[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(4000), 11-13-1989]
The regulations hereinafter set forth supplement the district
regulations for each district in this Chapter.
[1]
Editor's Note: Former Section 405.140, Permit Required For
Removal of Trees, was repealed 1-14-2019 by Ord. No. 4317.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(4300), 11-13-1989; Ord. No. 2843 §1, 8-13-2003; Ord. No. 2856 §1, 10-15-2003]
A.
Purpose.
The fence regulations set forth supplement the district regulations
for each district in this Chapter.
B.
COURTYARD WALL
FENCE
FENCE OPEN AREA
INSUBSTANTIAL FENCES
WILDLIFE PROTECTION FENCES
Definitions.
For the purposes of this Article the following terms shall be deemed
to have the meaning indicated below:
Enclosure wall which is architecturally integrated into,
connected at both ends to an existing structural wall of, and located
within the general exterior circumference of, the main building on
a lot.
[Ord. No. 4390, 10-26-2020]
A structure, partition or wall erected for the purpose of
enclosing or separating land or for the purpose of providing shade
or privacy screening. Shrubs, hedges, trees and other plant material
shall not be considered a fence.
[1]Determined by viewing the fence at a ninety-degree angle
with the percentage of the open area consistently appearing throughout
the entire length of the fence.
[Ord. No. 4390, 10-26-2020]
Fences made with materials that are flimsy, unstable, fragile,
weak or that are readily susceptible to deterioration, including but
not limited to chicken wire, untreated and non-exterior wood products,
unstable plastics and similar materials.
[Ord. No. 4390, 10-26-2020]
Fences constructed of stable metal wire or plastic installed
for the purpose of protecting gardens and landscaping from animals
such as rabbits and deer.
[Ord. No. 4390, 10-26-2020]
[1]
Editor's Note: The former definitions of "gate" and "stockade
fence," which immediately followed this definition, were repealed
by Ord. No. 4390, 10-26-2020.
C.
Permit
Required. No person shall erect or maintain within the City any fence
without first having obtained a permit from the City.
D.
Prohibited
Fences. The following fences are prohibited:
[Ord. No. 4390, 10-26-2020]
1.
Insubstantial fences.
2.
Barbed-wire fences and/or fences having sharp and unsafe features.
3.
Fences constructed with metal panels.
4.
Chain-link fences (Residential Districts).
a.
Exception. Chain-link fence is permissible for enclosing of the
following permitted non-residential uses: outdoor storage, utilities.
mechanical equipment and public safety areas if the location is not
visible from public-right-of-way or adjacent residentially zoned property.
5.
Fences exceeding a height of six (6) feet except as otherwise provided
in this Chapter.
6.
Fences erected in a required front yard except as otherwise provided
in this Chapter.
7.
Temporary fences are prohibited except where required by code for
construction, excavation or life safety issues or otherwise provided
in this Chapter.
8.
Solid fences constructed with simulated wood, including vinyl, vinyl
covered and synthetic wood composite or equivalent in the color white
or other light-toned color.
E.
Permitted
Fences In All Residential And Major Educational Districts. The following
fences are permitted in all residential and major educational districts:
[Ord. No. 4390, 10-26-2020]
1.
Fences with at least thirty percent (30%) open area consistently
appearing throughout the entire area of the fence. No such fence shall
be permitted in a required front yard.
 |
2.
Solid fences, and all fences with less than thirty percent (30%)
open area, provided they are no longer than ten (10) feet in length,
linear with no perpendicular segments, and within thirty (30) feet
of the main structure. Such fences may be erected in required rear
or side yards, provided they are at least ten (10) feet from any lot
line. No such fence shall be permitted in a required front yard.
 |
3.
Ten percent (10%) of a lot may be enclosed with a solid fence,
or a fence with less than thirty percent (30%) open area, in a required
rear or side yard, provided the fence is at least ten (10) feet from
any lot line and is landscaped with evergreen material approved by
the City Administrator or their designee as sufficient to screen the
fence from adjoining residential uses. No such fence shall be permitted
in a required front yard.
 |
4.
