," and "requirements" indicate specific items with which the applicant or property owner must comply. Compliance with standards, regulations, and requirements is mandatory. Words not defined shall be given their common and ordinary meaning.
AMBIENT SOUND LEVEL
For the purposes of WECS regulations, the sound pressure level exceeded ninety percent (90%) of the time, or L90, at a given location. Also, the amount of background noise at a given location prior to the installation of a WECS, which may include, but is not limited to, traffic, machinery, general human activity, and the interaction of the wind with the landscape. Ambient sound level is measured on the decibel dB(A) weighted scale as defined by the American National Standards Institute (ANSI).
APPLICANT
Any person that applies for a building permit.
APPLICATION
The process by which an applicant submits' a request and indicates a desire to be granted a building permit under the provisions of this Section. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
AXIS
For purposes of WECS regulations, the plane on which a rotor or other wind-harnessing mechanism rotates. City regulations do not differentiate between horizontal and vertical axis WECS.
BLADES
The aerodynamic surface that catches the wind.
BRAKING
A method of overspeed control that utilizes a disc brake.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system affixed to either a principal or accessory structure on a lot.
CUTOFF ANGLE
The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above from which no light is emitted.
DOE
The Federal Department of Energy.
FALL ZONE
For purposes of WECS regulations, the hypothetical area into which a tower and wind turbine could collapse in the event of a structural failure.
FEEDER LINE
For purposes of WECS regulations, any power line that carries electrical power from one (1) or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation servicing the WECS.
GENERATOR NAMEPLATE CAPACITY or NAMEPLATE GENERATING CAPACITY (INSTALLED)
For purposes of WECS regulations, the maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer. Installed generator nameplate capacity is commonly expressed in kilowatts (kW) or megawatts (MW) an in usually indicated on a nameplate physically attached to the generator.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is not attached to another structure and is affixed to the ground.
HEIGHT, WECS SYSTEM
The height above grade of the WECS, including the generating unit and the highest vertical extension of any blades or rotors.
HORIZONTAL AXIS WIND TURBINES (HAWTs)
The type of wind turbine that has the main rotor shaft and electrical generator at the top of the tower, and must be pointed into the wind. The turbine is generally pointed upwind of the tower, and the blades placed some distance in front of the tower.
INTERCONNECTION
For purposes of WECS regulations, sharing energy through the local utility grid system. This requires an approved interconnection agreement with the pertinent electric utility provider serving the site, e.g., Liberty Utilities.
MICRO WIND TURBINE (MWT)
A wind energy conversion system (WECS) consisting of a wind turbine, tower (unless roof-mounted), and associated control or conversion electronics, which has a rated capacity of 10 kilowatts or less.
MONOPOLE TOWER
A small-scale wind generation facility tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports.
OFF-GRID
For purposes of WECS regulations, an electrical system that is not connected, or is not permitted to be connected, to any utility distribution and transmission facility or to any building or structure that is connected.
PROPERTY LINE
For purposes of WECS regulations, the boundary line of the area over which the entity applying for WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between landowners.
RENEWABLE ENERGY SYSTEM
Equipment and appurtenances used in the production of energy through the conversion of sun and wind energy, which includes solar energy and wind energy systems.
ROTOR
For purposes of WECS regulations, an element of a WECS that acts as a multi-bladed airfoil assembly, thereby directly extracting through rotation the kinetic energy of wind.
ROTOR DIAMETER
For the purposes of WECS regulations, the diameter of the circle described by the rotor blades. See also "swept area."
SHADOW FLICKER
For purposes of WECS regulations, alternating changes in light intensity caused by the moving blades of a wind energy conversion system that casts moving shadows on the ground and stationary objects.
SOLAR ENERGY COLLECTOR
The component of a solar energy system containing the flat plate or tube or other devices that absorb energy from the sun when exposed to sunlight.
SOLAR ENERGY EQUIPMENT
The solar energy collectors, electronics, disconnects, valves, and other appurtenances associated with a solar energy system.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, and energy storage facility (where used), and components of the distribution of transformed energy.
SOUND PRESSURE LEVEL
The sound measurement commonly reported in decibels [dB(A)].
SWEPT AREA
For purposes of WECS regulations, the diameter of the least circle encompassing all blades for a WECS. Also any and all portions of overhanging blades, turbines, or attachments that oscillate, rotate or otherwise move, which are not part of the fixed structural elements of the wind energy conversion system, including those on vertical axis WECS. See also the definition for "rotor diameter."
TOWER
For purposes of WECS regulations, the vertical component of a WECS that elevates and supports the wind turbine generator, rotor blades, and other equipment above the ground.
