[Zoning Order Art. 9, Div. II, 4-2-2008]
The listed conditions for each of the following conditional
uses are minimum requirements for that use in the specified zone district(s).
Additional conditions may be added at the discretion of the County
Council.
[Zoning Order §9.080, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
AGRICULTURE-RELATED FEEDING OR DISPOSAL
Commercial feedlots for the raising and selling of farm animals.
1.
Concentrated animal feeding operations (CAFOs) are regulated
by the State through the Missouri Department of Natural Resources
NPDES (National Pollutant Discharge Elimination System) permitting
process. Any agriculture-related feeding or disposal activity shall
obtain the proper NPDES permit (construction permit and operation
permit) when required. Specific laws and regulations from the Revised
Missouri State Statutes and Missouri Code of State Regulations shall
be followed (e.g., 10 CSR 20-6.300 Concentrated Animal Feeding Operations
and 10 CSR 20-8.020 Design of Small Sewage Works). When the County's
requirements conflict with the States requirements, the more restrictive
standards shall apply.
2.
All livestock and poultry shall be kept confined to the premises
by erection and maintenance of a stock-tight fence and necessary cattle
guards.
3.
Pens, buildings, corrals and yards other than open pastures
shall not be closer than one hundred (100) feet to any street, highway
or existing residential structure.
4.
The CAFO shall be a minimum of one thousand (1,000) feet from
a sinkhole, water supply wells or water supply reservoirs.
[Zoning Order §9.090, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(9.090 D), 7-30-2008]
A. All
applicable State and Federal regulations and laws shall be met.
B. Minimum
lot size is one (1) acre.
C. The
plant shall be at least seven hundred fifty (750) feet from a residential
use in a residential zone. Separation requirements shall be measured
from the actual asphalt plant operations area (including offices,
parking and indoor and outdoor storage areas) to the residential structure.
D. The use shall be totally enclosed by a solid wall at least eight (8) feet high or enclosed within a fire-proof building, unless located within an approved mining operation meeting the requirements of Section
400.3250.
E. Applicants
for new plants shall demonstrate that designated truck access routes
to such new facilities will not be primarily through privately maintained
streets in residential areas.
F. The
applicant shall provide to the County for approval an operating plan
that includes at a minimum:
1. The proposed hours of operation.
2. An emergency management plan that identifies the steps to be taken
in the event of a hazardous materials incident.
3. An analysis of wind patterns in the area of the proposed development
to be used in the evaluation of the potential impact of any noxious
odors.
4. The procedures to be employed to contain any dust generated through
the operation of the plant.
5. A storm water runoff management plan that shall result in the detention
of all water runoff on site for a length of time that shall result
in no contamination of adjacent streams and waterways with sludge.
[Zoning Order §9.120, 4-2-2008]
A. The
automotive service station shall be located within five hundred (500)
feet of a County classified principal street.
B. Medium impact screening from the adjacent residentially zoned properties or existing residential use shall be required on site, according to Article
XIV. No screening will be required when facing a street.
C. Hours
of operation shall be limited to 6:00 A.M. to 7:00 P.M. Monday through
Saturday.
D. Lighting
shall be directed off the neighboring properties.
[Zoning Order §9.130, 4-2-2008]
A. Shall
not accommodate more than five (5) guests.
B. Shall
not be located within one thousand five hundred (1,500) feet of any
other boarding or lodging facility.
C. Cooking
or food preparation in guest rooms shall not be permitted.
D. Shall
comply with all other applicable local, State and Federal requirements.
E. Exterior
alterations that would change the character of the building from that
of a single-family residence shall not be permitted.
[Zoning Order §9.140, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. The storage of boats in Section
400.3170 is for boats in dry storage on land not in water or a marina setting.
1. Site plan. A site plan shall be submitted that includes
detailed information on access, driveways, parking spaces for employees
and customers, storage areas and loading and unloading areas.
a. Parking areas must meet the County's design requirements for parking facilities as specified within Article
XII of this UDO.
b. The site shall include an adequate off-street loading/unloading area.
c. Boats or vehicles stored on site must be contained in an appropriately
paved or gravel area separate from required parking spaces.
d. No vehicles shall be parked in any landscape area on the property
or within the street right-of-way.
e. Driveways and roadway access shall be constructed and maintained in accordance with Article
XVI of this UDO and as directed and approved by the County.
f. Driveways, parking lots and loading/unloading areas shall be paved
with an approved concrete or asphalt/concrete surface.
2. Boats and recreation vehicles may be maintained on site, but shall
not be repaired on site.
a. All maintenance services shall be conducted entirely within an enclosed
building.
b. Maintenance facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way or any residential uses unless there is an intervening building or a minimum of a thirty (30) foot landscape buffer as defined in Article
XIV of this UDO.
c. No gasoline or fuel shall be sold or dispensed on the site.
3. All boat, recreation vehicle and maintenance equipment storage operations
shall:
a. Be licensed by the State of Missouri, if required.
b. Have proper approvals from the Missouri Department of Revenue.
c. Meet all other applicable local, State and Federal requirements.
4. Signs shall comply with Article
XIII of this UDO, unless otherwise specified.