Fences which contain fifty percent (50%) or more open area and
do not exceed four (4) feet in height shall be permitted:
a.
Within the front yard of a lot along major streets as listed
in Appendix 1 of this Chapter; or
b.
Within the front yard of a lot which is located in the Estate
zoning district, but which is not located in a subdivision, provided
there exists at least one hundred (100) feet between the principal
structure located on the lot and the building line.
 |
5.
Courtyard walls shall not be deemed fences for the purposes
of these regulations.
6.
A private outdoor swimming pool shall be provided with a fence
surrounding the pool area that is constructed and maintained in compliance
with the current, adopted Town and Country Building Code.
7.
Wildlife Protection Fences.
a.
A maximum height of six (6) feet in rear yard and three (3)
feet in front yard. A maximum of six-foot-high fencing shall only
be permitted in front yard if directly surrounding the trunk of a
tree and less than three (3) feet from this same tree.
b.
Shall be installed a minimum of ten (10) feet from any lot line.
F.
Permitted
Fences In Non-Residential/Planned Development Zoning Districts. The
following fences are permitted in the hospital, campus office, office,
planned office park and commercial zoning districts:
[Ord. No. 4390, 10-26-2020]
1.
Fences with at least thirty percent (30%) open area consistently
appearing throughout the entire area of the fences.
2.
Solid fences to screen and/or enclose trash-disposal areas,
loading docks, mechanical equipment, and similar uses and structures.
Solid fences are permitted on property lines that are adjacent to
residential zoning districts.
3.
In major shopping centers, security fences no taller than eight
(8) feet, which otherwise meet the requirements of this Section.
G.
Non-Conforming Fences. Any fence that exists at the time of the adoption
of this Section or amendments thereto and is not in compliance with
one (1) or more of the applicable requirements shall be considered
non-conforming. Non-conforming fences shall not be changed, altered,
expanded, or extended. The maintenance of a nonconforming fence as
stated in Section 405.105(I) is permitted.
[Ord. No. 4390, 10-26-2020]
H.
Materials. The design, color and material of the fence shall be complementary
or shall match the principal structure on the property. The following
materials are permitted:
[Ord. No. 4390, 10-26-2020]
I.
Maintenance Required. A fence or fences shall be maintained by the
property owner in compliance with the following maintenance standards:
[Ord. No. 4390, 10-26-2020]
1.
A fence shall not lean more than fifteen degrees (15°) out
of vertical alignment.
2.
Any broken, damaged, removed or missing parts of a fence shall
be replaced with the same material, or material with comparable composition,
color, size, shape and quality of the original fence to which the
repair is being made. No permit is required for repairs as defined
in this Chapter.
3.
A fence shall be maintained in sound structural condition as
a whole or be completely removed, including post(s).
4.
Fences shall be maintained, including those existing prior to
the adoption of this Article, at all times in a state of good repair,
safe and secure condition, with all braces, bolts, nails, supporting
frame, fastenings and other components free from deterioration, termite
infestation, rot, rust damage or loosening, and able to withstand
at all times the wind pressure for which they were designed.
5.
Fences that are painted or stained shall be regularly painted
or stained to prevent rusting, peeling or blistering surfaces. The
painted or stained fence shall be of comparable color in its entirety.
6.
If it is determined by the City Administrator or their designee
that the extent of repair on any existing non-compliant fence is in
excess of fifty percent (50%) of the total fence, then the entire
fence must be replaced with a compliant fence. A rolling six-month
time period shall be used to determine if over fifty percent (50%)
of a fence has been repaired.
[Ord. No. 4481, 1-10-2022]
A.
Purpose.
The purpose of this Section is to set standards for the placement
of portable storage units and dumpsters, not pertaining to situations
that require a building permit, in the residential zoning districts
of the City of Town and Country in order to promote safety, security
and to protect against potential nuisances.
B.
DUMPSTER
HAZARDOUS MATERIAL
PORTABLE STORAGE UNIT
Definitions.
For the purposes of this Section the following terms shall be deemed
to have the meaning indicated below:
A container used for the temporary storage of rubbish, pending
collection, having a capacity of at least two (2) cubic yards. The
dumpster shall be constructed of permanent, rigid materials such as
metal, wood, or plastic.