WIND ENERGY CONVERSION SYSTEM (also referred to as a "WECS")
The configuration of components, including the base, tower, generator, rotor blades and related equipment to covert the kinetic energy of wind into electrical energy (e.g., windmill or wind turbine). A wind energy conversion system which has a nameplate rated capacity of up to one hundred (100) kilowatts and is incidental and subordinate to a principal use on the same parcel.
WIND ENERGY CONVERSION SYSTEM, CO-LOCATED
A WECS that is mounted on a tower or pole structure which serves another primary purpose such as a flagpole. Co-located systems are permitted per the rules of this Chapter, so long as the principal use or structure is located on the subject parcel.
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL
A WECS that is intended to produce electricity for sale to a rate- regulated or non-regulated utility or for use off-site. For the purpose of this Section, a commercial WECS has a total nameplate generating capacity equal to or greater than one hundred (100) kW.
WIND ENERGY CONVERSION SYSTEM, FREESTANDING
A WECS that is elevated by means of a monopole tower and is not located on another supporting structure. Guyed, lattice, or other nonmonopole style towers shall not meet this definition.
WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL
A WECS of less than one hundred (100) kW in total nameplate generating capacity that is not operated on a for-profit basis. A WECS that is interconnected with the pertinent electric utility or that receives credits or rebates for energy transmitted to the power grid is not by that reason alone operated on a for-profit basis.
WIND ENERGY CONVERSION SYSTEM, SMALL
A WECS of less than ten (10) kW in total nameplate generating capacity.
WIND TURBINE
A piece of electrical generating equipment that aids in the conversion of the kinetic energy of wind into electrical energy.
B. 
Wind Energy Conversion Systems (WECS).
1. 
General Provisions. The City of Oronogo finds and declares that wind energy is an abundant, renewable and non-polluting energy resource of the City and that its conversion to electricity will reduce our dependence on non-renewable energy sources and decreases the air and water pollution that results from the use of conventional energy sources.
a. 
The City of Oronogo further finds and declares that:
(1) 
Wind turbines that convert wind energy to electricity are currently available on a commercial basis from many manufacturers.
(2) 
The generation of electricity from properly sited wind turbines can be cost effective and, in many cases, exiting power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.
(3) 
Regulation of the location and installation of wind turbines is necessary for the purpose of protecting the health and safety of neighboring property owners and the general public.
b. 
Windmills used for the production of electric current or wind energy conversion systems (WECS) are permitted subject to the following general conditions:
(1) 
The primary purpose of the WECS device must be to provide power for the principal use of the property on which it is located and shall not be for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time.
(2) 
The WECS and its location on the property involved shall be designed in such a manner as to eliminate any nuisances to surrounding properties and to limit any noise from said WECS from being heard beyond the boundaries of the property where said WECS is located.
(3) 
No variance shall be granted in connection with a proposed WECS to permit a height greater than allowed in this Chapter for each district. The height of the device shall be defined as the distance between the base of the tower and the highest point of the wind energy conversion system. For a horizontal axis wind turbine, the highest point shall be the highest vertical point of the swept rotor arc. No device may be located so close to a property line or building as to result in any portion of the device at any time, whether erect or in the event that the device should fall or be toppled, to overhang, cross or otherwise extend beyond the property line.
(4) 
The minimum distance between the ground and any rotor shall be twenty (20) feet.
(5) 
No WECS shall be located in any required front yard area.
(6) 
No WECS device shall be permitted which causes interference with the reception of television, radio or other communications signals for adjoining properties.
(7) 
An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.
(8) 
All electrical wires associated with a wind energy system shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires.
(9) 
No television, radio, or other communication antenna may be affixed or otherwise made a part of a WECS.
(10) 
Only monopole non-commercial WECS are permitted.
2. 
Specific Requirements.
a. 
Permits. Only one (1) WECS is allowed per lot. A renewable energy permit application is required for all systems and shall be submitted to the City of Oronogo, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Oronogo in Section 500.610, Application And Fees. A renewable energy permit application, which will act as the building permit, upon approval from the City Building Inspector shall include the following information:
(1) 
Name and address of applicant.
(2) 
Evidence that the applicant is the owner of the premises involved or that owner has granted permission on a renewable energy permit application.
(3) 
A plot plan and development plan drawn in sufficient detail to clearly describe:
(a) 
Property lines and physical dimensions of the site,
(b) 
Location, approximate dimensions and types of major existing structures and uses on-site.
(c) 
Location and elevation of the proposed WECS.
(d) 
Location of all aboveground utility lines on-site or within one (1) radius of the total height of the WECS.
(e) 
Location and size of structures and trees above thirty-five (35) feet for all immediate and adjacent properties of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers are not considered structures.