[Ord. No. 16-0100 §2, 1-4-2016]
5. The site shall be maintained in a safe, sanitary, orderly condition
which does not constitute a public nuisance or adversely affect adjoining
properties.
a. The maximum number of boats and recreational vehicles permitted shall
be in accordance with the approved conditional use permit.
b. All inoperable, dismantled or damaged vehicles shall be located entirely
within a building at all times.
c. The site shall meet all applicable landscape requirements in accordance with Article
XIV of this UDO, incorporating landscape berms wherever possible.
d. The site shall be attended on days of operation.
e. The use of loud speakers or other exterior amplification devices
shall be prohibited.
[Zoning Order §9.150, 4-2-2008]
A. The
floor area (including storage) occupied by this use shall not exceed
one thousand five hundred (1,500) square feet.
B. Any
outdoor storage area shall be completely screened from all adjacent
streets and neighboring properties.
C. Parking and loading shall be provided per Article
XII.
[Ord. No. 16-0100 §2, 1-4-2016]
A. Composting facilities are conditional uses in the "RA-5" and "LR-2"
residential zone districts. The purpose of these facilities is to
receive yard waste and produce compost for the purpose of resale provided
they meet the following conditions.
1.
Site plan. A site plan shall be required at
the time of submittal of the application for the conditional use.
The applicant or representative may produce the site plan. The site
plan shall contain the following information.
a.
Dimension of the area to be used for the operation.
b.
Property boundaries if different from the operating area.
c.
Location of the compost piles.
d.
Location of any existing structures in the operating area.
e.
Location of any proposed structures.
f.
Distance to the property lines from the operation and all structures
to be used for the operation.
g.
All rights-of-way and easements on the property.
h.
Structures off site that are less than two hundred (200) feet
from the property line.
i.
Existing or proposed access to the operation.
2.
Lot. These facilities shall be located on parcels
a minimum of two (2) acres in size.
3.
Hours of operation. The facilities may operate
between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.
4.
Access.
a.
The State, County or road district that has jurisdiction shall
approve access.
b.
Lighting at the entrance shall be required.
c.
All access points shall be marked and signed to warn of the
truck traffic.
d.
Access through a private subdivision shall be avoided.
5.
Buffers.
a.
A minimum of a fifty (50) foot buffer shall be required on all
sides of the site where no residential structures are within two hundred
(200) feet of the site.
b.
When located next to existing residential structures that are
within two hundred (200) feet of the site, a one hundred (100) foot
buffer shall be required.
6.
Screening.
a.
Screening shall be required when a residential structure is
less than two hundred (200) feet from the site.
b.
Screening shall not be required when a residential structure
is more than two hundred (200) feet from the site.
c.
When required, screening may consist of a fifty (50) foot natural buffer or a fifteen (15) foot planted buffer per the buffering requirement of Article
XIV. A combination of natural and planted buffer may be approved by the Planning Division so long as the natural buffer is at least twenty-five (25) feet deep.
7.
Erosion and sediment controls. Site will be
reviewed by the Stormwater Division to determine if erosion and sediment
controls are needed.
B. When the site plan has been approved and all required conditions
have been met the operation may commence. All proposed structures
must acquire a building permit before work on the structure may commence.
[Zoning Order §9.170, 4-2-2008]
A. All parking areas shall meet the County's design requirements for parking facilities as specified within Article
XII of this UDO.
B. The
use of permanent loud speakers or other exterior amplification devices
shall be prohibited.
C. Signs shall comply with Article
XIII of this UDO, unless otherwise specified.
[Ord. No. 16-0100 §2, 1-4-2016]
D. Special events shall comply with Article
XI of this UDO, unless otherwise specified.
[Zoning Order §9.180, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
A. The
property shall have a minimum lot area of two (2) acres and shall
have a minimum lot width of two hundred (200) feet;
B. Not
less than five hundred (500) square feet of lot area is provided for
each patient/resident;
C. Side
yards shall be increased to double the side yard required in the district;
D. The
architecture of the facility shall maintain a residential character;
E. If adequate buffers do not exist, buffers and screening shall be required per requirements of Article
XIV;
F. All
adequate State licensing requirements must be met; proof of current
State license shall be required; and
G. Parking shall be provided per requirements of Article
XII.
[Zoning Order §9.190, 4-2-2008]
A. Site
development plan approval is required prior to any construction or
grading activities.
B. Sufficient parking and circulation facilities shall be provided per requirements of Article
XII and Article
XVI.
C. All
structures and the parking areas shall be set back at least one hundred
(100) feet from all property lines.
D. The
architecture of the facility shall be compatible with the residential
character of the neighborhood.
E. Signage for the country club shall be limited to one (1) entrance monument not to exceed the sign regulations set forth in Article
XIII.
F. Any special event held on the premises shall be required to obtain a special event permit per Article
XI.
G. Alcohol
consumption on the premise is allowed only if all State and local
licensing requirements are met.
H. Lighting
shall be directed off the neighboring properties.
[Zoning Order §9.195, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(9.195), 7-30-2008]
A. A
site plan shall be submitted that includes detailed information on
the proposed building, access, driveways, parking, playgrounds and
any other applicable use or features on the property.
B. The
property shall have a minimum lot area of fifteen thousand (15,000)
square feet.
C. Full
site development will be required when any new construction is proposed
on the property, including storm water detention.
D. Low impact screening from the adjacent residentially zoned properties or existing residential use shall be required on site, according to Article
XIV. No screening will be required when facing a street.
E. Lighting
shall be directed off the neighboring properties.