Any waste or combination of wastes, as determined by the
Hazardous Waste Management Commission of the State of Missouri by
rules and regulations, which, because of its quantity, concentration,
or physical, chemical or infectious characteristics, may cause or
significantly contribute to an increase in mortality or an increase
in serious irreversible, or incapacitating reversible, illness, or
pose a present or potential threat to the health of humans or the
environment.
A container, without wheels, designed, constructed and commonly
used for non-permanent placement on property for the purpose of temporary
storage of personal property. The portable storage unit shall be fully
enclosed, securable, and constructed of permanent, rigid materials
such as metal, wood, or plastic.
C.
Placement.
A portable storage unit or dumpster shall:
D.
Timing.
A portable storage unit or dumpster shall not be located upon any
lot or property for more than fourteen (14) consecutive days or on
more than three (3) occasions in any twelve (12) month period, unless
in conjunction with a valid building permit.
E.
Number.
No more than two (2) portable storage unit or dumpsters shall be located
on any property at any time.
F.
Maximum
Size. The largest maximum size for a portable storage unit or dumpster
shall be: forty (40) cubic yards or generally twenty-two (22) feet
in length, eight (8) feet in width and eight (8) feet in height.
G.
Security.
Portable storage units shall be locked and secured by the property
owner or tenant at all times when loading and unloading is not taking
place.
H.
Hazardous
Material. The storage or placement of hazardous material in a portable
storage unit or dumpster is prohibited.
I.
Material
Storage On Public Streets. The temporary storage of building materials,
landscape materials or personal property shall not be permitted on
public streets for any duration of time, unless in association with
an approved building permit that specifically allows such temporary
storage.
J.
Exemption.
This Section shall not apply to the use or placement of portable storage
units, dumpsters, trailers and equipment on property in association
with ongoing construction activities carried out pursuant to a valid
building permit, properties in non-residential zoning districts, or
non-residential uses in residential zoning districts.
[Ord. No. 3291 §1, 10-23-2007]
A.
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
Definitions. As used in this Section, the following terms
shall have the following meanings unless otherwise defined by context:
The City's Planning Director or such other person designated
to administer and enforce this Section.
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.
A permit granted by the City for placement of facilities
on private property.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
Providing or delivering an economic good or an article of
commerce including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B.
Facilities Permits.
1.
Any person desiring to place facilities on private property must
first apply for and obtain a facilities permit in addition to any
other permit, license, easement, franchise or authorization required
by law. The Director may design and make available standard forms
for such applications, requiring such information as allowed by law
and as the Director determines in his or her discretion to be necessary
and consistent with the provisions of this Section and to accomplish
the purposes of this Section. Each application shall at minimum contain
the following information, unless otherwise waived by the Director:
a.
The name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day, seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such
plans or technical drawings or depictions showing the nature, dimensions
and description of the facilities, their location and their proximity
to other facilities that may be affected by their installation.
2.
Each such application shall be accompanied by an application fee
approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
The Director shall promptly review each application and shall grant
or deny the application within thirty-one (31) days. Unless the application
is denied pursuant to Subparagraph (d) hereof, the Director shall
issue a facilities permit upon determining that the applicant:
(1)
Has submitted all necessary information,
(2)
Has paid the appropriate fees, and
(3)
Is in full compliance with this Section and all other City ordinances.
The Director may establish procedures for bulk processing of applications
and periodic payment of fees to avoid excessive processing and accounting
costs.
b.
It is the intention of the City that proposed facilities will not
impair public safety, harm property values or significant sight lines
or degrade the aesthetics of the adjoining properties or neighborhood
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes,
the Director may impose conditions on facilities permits, including
alternative landscaping, designs or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality and are competitively neutral and non-discriminatory.
c.
An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
d.
The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Section
or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity
as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6)
For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.
4.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Section.
