[R.O. 2006 §405.120; Ord. No. 503A, 7-17-2000]
Zoning District
|
"R-1"
|
"R-2"
|
"R-3"
|
"C-1"
|
"C-2"
|
"C-3"
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"I-1/I-2"
|
---|
Applicable Section
|
405.100
|
405.105
|
405.110
|
405.115
|
405.120
|
405.125
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405.130
405.135
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Height Limitation
|
Maximum Height (feet)
|
35
|
35
|
45
|
50
|
20
|
50
|
35
|
Stories
|
2½
|
2½
|
3
|
4
|
1
|
4
|
2½
|
Minimum Yard Setback Requirements (feet)
|
Front
|
30
|
30
|
30
|
na
|
30
|
30
|
30/30
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Side
|
8
|
8
|
8/20
|
na
|
10/20
|
10/25
|
10/35,60
|
Rear
|
30
|
30
|
30
|
na
|
15/25
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15/30
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15/35,60
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Minimum Lot Area (Residential) Per Unit
|
Single-Family
|
10,000 sf
|
8,000 sf
|
8,000 sf
|
8,000 sf
|
na
|
na
|
na
|
Two-Family
|
na
|
5,000 sf
|
5,000 sf
|
5,000 sf
|
na
|
na
|
na
|
Multiple-Family
|
na
|
na
|
2,000 sf
|
2,000 sf
|
na
|
na
|
na
|
Minimum Residential Lot Width (feet)
|
Single-Family
|
80
|
70
|
70
|
70
|
na
|
na
|
na
|
Two-Family
|
na
|
80
|
80
|
80
|
na
|
na
|
na
|
Multi-Family
|
na
|
na
|
75
|
75
|
na
|
na
|
na
|
[R.O. 2006 §405.125; Ord. No. 503A, 7-17-2000; Ord. No. 959, 8-16-2004]
A. The
district regulations hereinafter set forth in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Chapter.
B. Public,
semi-public or public service buildings, hospitals, institutions or
schools, when permitted in a district, may be erected to a height
not exceeding sixty (60) feet if the building is set back from each
yard line at least one (1) foot for each two (2) feet of additional
building height above the height limit otherwise provided in the district
in which the building is located.
C. Chimneys,
church steeples, cooling towers, elevator bulkheads, fire towers,
monuments, stacks, stage towers, or scenery lofts, tanks, water towers,
ornamental towers, spires, grain elevators, or necessary mechanical
appurtenances are exempt from the height regulations as contained
herein.
D. Telecommunication
and communication towers shall not exceed a height of one hundred
fifty (150) feet.
E. Every
part of a required yard shall be open to the sky, unobstructed by
any structure, except for the projection of signs, belt courses, cornices
and ornaments and features which are not to exceed twelve (12) inches.
F. No
basement or cellar shall be occupied for residential purposes until
the remainder of the building has been substantially completed.
G. Open-lattice
enclosed fire escapes, fireproof outside stairways, and balconies
opening upon fire towers, and the ordinary projections of chimneys
and flues into the rear yard may be permitted by the City Engineer
for a distance of not more than three and one-half (3½) feet
and where the same are so placed as not to obstruct light and ventilation.
H. An
open unenclosed porch or paved terrace may project into a front yard
for a distance not exceeding ten (10) feet. An unenclosed vestibule
containing not more than forty (40) square feet may project into a
front yard for a distance not to exceed four (4) feet.
I. Terraces,
uncovered porches, platforms and ornamental features which do not
extend more than three (3) feet above the floor level of the ground
story may project into a required yard, provided these projections
be distant at least two (2) feet from the adjacent side lot line.
J. For
the purpose of the side yard regulations, a two-family dwelling, or
multiple-family dwelling shall be considered as one (1) building occupying
one (1) lot.
K. Where
a lot or tract is used for a farming, commercial or industrial purpose,
more than one (1) main building may be located upon the lot or tract,
but only when such buildings conform to all open space requirements
around the lot for the district in which the lot or tract is located.
L. In
the event that a lot is to be occupied by a group of two (2) or more
related buildings to be used for multiple dwelling, institutional,
motel or hotel purposes, there may be more than one (1) main building
on the lot; provided however, that the open spaces between the buildings
that are parallel or within forty-five degrees (45°) of being
parallel shall have a minimum dimension of twenty (20) feet for one-story
buildings, thirty (30) feet for two-story buildings, and forty (40)
feet for three- or four-story buildings.
M. Where
an open space is more than fifty percent (50%) surrounded by a building,
the minimum width of the open space shall be at least twenty (20)
feet for one-story buildings, thirty (30) feet for two-story buildings,
and forty (40) feet for three- or four-story buildings.