F. Parking and loading shall be provided per Article
XII.
G. Hours
of operation shall be limited to 6:00 A.M. to 8:00 P.M. Monday through
Saturday.
H. Signs shall comply with Article
XIII, unless otherwise specified.
[Ord. No. 16-0100 §2, 1-4-2016]
I. Shall
comply with all other applicable local, State and Federal requirements.
[Zoning Order §9.200, 4-2-2008]
A. Dwellings
in the "NC-1" and "CC-2" Districts are encouraged to provide screening
to adjacent commercial uses.
B. Dwellings
are encouraged to be built with noise-proof materials.
[Zoning Order §9.210, 4-2-2008; Ord. No. 11-12-2008A
§§1 — 2(9.210), 11-12-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. Defined. "Group home facility for the disabled" is a residential
facility for the care of individuals who, upon completion of a course
of treatment that provides an extensive program for individuals, are
in need of an interim structured living situation to allow for their
resocialization and reintegration into community living or for permanent
housing of developmentally disabled individuals. For purposes of this
Section, a group home facility does not include:
1. Any home in which eight (8) or fewer unrelated mentally or physically
handicapped persons reside and may include two (2) additional persons
acting as house parents or guardians who need not be related to each
other or to any of the mentally or physically handicapped resident
persons; or
2. Any private residence licensed by the Division of Family Services
or Department of Mental Health to provide foster care to one (1) or
more but less than seven (7) children who are unrelated to either
foster parent by blood, marriage or adoption.
B. A
group home facility shall be subject to the following conditions and
restrictions in the "RA-5" and "LR-2" Districts:
1. The maximum number of persons in a facility shall not exceed ten
(10) individuals and two (2) resident staff members;
2. Parking shall be indicative of the neighborhood in which located;
3. The facility shall be secondary to a facility operated and maintained
by an organization that provides intensive treatment for individuals
with mental or physical disabilities or a contract facility wherein
the individuals remain under the jurisdiction of the County or the
State or a facility operated for developmentally disabled;
4. The property shall have a minimum lot area of two (2) acres;
5. There shall be a minimum building size of two hundred fifty (250)
square feet per resident and resident staff;
6. There shall be no sign advertising the nature of the use;
7. The facility shall not be used as a residence for sex offenders;
8. At the time of original approval, no facility shall be located within
one thousand (1,000) feet of another such facility or of a halfway
house, a convalescent home, nursing home, retirement home, school,
church, a children's nursery or a day care home, however, the County
Council shall have the authority to waive this requirement, provided
that the facilities are separated by a County classified principal
street, railroad track, major waterway or other comparable manmade
or natural barrier; and
9. The residential character of the structure shall be maintained.
C. In
determining whether to approve a conditional use permit for a group
home facility for the disabled, the County Council shall consider
each individual application in light of the above criteria, while
taking into consideration that each application is to be evaluated
on its own individual merit and that it may be appropriate to provide
reasonable accommodations to the facility to address the housing needs
of disabled individuals.
[Zoning Order §9.220, 4-2-2008]
A. The
facility shall be located on a parcel of at least five (5) acres.
B. The
conditional use permit shall have a five (5) year limit renewable
by the County Council.
C. There
shall be thorough documentation demonstrating that all measures have
been or will be taken to minimize any risk to adjoining properties
stemming from the activities associated with the use of guns and/or
archery equipment.
D. The
use shall not constitute a nuisance or be a hazard to life or property
as determined by the County.
E. A parking plan shall be submitted per Section
400.4040. Parking area(s) shall be able to accommodate at least sixty percent (60%) of the maximum design capacity of the facility. However, the County may place a more restrictive parking requirement on a case-by-case basis.
F. Hours
of operation shall be limited to one-half (½) hour after sunrise
to one-half (½) hour before sundown seven (7) days a week for
outdoor facilities.
G. Lighting
shall be directed off the neighboring properties.
H. For
firing ranges and archery ranges, a projectile-proof backstop, consisting
of concrete, steel, earth or a combination thereof, at least fifteen
(15) feet high shall be erected and maintained behind all target areas.
I. The
noise level shall not exceed sixty-five (65) decibels (dBA) at the
property boundary.
[Zoning Order §9.230, 4-2-2008]
A. A
halfway house for parolees, prisoners or juveniles shall be subject
to the following conditions and restrictions:
1. Paving and screening of all parking area.
2. No more than four (4) residents (excluding resident staff).
3. No exterior evidence of such use and no sign advertising such use.
4. The residential character of the structure shall be maintained.
5. There shall be a minimum building size of three hundred (300) square
feet for each resident and resident staff.
6. At the time of original approval, no facility shall be located within
one thousand (1,000) feet of another such facility or a group home
or a convalescent center or a children's nursery or boarding home,
school, church or a day care home. However, the County Council shall
have the authority to waive this requirement if the facilities are
separated by a County classified principal street, railroad track,
major waterway or other comparable manmade or natural barrier.