Prior to revocation the Director shall provide written notice to the
responsible person identifying any substantial breach and allowing
a reasonable period of time not longer than thirty (30) days to cure
the problem, which cure period may be immediate if certain activities
must be stopped to protect the public safety. The cure period shall
be extended by the Director on good cause shown. A substantial breach
includes, but is not limited to, the following:
(1)
A material violation of the facilities permit or this Section;
(2)
An evasion or attempt to evade any material provision of the
permit or this Section or the perpetration or attempt to perpetrate
any fraud or deceit upon the City or its residents;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5)
A failure to correct, upon reasonable notice and opportunity
to cure as specified by the Director, work that does not conform to
applicable national safety ordinances, industry construction standards
or the City's pertinent and applicable ordinances including, but not
limited to, this Section, provided that City standards are no more
stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall
also be deemed a violation of this Section and in lieu of revocation
the Director may initiate prosecution of the applicant or the facilities
owner for such violation.
5.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may
appeal in writing to the City Administrator within five business (5)
days thereof. The appeal shall assert specific grounds for review
and the City Administrator shall render a decision on the appeal within
fifteen (15) business days of its receipt affirming, reversing or
modifying the determination of the Director. The City Administrator
may extend this time period for the purpose of any investigation or
hearing deemed necessary. A decision affirming the Director's determination
shall be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the City Administrator may file a petition for review pursuant to
Chapter 536, RSMo., as amended, in the Circuit Court of the County
of St. Louis. Such petition shall be filed within thirty (30) days
after the City Administrator's final determination.
b.
On agreement of the parties and in addition to any other remedies,
any final decision of the City Administrator may be submitted to mediation
or binding arbitration.
(1)
In the event of mediation, the City Administrator and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties and each party shall pay its own costs,
disbursements and attorney fees.
(2)
In the event of arbitration, the City Administrator and the
applicant shall agree to a single arbitrator. The costs and fees of
the arbitrator shall be borne equally by the parties. If the parties
cannot agree on an arbitrator, the matter shall be resolved by a three
(3) person arbitration panel consisting of one (1) arbitrator selected
by the City Administrator, one (1) arbitrator selected by the applicant
or facilities owner and one (1) person selected by the other two (2)
arbitrators, in which case each party shall bear the expense of its
own arbitrator and shall jointly and equally bear with the other party
the expense of the third (3rd) arbitrator and of the arbitration.
Each party shall also pay its own costs, disbursements and attorney
fees.
6.
Nothing herein shall relieve any applicant of the obligation to obtain
a conditional use or other applicable permit for the placement of
facilities when also required by the Municipal Code.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance
of facilities:
a.
Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible
as determined by the City and when in the City's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere or be likely to interfere with any public facilities
or use of public property.
b.
Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are rear yards and on a corner lot behind the
applicable setbacks, unless some other location is available. Placements
within side yards not bordered by a street or within front yards are
discouraged.
c.
Facilities shall be a neutral color and shall not be bright, reflective
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. Sight proof screening, landscape
or otherwise, may be required for facilities taller than three (3)
feet in height or covering in excess of four (4) square feet in size.
Such screening shall be sufficient to reasonably conceal the facility.
A landscape plan identifying the size and species of landscaping materials
shall be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repair or replacement of
screening materials. Alternative concealment may be approved by the
Director to the extent it meets or exceeds the purposes of these requirements.
d.
Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f.
If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2.
Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice to all property owners
within one hundred eighty-five (185) feet of the site at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities. Notice shall include a reasonably detailed description
of work to be done, the location of work and the time and duration
of the work.
4.
At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
5.
If a person installs facilities without having complied with the
requirements of this Section or abandons the facilities, said person
shall remove the facilities and if the person fails to remove the
facilities within a reasonable period of time, the City may, to the
extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, building codes, zoning requirements and the Rights-Of-Way
Usage Code in addition to the regulations provided herein.
[Ord. No. 4147, 12-11-2017; Ord. No. 4422, 2-8-2021]
A.
Purpose. The purpose of this Section is to set standards for exterior
lighting in the City of Town and Country in order to promote safety,
security and to protect against potential nuisances.
B.