(f) 
Show the zoning designation of immediate and adjacent sites.
(g) 
Include make, model, picture and manufacturer's specifications, including noise decibels.
(4) 
No building permit shall be issued for a system until a copy of the utility company's approval for interconnection of a customer-owned generator has been provided. Off-grid systems shall not be permitted, unless by special use permit approval.
b. 
Installation And Operation. Installation of all wind energy conversion systems shall comply with the following requirements:
(1) 
Compliance with National Electrical Code, International Building Code, and International Residential Code.
(a) 
WECS applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City. The application shall include a statement from a registered professional engineer or licensed electrician indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This certification would normally be supplied by the manufacturers. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b) 
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.
(2) 
Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors. This certification would normally be supplied by the manufacturer and include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the Loss of Blade Theory.
(3) 
Tower Access. Towers should have either:
(a) 
Tower-climbing apparatus located no closer than twelve (12) feet from the ground;
(b) 
A locked anti-climb device installed on the tower; or
(c) 
The tower shall be completely enclosed by a locked, protective fence at least six (6) feet high. A fence permit must be obtained if constructing a new fence to meet this requirement.
(4) 
Noise. The WECS shall meet the requirements of any existing noise ordinance of the City of Oronogo.
(5) 
Electromagnetic Interference. The wind energy conversion system shall be operated in a manner such that no disruptive electromagnetic interference is caused. If it has been demonstrated to a City Inspector that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference.
(6) 
Signs. At least one (1) sign shall be posted at the base of the tower warning of electrical shock or high voltage. Systems shall not be used as signs or used to support signage. Exceptions include appropriate warning signage and reasonable identification of the manufacturer, installer, or operator.
(7) 
Setbacks.
(a) 
The WECS shall be set back from any property line, aboveground utility line or other WECS a distance greater than two (2) times its overall height, including blades, to property lines, and three (3) times its overall height to any structures.
(b) 
Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to the property lines of non-participant owners.
(8) 
Structural Integrity. The applicant must submit a written certification from a Missouri-licensed structural engineer providing details of the weight of the WECS, certifying that the supporting structure has the structural integrity to carry the weight and wind loads of the WECS.
(9) 
Abatement. The City reserves the right to perform an inspection periodically to verify the system is being maintained. If a wind energy conversion system or systems are not maintained in operational condition for a period of six (6) months and/or pose a potential nuisance or safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City determines that the WECS has been abandoned and/or poses a nuisance or safety hazard, the system shall be removed within forty-five (45) days of written notice to the owner or operator of the system.
(10) 
Lighting Of The Tower. Lighting of the tower for aircraft and helicopter will conform with FAA standards for wattage and color.
(11) 
Environmental Impact. The project must be viewed for visual pollution and for a possible environmental impact statement. Systems shall be a neutral, non-reflective color designed to blend with the surrounding environment.
(12) 
Shadow Flicker. No WECS shall be installed and operated in a manner that causes shadow flicker to fall on or in any residential dwelling existing at the time of application to install a WECS is received by the City. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses, either through siting or mitigation. Shadow flicker expected to fall on an adjacent parcel or roadway may be acceptable if the flicker does not exceed thirty (30) hours per calendar year. If such flicker is likely, the applicant shall, at the applicant's sole expense, furnish a flicker study for City review.
C. 
Solar Energy Systems.
1. 
Purpose. The purpose of this Subsection is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The City of Oronogo finds these regulations are necessary to ensure that solar energy systems are appropriately designed, sited, and installed.
2. 
General Provisions. The provisions of this Section shall apply to the construction and /or installation of all roof- and ground-mounted solar panels:
a. 
Solar energy panels are allowed in all zoning districts as an accessory use to the principal use of the property.
b. 
All accessory solar panel installations shall provide documentation to the City of Oronogo verifying the compliance with the renewable energy requirements.
c. 
Solar energy systems shall be documented by the manufacturer as being non-reflective pursuant to recognized engineering standards showing reflectivity of less than thirty percent (30%) or shall be placed such that concentrated sunlight or glare shall not be directed onto nearby properties or streets.
d. 
Solar energy equipment must comply with all setback and lot coverage requirements for the zoning district in which the property is located.
e. 
All power transmission lines from a structure- or ground-mounted solar energy system to any building, structure, or utility pole/line shall be located underground.
f. 
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, reflectors, balloons, flags, banners or similar materials. The manufacturer's information and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system, provided that the signage is not for advertising purposes.
g. 
All active solar systems shall meet approval of the City of Oronogo's construction codes. Installation must conform to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City.
h. 
All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the structure and the materials adjacent to the lines when visible from the street.
i. 
No solar energy system shall be installed until evidence has been presented to the City of Oronogo that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall not be permitted, unless by special use permit approval.
j. 