[Zoning Order §9.240, 4-2-2008]
A. The
property shall have a minimum lot area of two (2) acres and shall
have a minimum lot width of two hundred (200) feet;
B. Not
less than five hundred (500) square feet of lot area is provided for
each patient/resident;
C. Side
yards shall be increased to double the side yard required in the district;
D. The
architecture of the facility shall maintain a residential character;
E. If adequate buffers do not exist, buffers and screening shall be required per requirements of Article
XIV;
F. All
adequate State licensing requirements must be met; proof of current
State license shall be required; and
G. Parking shall be provided per requirements of Article
XII.
[Zoning Order §9.250, 4-2-2008]
A. The
use shall be conducted entirely within a non-combustible building
or area surrounded on all sides by a fence, wall or approved alternative.
1. Any such fence or wall shall:
a. Have a height adequate to obscure all parts, supplies or other items
from normal view of the public.
b. Have a height of at least (8) feet.
c. Have a uniform height, texture, color and be generally consistent
with the character of the neighborhood.
d. Be maintained so as ensure the health, safety and welfare of the
public are preserved.
2. Existing site features, which provide complete visual screening,
may be approved as an alternative to constructing a new fence or wall.
B. Storage
shall not:
1. Exceed the height of the approved fence or wall.
2. Be stored, loaded, unloaded or otherwise placed either temporarily
or permanently outside the enclosed building, fence, wall or approved
screening or within public rights-of-way.
C. Site Plan. A site plan shall be submitted that includes
detailed information on access, driveways, parking spaces for employees
and customers, storage areas and loading and unloading areas.
1. Parking areas must meet the County's design requirements for parking facilities as specified within Article
XII of this UDO.
2. The site shall include an adequate off-street loading/unloading area.
3. Storage on the site must be contained in an appropriately paved or
gravel area separate from required parking spaces.
4. No vehicles shall be parked in any landscape area on the property
or within the street right-of-way.
5. Driveways and roadway access shall be constructed and maintained in accordance with Article
XVI and as directed and approved by the County.
6. Driveways, parking lots and loading/unloading areas shall be paved
with an approved concrete or asphalt/concrete surface.
D. Signs shall comply with Article
XIII of this UDO, unless otherwise specified.
[Ord. No. 16-0100 §2, 1-4-2016]
[Zoning Order §9.260, 4-2-2008]
A. Mining
operations are permitted only as a conditional use in the "RA-5" and
"LR-2" zoning districts.
1. Permits.
a. Open face quarry, sand or gravel pit for the purpose of removing,
screening, crushing, washing or storage of clay, stone, gravel; concrete
batching plant; asphalt plant; and related industries.
(1)
No permit shall be issued until the location, development plan
and method of operation, including necessary structures, have been
submitted to and approved by the Planning and Zoning Commission and
County Council.
(2)
This operation shall make provision for the preservation or
restoration of the ground surface and cover and it shall show on the
development plan.
(3)
The conditional use permit has a five (5) year time limit, renewable
by the County Council.
b. Underground mine.
(1)
No permit shall be issued until the location, development plan
and method of operation, including necessary structures, have been
submitted to and approved in writing by the Planning and Zoning Commission
and County Council.
(2)
The permit shall be for a limited period of time, not to exceed
ten (10) years, renewable by the County Council and shall be subject
to regulations and restrictions prescribed by the County Council.
2. Prior to initiation of mining activities an application for a conditional
use permit must be submitted that provides the following:
a. Written stipulations that the activity will not have any harmful
impacts on the environment (air, water, natural landscape), neighboring
residents and businesses or to livestock;
b. A specific development plan indicating the extent of the area proposed
to be mined and time schedule for completion of mining operations;
c. Information as to how the operation will be buffered and methods
to assure that no harmful off-site impacts will occur;
d. A transportation plan detailing routes to be used by vehicles serving
the site, weight limits and traffic volumes;
e. Information on hours of operation and procedures (on and off site)
related to any on-site blasting that might occur and to the mining
operation; and
f. Plans and profiles describing any proposed subsequent use of the
mined-out area.
3. The removal area shall be completely enclosed with a fence not less
than six (6) feet in height.
4. An earthen berm shall be provided that shields all operations from
ground level view along all property lines.
5. Where underground mining is occurring beneath "RA-5", "LR-2", "PI"
or "PM" zoned properties, the following conditions must be met:
a. All surface access to an underground mine shall only be from "RA-5",
"LR-2", "PI" and "PM" zone districts;
b. No activities shall be conducted upon the surface of the mine or
mined-out area, other than as permitted per plans in the "PI" and
"PM" Districts;
c. Exhaust air vents, air shafts or other surface features necessary
and incidental to the underground operation shall be enclosed on four
(4) sides to a height of at least eight (8) feet and these facilities
shall not exceed forty-five (45) feet in height and be no closer than
thirty (30) feet to any property line; and
d. No noxious gas or fumes shall emanate from any exhaust air vent on
the surface of such mine or mined-out area.
[Zoning Order §9.270, 4-2-2008]
A. All
applicable Federal and State law and regulations shall be met.
B. Documentation
is required that demonstrates that all security measure have been
or will be taken to protect enjoyment of the neighboring properties.
C. Parking and loading shall be provided according to the requirements of Article
XII.
D. Screening of the parking area and buildings shall be required according to Article
XIV.
E. Lighting
shall be directed off the neighboring properties.
[Zoning Order §9.290, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
A. This
includes an outdoor commercial recreation facility or area, such as
an amusement park, a baseball or an athletic field, a race track or
fairground with incidental concession facilities, picnic grounds,
fishing, swimming, paintball and other types of commercial recreation
facilities.