FIXTURE
FOOTCANDLE
FULLY SHIELDED
LAMP
LANDSCAPE LIGHTING
LUMEN
LUMINAIRE
MAJOR SHOPPING CENTER
NUISANCE LIGHTING
PARKING LOT
SECURITY LIGHTING
STREET
Definitions. As used in this Section, the following terms shall have
the following meanings unless otherwise defined by context:
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole assembly, a lamp holder, a ballast, a reflector or mirror
and/or a refractor or lens.
A unit of illuminance on a surface that is everywhere one
(1) foot from a uniform point source of light of one (1) candle and
equal to one (1) lumen per square foot.
Outdoor light fixtures shielded or constructed so that no
light rays are emitted above the horizontal plane.
The component of luminaire that produces the actual light,
commonly known as the "bulb" or "light bulb."
Landscape lighting means lighting of trees, shrubs, or other
plant material, as well as water features, sculptural objects and
flags.
A unit of luminous flux. One (1) footcandle equals one (1)
lumen per square foot.
A complete lighting system and includes a lamp or lamps and
a fixture.
A shopping center containing a floor area of at least four
hundred thousand (400,000) square feet on a site of at least sixty-five
(65) acres and providing shared off-street parking for commercial
establishment and restaurants on the site.
Lighting which changes in intensity such as blinking or flashing
lights, glares, and casts light in excess of one (1) footcandle onto
adjacent property or a public street.
A paved area open to the sky for the parking of motor vehicles.
Lighting intended to illuminate a property or grounds for
the purpose of visual security.
All surfaces used for vehicular traffic, including public
or private right-of-ways which afford the principal means of access
by vehicles to abutting properties, and excluding parking lot entrance
drives and circulating drives in non-residential developments and
private driveways in residential developments. The word "street" shall
be construed to include major streets, minor streets, local streets,
roads, avenues, boulevards, alleys, lanes, viaducts and all other
public ways in the City.
C.
Existing Lighting. When fifty percent (50%) or more of existing outdoor
light fixtures are being replaced or modified within a two-year time
period, then all lighting shall be made to conform to the provisions
of this Section.
D.
Single-Family
Residential Uses And Their Accessory Structures.
1.
General Requirements. All lighting shall comply with the following
standards:
a.
Luminaire Orientation. In no instance shall an exterior luminaire
be oriented so that the luminaire is directed to an adjacent property
located within a residential zoning district.
b.
Intensity Of Illumination. In no instance shall the amount of illumination
attributable to exterior lighting of a single-family use and their
accessory structures, as measured at the property line, exceed 0.50
foot-candles. Lighting for the purpose of illuminating a driveway
entrance or building entrance shall be exempt from this provision.
c.
Mounting Height. No luminaire shall be installed on a pole, building,
other structure, or plant at a height above fifteen (15) feet from
the ground adjacent to the luminaire. Luminaires located on the primary
structure, fully shielded, and directed towards the front elevation
of the structure (eave lights) shall be exempt from this provision.
d.
Compliance Required. All luminaires legally existing prior to the
adoption date of this Section, shall be considered as legal non-conforming
uses.
2.
Permitted Lighting Types.
a.
Architectural Lighting. The lighting of the primary structure for
architectural, aesthetic, or decorative purposes is subject to the
following restrictions:
b.
Entrance Lighting. Luminaires placed at pedestrian and vehicular
entrances of a primary structure and/or conforming accessory structures.
(1)
Luminaires with an output greater than eight hundred (800) lumens
shall be fully shielded.
e.
Patio or Deck Lighting. Luminaires placed adjacent to patios and
decks for the purpose of lighting a patio or deck are subject to the
following restrictions:
E.
Outdoor Athletic Facility. High-intensity or special purpose lighting of outdoor athletic facilities shall require a conditional use permit as governed by Article VI, Conditional Uses. Conditions related to the following may be imposed by the Board of Aldermen:
F.
Lighting Plans. Two (2) copies of the lighting plan shall be submitted
to the City. If the lighting plan is submitted with other improvements
plans, it shall be on a separate sheet. It shall be drawn on a sheet
not to exceed twenty-four (24) inches by thirty-six (36) inches.
1.
Plan Review. All lighting plans shall be reviewed and approved
by the Director or his or her designee.