N. No
side yards are required where dwelling units are erected above commercial
and industrial structures.
O. Where
lots have double frontage, the required front yard shall be provided
on both streets.
P. The
required side yard on the street side of a corner lot shall be the
same as the required front yard on such street, except that the building
width shall not be reduced to less than thirty-two (32) feet and no
accessory buildings shall project beyond the required front yard on
either street.
Q. Whenever
a lot at the effective date of this Chapter has a width of less than
sixty (60) feet, the side yards may be reduced to a width of not less
than ten percent (10%) of the width of the lot, but in no instance
shall it be less than five (5) feet.
R. The
front yards heretofore established shall be adjusted in the following
cases:
1. Where forty percent (40%) or more of the frontage on the same side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have (with a variation of five (5)
feet or less) a front yard greater in depth than herein required,
new buildings shall not be erected closer to the street than the front
yard so established by the existing building nearest to the street
line.
2. Where forty percent (40%) or more of the frontage on one (1) side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have a front yard of less depth than
herein required, then:
a. Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of existing buildings on both sides, the minimum
front yard shall be a line drawn between the two (2) closest front
corners of the adjacent building on each side, or
b. Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of an existing building on one (1) side only,
such building may be erected as close to the street as the existing
adjacent building.
[R.O. 2006 §405.130; Ord. No. 503A, 7-17-2000; Ord. No. 1212 § 2, 4-20-2015]
A. Uses Subordinate. All accessory buildings, accessory
structures, portable structures and accessory uses shall be subordinate
and incidental to a principal building or principal use.
B. Portable Buildings/Structures and Regulations. One portable building/structure may be placed on a lot, provided that it comply with the provisions set forth at Section
405.195. A portable structure may be secured to the ground using only a stake kit to prevent wind uplift. Portable structures may not be utilized for dwelling purposes. Portable structures may not be placed on any easement, including but not limited to utility easements, ingress and egress easements, and public or private rights-of-way (ROW).
C. Accessory Buildings Accessory Structures and Accessory Uses. All accessory buildings and accessory structures shall be allowed,
provided they comply with the provisions set forth in this Section:
1.
No accessory building shall be constructed upon a lot until
the construction of the main building has been actually commenced,
and no accessory building shall be used for dwelling purposes.
2.
Any attached building or structure shall be considered a part
of the principal or main building and shall conform to all regulations
applicable to the principal building on the lot. The exterior material
and color of accessory buildings and structures shall be consistent
and shall blend in with or coordinate with the color(s) of the principal
building(s).
3.
All accessory buildings and accessory structures, except residential
or commercial garages, must be located in the rear yard of a lot and
shall conform to all provisions of this Chapter.
4.
Any accessory building or accessory structure shall not occupy
more than thirty percent (30%) of a required rear yard and shall not
be nearer than six (6) feet to any side or rear lot line, except that
when a garage is entered from an alley, it shall not be located closer
than ten (10) feet to the alley line. If a garage is located closer
than ten (10) feet to the main building, the garage shall be regarded
as part of the main building for the purposes of determining side
and rear yards.
5.
An accessory building or structure in a residential district
shall not exceed one-half (1/2) the ground floor area of the principal
building.
6.
The height, or above grade elevation, of an accessory building
or structure shall not exceed (15) feet in height as measured from
the adjacent finished grade.
7.
On a corner lot, all accessory buildings (except garages) and
structures must be located in the rear yard of a lot on the interior
side.
8.
Any accessory building or accessory structure shall not be placed
on any easement, including but not limited to utility easements, ingress
and egress easements, and public or private rights-of-way (ROW).
D. Permitting. A permit shall not be required for portable buildings which comply with Section
405.195, or for any work which is listed exempt for permit pursuant to the presently adopted International Residential Code utilized by the City. Any other accessory building or accessory structure shall require a permit for placement, and a fee of fifty dollars ($50.00) for a miscellaneous permit fee shall be charged.
E. The provisions of Section
405.195 and subsections A-D shall not apply to fireworks stands as defined by Section
210.2340, so long as the fireworks stand complies with all requirements of Section
210.2340, except that no fireworks stand shall be placed on any easement, including but not limited to utility easements, ingress and egress easements and public or private rights-of-way (ROW).
[Ord. No. 1235 § 8, 11-21-2016]
[R.O. 2006 §405.135; Ord. No. 503A, 7-17-2000]
A. Purpose And Intent. It is the intent of this Chapter to
recognize and permit home occupations as limited non-residential business
activities in the "R" Residence Districts and to regulate such activities.
In this regard, home occupations shall be regulated in order to ensure
compatibility with other uses permitted in the "R" Residence Districts
and to protect residential neighborhoods from potential adverse impacts
(e.g. excessive noise, traffic, nuisances, etc.) associated with home
occupations.