1. Where the property adjoins land zoned or used for residential purposes,
no building or facility shall be nearer than one hundred (100) feet
and no driveway or parking area shall be nearer than fifty (50) feet
of such boundary, unless topography or other factors justify a lesser
setback.
2. The design and layout of the facility shall be in a fashion that
minimizes sound and light at the property line.
3. A sound amplification system or any other noise caused by the operation
shall not exceed sixty-five (65) decibels, as measured at the property
line.
4. Outdoor lighting shall be designed so that light sources are not
visible from adjacent property and shall include shields or cutoffs
at the light source to redirect light away from such boundaries.
5. Access to the property shall be directly from State or County streets
and traffic generation and other effects will be handled so as not
to adversely affect adjacent property.
6. Landscaping, berming or fencing shall be provided to minimize adverse effects and in accordance with the provisions of Article
XIV of this UDO.
7. A permit may be issued for a specified period. If the permit is for
a specified period of time, the County Council may renew the permit
upon expiration.
[Ord. No. 16-0100 §2, 1-4-2016]
A. Sawmills are conditional uses in the "RA-5" and "LR-2" residential
zone districts subject to the following conditions.
1.
Site plan. A site plan shall be required at
the time of submittal of the application for the conditional use.
The applicant or representative may produce the site plan. The site
plan shall contain the following information.
a.
Dimension of the area to be used for the operation.
b.
Property boundaries if different from the operating area.
c.
Location of the material storage.
d.
Location of any existing structures in the operating area.
e.
Location of any proposed structures.
f.
Distance to the property lines from the operation and all structures
to be used for the operation.
g.
All rights-of-way and easements on the property.
h.
Structures off site that are less than two hundred (200) feet
from the property line.
i.
Existing or proposed access to the operation.
2.
Lot. These facilities shall be located on parcels
a minimum of two (2) acres in size.
3.
Hours of operation. The facilities may operate
between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.
4.
Access.
a.
The State, County or road district that has jurisdiction shall
approve access.
b.
Lighting at the entrance shall be required.
c.
All access points shall be marked and signed to warn of the
truck traffic.
d.
Access through a private subdivision shall be avoided.
5.
Buffers.
a.
A minimum of a fifty (50) foot buffer shall be required on all
sides of the site where no residential structures are within two hundred
(200) feet of the site.
b.
When located next to existing residential structures that are
within two hundred (200) feet of the site, a one hundred (100) foot
buffer shall be required.
6.
Screening.
a.
Screening shall be required when a residential structure is
less than two hundred (200) feet from the site.
b.
Screening shall not be required when a residential structure
is more than two hundred (200) feet from the site.
c.
When required, screening may consist of a fifty (50) foot natural buffer or a fifteen (15) foot planted buffer per the buffering requirement of Article
XIV. A combination of natural and planted buffer may be approved by the Planning Division so long as the natural buffer is at least twenty-five (25) feet deep.
7.
Erosion and sediment controls. Site will be
reviewed by the Stormwater Division to determine if erosion and sediment
controls are needed.
B. When the site plan has been approved and all required conditions
have been met the operation may commence. All proposed structures
must acquire a building permit before work on the structure may commence.
[Zoning Order §9.300, 4-2-2008]
A. The
use shall be conducted entirely within a non-combustible building
or area surrounded on all sides by a fence, wall or approved alternative.
1. Any such fence or wall shall:
a. Have a height adequate to obscure all parts, supplies or other items
from normal view of the public.
b. Have a height of at least (8) feet.
c. Have a uniform height, texture, color and be generally consistent
with the character of the neighborhood.
d. Be maintained so as ensure the health, safety and welfare of the
public are preserved.
2. Existing site features, which provide complete visual screening,
may be approved as an alternative to constructing a new fence or wall.
3. Buildings shall be set back two hundred (200) feet from all property
lines.
B. Solid
waste, storage bins, trailers or other items shall not:
1. Exceed the height of the approved fence, wall or screening.
2. Be stored, loaded, unloaded or otherwise placed either temporarily
or permanently outside the enclosed building, fence, wall, approved
screening or within public rights-of-way.
C. Storage
bins and trailers shall:
2. Be of durable construction.
3. Comply with the same setbacks as the structures on the site.
D. Site Plan. A site plan shall be submitted that includes
detailed information on access, driveways, parking spaces for employees
and customers, storage areas and loading and unloading areas.
1. Parking areas must meet the County's design requirements for parking facilities as specified within Article
XII.
2. The site shall include an adequate off-street loading/unloading area.
3. Solid waste must be contained in an appropriately paved or gravel
area separate from required parking spaces.
4. No vehicles shall be parked in any landscape area on the property
or within the street right-of-way.
5. Driveways and roadway access shall be constructed and maintained in accordance with Article
XVI and as directed and approved by the County.
6. All roads, driveways, parking lots and loading/unloading areas within
five hundred (500) feet of any lot line shall be graded and paved
with an approved concrete or asphalt/concrete surface.
7. Entrances shall be provided on arterial or collector streets only
with ingress and egress so designed as to minimize traffic congestion.
8. Adequate space shall be provided on site to accommodate peak traffic
volume and company vehicles.