Any other uses of solar energy systems not contained in this Section must be approved through the process of a special use permit.
k. 
Abatement. The City reserves the right to perform an inspection periodically to verify the system is being maintained, if a renewable energy system has been abandoned [meaning not having been in operation for a period of six (6) months], is defective or is deemed to be unsafe by the City Inspector, the renewable energy system shall be required to be repaired by the owner to meet Federal, State and local safety standards, or be removed by the property owner within forty-five (45) days of written notice to the owner operator of the system. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator or the system.
3. 
Specific Requirements.
a. 
Permits. A renewable energy source system application is required for all systems and shall be submitted to the City of Oronogo, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Oronogo in Section 500.610, Residential Permit and Tap Fees. The renewable energy source permit application, which will act as the building permit, upon approval from the City Inspector, shall include the following information:
(1) 
Name and address of applicant.
(2) 
Evidence that the applicant is the owner of the premises involved or that owner has granted permission on renewable energy source permit.
(3) 
A plot plan and development plan drawn in sufficient detail to dearly describe:
(a) 
Property lines and physical dimensions of the site.
(b) 
Location, approximate dimensions and types of major existing structures and uses on site.
(c) 
Location and elevation of the proposed solar energy system.
(d) 
Roof-mounted systems require drawings indicating roof dimensions, a North arrow and bar scale of drawing, and show all ridge line or parapets for roof-mounted solar system. Identify all vents, chimneys, or other apparatus, including vertical objects (i.e., trees), that may affect the placement of the panel. Provide details of the overall size of the panel array and the arrangement of the array.
(e) 
Ground-mounted solar systems require drawings, including North arrow and bar scale, lot dimensions, identify all streets adjacent to lot, identify easements and setbacks, provide details of solar unit's maximum height from grade and overall size of panel array, and any screening details (vegetation, fencing, etc.), provide distances from existing structures, trees, fences, and adjacent property lines.
(f) 
Electrical, plumbing, and structural; engineering information and drawings.
(g) 
Provide detailed drawings of support structures or footings where applicable.
(h) 
A picture showing the sample colors for the proposed solar energy system and the structure's roof material.
(i) 
A copy of the design approval letter from the utility company shall be submitted for customers requesting to interconnect to the utility company's electrical grid.
(j) 
Include make, model, picture and manufacturer's specifications.
b. 
Installation And Operation. Installation of all solar energy systems shall comply with the following requirements:
(1) 
Compliance with National Electrical Code, International Building Code, and International Residential Code.
(a) 
Renewable energy system applications shall be accompanied by a line drawing identifying the electrical components of the solar system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City. The application shall include a statement from a registered professional engineer or licensed electrician indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b) 
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.
(2) 
Ground-Mounted Solar Energy Systems.
(a) 
Ground-mounted solar energy systems shall only be located in the side or rear yard of a property.
(b) 
Ground-mounted solar energy systems and supporting structures may not exceed a total height of eight (8) feet if property is one (1) acre or less, fifteen (15) feet on property larger than one (1) acre, as measured from the average grade at the base of the supporting structure to the highest edge of the system.
(c) 
Ground-mounted solar energy systems must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, walls, plantings, or other architectural feature or any combination thereof; provided, however, that the screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially nonfunctional.
(d) 
The area underneath the ground-mounted solar panels shall be well maintained with the installation of mulch, landscaping rocks, maintained grass, pavement, or other attractive materials.
(e) 
If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy stem shall be graded and reseeded.
(3) 
Roof-Mounted Solar Energy Systems.
(a) 
Solar panels shall be permitted on any sloped roof if the panels are mounted flush or parallel to the roof plane. Parallel mounting shall be placed no more than eight (8) inches higher than the roof surface.
(b) 
When located on a sloped roof, solar panels shall be set back at least two (2) feet from any outside edge, ridge, or valley of the roof and shall not exceed the height of the roofline.
(c) 
When located on a sloped roof, solar panels shall be positioned in a symmetrical fashion and centered on the plane of the roof on which they are located.
(d) 
A solar panel shall be permitted to project away from a flat roof if the solar panels are screened on all four (4) sides from all adjacent streets or properties with a material that matches or complements the architecture of the building.
(e) 
The applicant must submit a written certification from a Missouri-licensed structural engineer providing details of the weight of each panel or array per square foot and certifying that the supporting structure has the structural integrity to carry the weight and wind loads of the solar energy system.
D. 
Penalties For Offenses. Any person who violates any provision of this Section shall be subject to a fine not to exceed five hundred dollars ($500.00), imprisonment not to exceed fifteen (15) days, or both such fine and imprisonment.