B. Permitted Uses. Examples of permitted home occupations include,
but are not necessarily limited to, the following: tutoring, artist,
mailings, telephone answering service, Internet-related occupations.
Uses specifically prohibited include, but are not necessarily limited
to, the following: auto and truck repair; auto sales; vehicle painting;
storage of construction materials or equipment; retail and wholesale
sales; eating or drinking establishments.
C. Standards. Home occupations shall be permitted as an accessory
use to a residential use in any "R" Residential District subject to
the following requirements:
1. A home occupation permit is required by the City. The applicant(s)
shall complete and submit an application, as provided by the City,
for a home occupation permit with the City Clerk. The City Clerk shall
review the application and submit the application along with a report
on the permit application to the Planning and Zoning Commission for
their consideration. The Planning and Zoning Commission shall file
their report and recommendation with the Board of Aldermen who shall
make the final determination on the application.
2. A home occupation permit shall be issued only to the individual occupying
the dwelling as his/her residence and conducted only by persons residing
within the residence. Home occupation permits shall not be transferable
and shall terminate upon the sale or transfer of the property to a
new owner.
3. A home occupation shall be conducted either within a dwelling (residence)
and/or in the garage associated with the dwelling and shall be clearly
incidental and subordinate to the principal use as a residential dwelling.
4. Home occupations shall not occupy more than twenty percent (20%)
of the total floor area of the dwelling.
5. An applicant for a home occupation permit shall send a certified
letter to all property owners within one hundred (100) feet of the
property for which a home occupation permit is being sought informing
them of the intent to conduct a home occupation.
6. Home occupations shall comply with all local, County, State or Federal
regulations pertaining to the activity pursued.
7. No alteration of the exterior of the dwelling in which the home occupation
is being conducted shall be made which changes the character thereof
as a dwelling.
8. There shall be no visible evidence of the home occupation except
for the provision of one (1) home occupation sign which is in conformance
with the sign regulations of the City of Troy. No other advertising
or business signs are permitted in conjunction with the home occupation.
9. No outdoor storage, display or sale of materials, commodities, stock
in trade or equipment used in the home occupation shall be permitted.
10. No retail or wholesale sales of items are allowed on the premises.
11. No equipment or process shall be used in a home occupation which
creates excessive noise, odor, vibration, or glare, or electrical
disturbances detrimental to the health, safety, peace, comfort and
welfare of the persons residing in the neighborhood.
12. The home occupation shall not require additional off-street parking
spaces for clients or customers.
13. Traffic generation associated with home occupations shall not exceed
that normally generated by a residential dwelling without a home occupation.
[R.O. 2006 §405.140; Ord. No. 503A, 7-17-2000]
A. Purpose. The purpose of this Section is to provide for the
appropriate location and development of wireless communications facilities
and related equipment to serve the citizens and businesses of the
City of Troy; ensure that any new tower provides multiple antenna
mounting opportunities; ensure the maximization and encouragement
of the use of camouflaged antenna support structures to avoid adverse
visual effects; and to ensure that towers and other wireless communications
facilities are compatible with the surrounding land uses. The requirements
set forth shall be applicable to all towers, antenna support structures
and communications facilities installed, built or modified after the
effective date of this Chapter.
B. General Provisions.
1. Options available for location of telecommunication towers include
the following:
a. As a permitted use located on City-owned property, with an acceptable
lease;
b. As a conditional use as an attachment to existing towers/structures
(e.g. water tower), provided they are adequately disguised (stealthed);
and
c. As a conditional use for new towers in industrial districts only.
The third (3rd) option shall only be used if options one (1) or two
(2) are not available. Development under all options shall require
site plan review.
2. All new communication/telecommunication service towers shall require
a conditional use permit and shall be allowed as a conditional use
permit only in the "I-1" and "I-2" Industrial Districts. No freestanding
towers of any kind are allowed in the "R-1", "R-2" and "R-3" Residential
Districts.
3. Applicants for a telecommunication facility must submit a site plan
to the Planning and Zoning Commission for review and approval.
4. Telecommunication devices and stealth communication facilities which
are added to existing structures would be a permissive use and would
not require a conditional use permit. The additional telecommunication
device may extend twenty-five (25) feet above the height of the existing
facility.
5. Telecommunication towers shall not be more than one hundred fifty
(150) feet in height.
6. No two (2) towers, except towers owned or operated by the City of
Troy, shall be located within a one (1) mile radius of each other.
7. All new telecommunication facilities greater than one hundred (100)
feet shall be so constructed as to accommodate the co-use of at least
three (3) providers.
8. All new telecommunication towers shall be of monopole design and
shall have concealed antennae only.