9. A traffic analysis shall be required.
E. The
site shall be maintained in a safe, sanitary, orderly condition which
does not constitute a public nuisance or adversely affect adjoining
properties.
1. Steps shall be taken to ensure rubbish and garbage are not carried
onto adjoining properties by the wind.
2. The site shall meet all applicable landscape requirements in accordance with Article
XIV of this UDO.
3. The site shall be attended on days of operation.
4. The use of loud speakers or other exterior amplification devices
shall be prohibited.
5. The use shall not be operated between sunset and sunrise.
F. A
storm water management plan shall be required at the discretion of
the County.
G. All
solid waste operations shall:
2. Have proper approvals from the Missouri Department of Natural Resources.
3. Meet all other applicable local, State and Federal requirements.
H. Signs shall comply with Article
XIII of this UDO, unless otherwise specified.
[Ord. No. 16-0100 §2, 1-4-2016]
I. The
initial conditional use permit for a solid waste transfer station
shall be effective for one (1) year.
1. The conditional use permit may then be considered for renewal after
one (1) year in accordance with the procedures for the original approval.
2. A new time limit shall be set for the conditional use permit if it
is renewed.
3. A conditional use permit may be revoked if the County determines
the use is not being operated in a safe, sanitary manner, is being
operated in a manner that constitutes a public nuisance or is failing
to comply with the required conditions of the conditional use permit.
[Zoning Order §9.310, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 15-0166 §2, 2-25-2015]
A. The purpose of these standards is to establish general guidelines
for the siting of communication towers and freestanding antenna mounts
and antennas for commercial wireless telecommunications in any zone
district.
1.
Goals.
a.
Encourage the location of towers, where necessary, in non-residential
areas.
b.
Encourage the joint use of new and existing communication tower
sites and other antenna mounts.
c.
Encourage users of communication towers, other antenna mounts
and antennas, to locate them, to the extent possible, in areas where
the adverse impact on the community is minimal.
d.
Encourage users of communication towers, other antenna mounts
and antennas, to configure them in a way that minimizes the adverse
visual impact of those structures.
e.
Enhance the ability of the County to ensure that wireless telecommunications
services are provided to the community quickly, effectively and efficiently.
2.
Applicability.
a.
Antenna and antenna mount. An antenna and antenna
mount, any portion of which is located within the County, shall be
subject to this Article, except as otherwise provided herein.
b.
Utility poles. The provisions of this Article
shall not apply to utility poles that are utilized for the support
of electrical, telephone, cable television or other similar cables
and wires, are located on public rights-of-way or easements for that
purpose and are a part of a system of these poles throughout the County.
c.
Amateur radio, receive-only antenna. The requirements
of this Section shall not govern any communication tower or the installation
of any antenna that is:
(1) Under seventy (70) feet in height;
(2) Owned and operated by a Federally-licensed amateur
radio station operator; or
(3) Used exclusively for receive-only antennas.
d.
Pre-existing communication tower, other antenna mount
and antenna. A pre-existing communication tower, other pre-existing
antenna mount and pre-existing antenna that has an existing conditional
permit shall not be required to meet the requirements of this Section,
except upon expiration of that permit.
e.
Principal or accessory use. An antenna, a communication
tower and antenna mount and equipment accessory to the same may be
considered either principal or accessory uses. A different existing
use or an existing structure on the same lot shall not preclude the
installation of an antenna, communication tower or other antenna mount
and equipment accessory to the same on that lot.
f.
Parcel boundaries. For purposes of determining
whether the installation of a communication tower or antenna complies
with district development regulations including, but not limited to,
setback requirements, lot coverage requirements and other such requirements,
the dimensions of the entire lot shall control, even though the antennas
or towers may be located on leased parcels within that lot.
g.
Non-conforming use. A tower or other antenna
mount that is constructed or installed in accordance with the provisions
of this Article, although additions to the property, shall not be
deemed to constitute the expansion of a non-conforming use or structure.
3.
Zoning requirements.
a.
Conditional use permit. A communication tower
shall be subject to a conditional use permit in accordance with the
following considerations:
(1) Height of the proposed tower;
(2) Maximum distance of the tower from residential
structures and residential district boundaries;
(3) Utilization of surrounding topography to minimize
visibility of the tower from existing and future residential areas
and public streets;
(4) Utilization of surrounding tree coverage and foliage
to minimize visibility of the tower from existing and future residential
areas and public streets;
(5) Proposed ingress and egress; and
(6) Compliance with other provisions of this Section.
b.
Accessory uses. Accessory uses shall include
only these structures and equipment as are necessary for transmission
and receiving functions and satellite ground stations associated with
them and shall not include broadcast studios, offices, vehicle storage
area or other similar uses.
c.
Administratively approved uses. The following
uses are specifically permitted without a conditional use permit,
subject to approval of the County:
(1) Installing an antenna on an existing structure,
other than a communication tower (such as a building, sign, light
pole, water tower or other freestanding non-residential structure),
provided that:
(a) Such structure is not designated as a historic
structure by the County Council;
(b) The antenna does not extend horizontally from the
side of the structure farther than the minimum necessary for attachment;
and
(c) Where the antenna extends horizontally from the
side of a building, it is camouflaged by the use of materials, colors,
textures or screening that will visually blend the antenna into the
building.
(2) Installing an antenna on any existing communication
tower of any height, including the placement of additional structures
or other supporting equipment used in connection with the antenna.