2.
Fee. There shall be a fee of one hundred dollars ($100.00) payable
when a lighting plan is submitted to the City of Town and Country.
This fee shall be waived when a lighting plan is submitted in conjunction
with a request for a building or land subdivision permit.
3.
Required Information. The following shall be submitted as part
of the lighting plan:
a.
Manufacturer's catalog of the light sources and the light standards
with specifications data.
b.
Photometric curves indicating both vertical and horizontal candlepower
distribution.
c.
A plan of a portion of roadway on ten-foot grids between a minimum
of two (2) light sources with calculated initial footcandle levels
at the center of each ten-foot grid. Calculations for intersections,
circular turnarounds and parking areas shall be submitted if requested.
G.
General Standards. Exterior lighting shall be designed, installed
and operated so as to perform its desired and approved function but
without nuisance.
1.
Illumination Levels.
a.
Footcandle. Exterior lighting shall conform to the following
schedule:
|
Footcandles at Grade Level
| |
|---|---|
|
Maximum initial level at property lines adjacent to Commercial
or other Non-Residential Districts
|
0.5 fc
|
|
Maximum initial level at property lines adjacent to Residential
or Park Districts
|
0.1 fc
|
|
Maximum initial level 5 feet from base of Light Standard
|
8.0 fc
|
|
Maximum initial level - under canopies
|
22.0 fc
|
2.
Equipment.
a.
Light Source. The following standards shall apply to all exterior
lighting:
(1)
Parking lot lighting shall be fully shielded.
(2)
Light fixtures mounted on canopies shall be recessed
so that the lens cover is recessed or flush with the bottom surface
of the canopy and/or fully shielded.
(3)
Wall-mounted lights shall be fully-shielded and
only direct light downward.
(4)
Architectural, landscape, and decorative lighting
shall shine directly onto the intended surface.
b.
Height. Mounting of lighting fixtures shall not exceed a height,
measured from the bottom of the base at grade to the top of the fixture,
greater than the following:
|
i.
|
Major Shopping Center Parking Lot:
|
30 feet
|
|
ii.
|
All other Parking Lots:
|
20 feet
|
|
16 feet (within 50 feet of residential or park district property
line)
| ||
|
iii.
|
Outdoor Athletic Facility
|
Per a Conditional Use Permit
|
c.
Location. Light standards shall not be located within three
(3) feet of the street pavement or twenty (20) feet of a residential
or park district property line.
d.
Lighting Controls. Exterior lighting shall be equipped with
lighting controls that extinguish all outdoor lighting when sufficient
daylight is available. Automatic controls shall not be required for
tunnels, parking garages, garage entrances and similar conditions.
3.
Time Of Operation.
4.
Maintenance.
a.
Responsibility. Any property owner installing a lighting system
shall be responsible for maintaining such system or must provide an
alternate method such as a maintenance agreement or a trust indenture
which sets forth the agency responsible for maintaining the lighting
systems.
b.
Approval. Approval of any lighting plan is subject to the City
of Town and Country approving the maintenance plan.
H.
Prohibitions. The following types of exterior lighting are prohibited
within the City of Town and Country.
1.
Laser Source Light. The use of laser source light or any similar
high intensity light for outdoor advertising or entertainment, when
projected above the horizontal, is prohibited.
2.
Searchlights. The operation of searchlights, such as xenon and
carbon-arc, for advertising purposes is prohibited.
3.
Flickering or flashing lights, except for decorative seasonal
lighting purposes.
4.
Message Lighting. The use of lighting, when not part of an approved
sign, to convey a message or logo is prohibited.
I.
Exemptions.
1.
Lighting required by the FAA for air traffic control and warning
purposes.
2.
Lighting for public monuments, statuary, flags and landmark
sites.
3.
Lighting in the public or private right-of-way installed by
a governmental agency for traffic control.
4.
Street lighting, approved by the applicable government authority.
5.
Lighting installed by a governmental agency for the health,
safety and welfare of the public.
7.
Temporary lighting as part of an approved temporary use permit.
8.
Temporary lighting for emergency repair.
9.
Decorative seasonal lights.
