[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.
[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.
AMBIENT SOUND LEVEL
APPLICANT
APPLICATION
AXIS
BLADES
BRAKING
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
CUTOFF ANGLE
DOE
FALL ZONE
FEEDER LINE
GENERATOR NAMEPLATE CAPACITY or NAMEPLATE GENERATING CAPACITY
(INSTALLED)
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HEIGHT, WECS SYSTEM
HORIZONTAL AXIS WIND TURBINES (HAWTs)
INTERCONNECTION
MICRO WIND TURBINE (MWT)
MONOPOLE TOWER
OFF-GRID
PROPERTY LINE
RENEWABLE ENERGY SYSTEM
ROTOR
ROTOR DIAMETER
SHADOW FLICKER
SOLAR ENERGY COLLECTOR
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOUND PRESSURE LEVEL
SWEPT AREA
TOWER
WIND ENERGY CONVERSION SYSTEM (also referred to as a "WECS")
WIND ENERGY CONVERSION SYSTEM, CO-LOCATED
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL
WIND ENERGY CONVERSION SYSTEM, FREESTANDING
WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL
WIND ENERGY CONVERSION SYSTEM, SMALL
WIND TURBINE
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.
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).
Any person that applies for a building permit.
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.
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.
The aerodynamic surface that catches the wind.
A method of overspeed control that utilizes a disc brake.
A solar energy system affixed to either a principal or accessory
structure on a lot.
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.
The Federal Department of Energy.
For purposes of WECS regulations, the hypothetical area into
which a tower and wind turbine could collapse in the event of a structural
failure.
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.
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.
A solar energy system that is not attached to another structure
and is affixed to the ground.
The height above grade of the WECS, including the generating
unit and the highest vertical extension of any blades or rotors.
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.
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.
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.
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.
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.
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.
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.
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.
For the purposes of WECS regulations, the diameter of the
circle described by the rotor blades. See also "swept area."
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.
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.
The solar energy collectors, electronics, disconnects, valves,
and other appurtenances associated with a 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.
The sound measurement commonly reported in decibels [dB(A)].
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."
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.
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.
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.
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.
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.
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.
A WECS of less than ten (10) kW in total nameplate generating
capacity.
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.