4.
Location and siting criteria.
a.
Setbacks.
(1) Communication tower. A communication
tower shall be set back from any property line a distance equal to
the tower height less the maximum structure height for the zone district.
This provision shall apply to the property lines of a lot, not to
the boundaries of a leased area within the lot.
(2) Communication tower supports. Guy
anchors shall be at least ten (10) feet from any property line.
b.
Distance from residential. A communication
tower shall be located a distance equal to the tower height from:
(1) Any existing residential dwelling that is not on
the same lot with the tower; and
(2) Any property zoned for residential use.
c.
Separation from other uses on subject property. Residential uses, commercial or industrial uses open to the general
public, public and institutional uses utilized by the general public
and parking lots open to the general public shall not be located within
a distance of a communication tower equal to half the height of the
tower.
d.
Exceptions. The County Council may reduce the
requirements of this Section if the goals of this Section would be
better served thereby.
5.
Design criteria.
a.
Capacity of communication towers. All communication
towers over fifty (50) feet in height shall be designed to accommodate
antennas for more than one (1) user.
b.
Lighting. A communication tower or other antenna
mount shall not be artificially lighted unless such lighting is required
by the FAA or other applicable authority. If lighting is required,
the County Council may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding views. Security lighting around the base of a communication
tower or other antenna mount may be installed, if the lighting is
shielded so that no light is directed toward adjacent properties or
rights-of-way.
c.
Accessory structure characteristics. Accessory
structures shall be in compliance with the requirements of this Article.
6.
Landscaping and security.
a.
Screening and buffering.
(1) A communication tower facility shall be landscaped
with a buffer of plant materials that effectively screens the view
of the communication tower base and accessory structures from adjacent
property that is residentially zoned or is a residential use. This
may be waived where natural growth and land forms provide an equivalent
buffer.
(2) Existing mature tree growth and natural land forms
on the site shall be preserved to the maximum extent possible.
b.
Fencing. A communication tower shall be:
(1) Enclosed by fencing not less than six (6) feet
in height and equipped with an appropriate anti-climbing device, or
(2) The County Council may waive these requirements
where it finds that other security measures are adequate.
c.
View of accessory equipment. Mobile or immobile
equipment, not used in direct support of a wireless telecommunication
facility shall not be stored or parked on the site of the facility,
unless repairs to the facility are being made.
7.
Other governmental requirements.
a.
Federal requirements.
(1) All wireless telecommunication facilities must
meet or exceed current standards and regulations of the Federal Aviation
Administration, the Federal Communications Commission and any other
agency of the Federal Government with the authority to regulate towers
and antennas.
(2) If these Federal standards and regulations are
changed, then the owner(s) of the wireless telecommunication facility
governed by this Article shall bring the facility into compliance
with the revised standards and regulations within six (6) months of
the effective date of the standards and regulations, unless a more
stringent compliance schedule is mandated by the controlling Federal
agency.
(3) Failure to bring a wireless telecommunication facility
into compliance with these revised standards and regulations shall
constitute grounds for the removal of the facility at the owner's
expense. Any removal by the governing authority shall be in the manner
provided in this Section.
b.
Building codes and safety standards.
(1) To ensure the structural integrity of communication
towers, the owner of a tower shall ensure that it is maintained in
compliance with standards contained in the Building Code and the applicable
standards for towers that are published by the Electronic Industries
Association, as amended from time to time.
(2) If, upon inspection, the County concludes that a tower fails to comply with these codes and standards, it shall be considered a dangerous building pursuant to Section
500.320 of the Jefferson County Building Code.
8.
Replacement of an existing communication tower. An existing communication tower may be replaced or expanded with
a new tower or extension during the effective period of an existing
conditional use permit for the existing tower. In addition, an existing
communication tower without a conditional use permit may be replaced
with a new tower or extension upon issuance of a conditional use permit.
The replacement or extension shall be subject to approval of the County
in accordance with the following:
a.
Height. Height of the new or expanded tower
shall not exceed that of the tower originally approved for and constructed
on the site by more than ten (10) feet or ten percent (10%) of the
height of the existing tower, whichever is less.
b.
Setbacks. The new or expanded tower shall comply
with setback requirements and shall be within a distance of the existing
tower location not exceeding half the height of the existing tower.
c.
Accessory structures. Any changes to the appearance
of existing accessory structures shall be subject to the Director's
approval, to ensure that the current standards of the UDO are met.
9.
Required submittals.
a.
The applicant for an antenna mount shall submit a development
plan and antenna mount elevations drawn to scale and a written report,
with sufficient detail in each to show compliance with all provisions
of this Section.
b.
Where required by the Director as essential to the evaluation
of a proposed location, the proposed mounting of an antenna shall
be shown by an accurately scaled photo simulation from not less than
three (3) viewpoints approved by the Director.
[Zoning Order §9.320, 4-2-2008]
A. A
central loudspeaker shall not be used at a drive-in theatre.
B. A
screen tower shall not be placed so that a projection on the screen
is visible from a County or State-maintained road.
C. Lighting
shall be directed off the neighboring properties.
[Zoning Order §9.330, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. A
recreational vehicle park is a conditional use in the "RA-5" and "LR-2"
zone districts and shall meet the following restrictions and conditions:
1. Site criteria. The site selected for a recreational
vehicle park area shall be well drained and primarily designed to
provide space for short-term occupancy to the traveling public. Location
of the site may not necessarily front on a County classified principal
street, but it shall be directly accessible to the principal street
by means of a private road or public road on which it has frontage.
2. Site size and ownership. The minimum tract size
shall be five (5) acres and must be in one (1) ownership.
3. Density. The maximum number of recreational vehicle
spaces allowed within the recreational vehicle park shall not be more
than twenty (20) per acre.
4. Space design. Minimum width of a trailer space shall
be twenty-five (25) feet and it shall be so designed to provide space
for parking both the trailer and towing vehicle off the roadway. No
trailer unit shall be closer than twelve (12) feet to any other adjacent
unit, structure or roadway and all spaces shall have direct access
to the roadway. No unit shall be placed closer than thirty (30) feet
to any of the property lines and this area shall be permanently maintained
as a landscaped area.
5. Common open space. The minimum open area required
for a common use of the recreational vehicle park shall not be less
than twenty percent (20%) of the gross area of the recreational vehicle
park. Common open space shall be calculated as any open unoccupied
area remaining after the dwelling spaces, buildings, roadways or streets,
parking areas and the thirty (30) foot permanent perimeter areas have
been deducted. This open space shall be landscaped or otherwise designed
and made available for recreational use.
6. Parking areas. All parking areas and roadways shall be constructed and paved with a hard surface bituminous or concrete material meeting the driveway paving standards in Article
VII and Article
XII of this UDO.
7. Lighting. The park shall be provided with general
outdoor lighting of entrance, restrooms and service buildings with
a minimum of three-tenths (0.3) foot-candles of general illumination.
8. Groundskeeping. All areas not used for roadways,
parking or occupied by structures shall be maintained with ground
cover.
9. Central office. A central office with an attendant
shall be provided within the recreational vehicle park.
[Zoning Order §9.340, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
A. Defined.
1. An "underground space" is space located entirely
beneath the ground surface, except for entrances or portals, ventilation
shafts and equipment and surface utility easements.
2. A conditional use permit for an underground space shall provide regulation
of surface and underground (subterranean) uses that share the same
vertical plane, but may be used differently than the ground surface.
B. Uses. Underground space and storage require conditional
use permits and must be approved by the County Council.
C. The
uses permitted on the surface above any underground space shall not
be affected by the uses approved for the underground space.
D. Access
to the underground uses shall be by rights-of-way through non-residentially
zoned lands.
E. Underground
or bulk storage of chemicals outdoors is prohibited, except for incidental
storage in connection with testing services.
F. Underground
space shall be developed in accordance with the provisions of Section
405 of the 2003 International Building Code or most recent version.
In addition to information required of all development plans related
to above and below ground conditions and improvements, plans for underground
space shall contain the following elements:
1. Limits of the underground space;
2. Locations, size, pattern and spacing of pillars;
3. Location of existing and proposed portal entrances with a horizontal
accuracy of plus or minus one (±1) foot;
4. Areas of other mines directly adjacent (within one hundred (100)
yards);
5. Location of ventilation equipment and utility installations, which
shall be screened from surrounding uses located within three hundred
(300) feet away or contained in a structure that is architecturally
compatible with surrounding development; and
6. Location of all entrances, loading areas, portals and other exits, which shall be buffered with landscape materials in conjunction with earthen berms, following the applicable requirements found in Article
XIV.
[Ord. No. 16-0100 §2, 1-4-2016]
A. Site development plan approval is required prior to any construction
or non-crop grading activities. All utility easements shall appear
on the site development plan.
B. Access to the property shall be directly from State or County streets
and traffic generation and other effects will be handled so as not
to adversely affect adjacent property.
C. Sufficient parking and circulation facilities shall be provided per requirements of Article
XII and Article
XVI. A parking plan shall be submitted per Section
400.4040.
D. Parking areas shall be screened from adjacent properties by vegetative
screening a minimum of fifty (50) feet in width.
E. Landscaping, berming or fencing shall be provided as required to minimize adverse effects and in accordance with the provisions of Article
XIV of this UDO.
F. All structures and parking areas shall be set back at least one hundred
(100) feet from all property lines and all driveways shall be set
back at least fifty (50) feet from all property lines.
G. A sound amplification system or any other noise caused by the winery,
food consumption or reception operations shall not exceed sixty-five
(65) decibels as measured at the property line.
H. Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Sunday
through Thursday and 8:00 a.m. to 10:00 p.m., Friday and Saturday.
I. Outdoor lighting shall be designed so that light sources are not
visible from adjacent property.
J. Signage shall follow the requirements of Article
XIII.
K. Alcohol consumption on the premises is allowed, however, all State,
County and local licensing requirements shall be met.
L. Restaurant facilities or food service shall be optional and any such
facilities or service shall require the approval of the Jefferson
County Health Department. No cooking or food preparation will be allowed
in guest rooms.
M. The winery shall comply with all requirements of the Code Enforcement
Division, the local fire district, the Health Department and other
public agencies exercising jurisdiction over the operation.
N. The Fire Department, the Health Department and other County departments
shall be permitted to perform inspections as in any other business.
O. No sales shall occur along a County or State-maintained street and
no merchandise shall be located within a street right-of-way.