9. The current applicant for the telecommunication facility shall be
required to notify the Planning and Zoning Commission in their application
of the contracted-for-co-users of the facility.
10. The design of the tower compound shall maximize the use of building
materials, colors, textures, screening and landscaping that effectively
blend the tower facilities within the surrounding natural setting
and neighborhood.
11. Landscaping and/or a minimum eight (8) foot height sightproof fence
shall be required around the base of the communication tower and around
ancillary structures to effectively screen such facilities from adjacent
development and roadways.
12. Security fencing shall be provided to sufficiently enclose the base
of the communication tower and ancillary structures to prevent public
access.
13. Antennas and antenna support structures shall be camouflaged (or
concealed as an architectural or natural feature) or painted with
a color compatible with the associated structure.
14. All obsolete and abandoned telecommunication facilities shall be
removed at the owner's expense within nine (9) months of cessation
of use.
15. No advertising shall be permitted on any tower or antenna support
structure.
[R.O. 2006 §405.145; Ord. No. 503A, 7-17-2000]
A. The
following provisions are applicable to satellite dishes in the City
of Troy:
1. Satellite dishes one (1) meter or less in diameter are a permitted
accessory use in the residential districts and two (2) meters or less
in diameter a permitted accessory use in the commercial and industrial
districts.
2. Satellite dishes greater than one (1) meter in diameter in residential
districts and greater than two (2) meters in commercial and industrial
districts require a conditional use permit.
3. One (1) satellite dish is permitted per lot or parcel; any additional
satellite dishes on that lot or parcel requires a conditional use
permit.
4. Ground-mounted satellite dishes shall be located in the rear yard
inside the building lines of the parcel or lot on which it is to be
installed.
[R.O. 2006 §405.150; Ord. No. 503A, 7-17-2000; Ord. No. 1251, 4-16-2018]
A. Dogs
and cats shall be allowed to be kept in any zoning district, however
there shall be a maximum of two (2) dogs and two (2) cats per premises.
The term "dog" shall mean the genus of domestic dogs known as canis
lupus familiaris. The term "cat" shall mean the genus, of domestic
cats known as felis catus. Nothing in this Section shall replace or
abrogate any other restrictions under the Code of Ordinances of the
City of Troy, Missouri, relating to restrictions on dogs or cats.
B. Horses,
ponies and mules, otherwise known by the genus of horses known as
equidae, shall be allowed to be kept as an accessory use in the "R-1"
Single-Family Residential District, provided that no horse, pony or
mule shall be kept on premises which the lot size is less than three
(3) acres. In no instance shall there by more than one (1) horse,
pony, or mule per acre kept on premises.
C. Chickens
shall be allowed to be kept in the "R-1" Single-Family Residential
District, or as otherwise provided by this Subsection, however, there
shall be a maximum of six (6) chickens per premises. The term "chicken"
shall mean the genus of female chickens known as gallus gallus. The
term "chicken" shall not mean the genus of male chickens known as
gallus gallus and more commonly known as a rooster. In the event that
chickens are acquired at an age when gender cannot be determined,
any male chickens, also known as roosters, must be removed from the
premises within ten (10) days of the date that the gender can be determined.
Upon formal request made by a property owner in another district,
the Board of Aldermen may allow, in its sole discretion, chickens
to be kept in or on a property which is located in a district which
is not zoned "R-1," provided that the property is used as a single-family
dwelling, and such allowance will cease when the property owner no
longer resides on the property, or if the Board of Aldermen disallows
the keeping of chickens on the property due to complaints by adjoining
property owners in the district which is not zoned "R-1." Any allowance
will be subject to all of the restrictions set forth in this Subsection.
[Ord. No. 1282, 11-18-2019]
D. Except as provided in Section
215.130, no hogs, pigs, or swine may be kept in any zoning district. The terms "hogs," "pigs," or "swine" shall mean the genus known as sus.
E. Cows,
sheep, and goats shall be allowed to be kept as an accessory use in
the "R-1" Single-Family Residential District, provided that no such
animal shall be kept on premises which the lot size is less than three
(3) acres. In no instance shall there by more than one (1) such animal
per acre kept on the premises. The term "cow" shall mean the genus
known as bos. The term "sheep" shall mean the genus known as ovis.
The term "goat'' shall mean the genus known as capra aegagrus hircus.
F. Exception For 4-H Market Lambs During Lincoln County Fair Season. A person/applicant may apply for a variance from the provisions of Section
405.215, Subsection
(E), for the Board of Aldermen to issue a variance as it may determine in its sole discretion, to be granted to allow a maximum of two (2) market lambs/sheep to be kept on the premises of a lot which is less than three (3) acres in size in accordance with this Subsection. In order for a person to request a variance and be allowed to keep a market lamb/sheep with a variance, the person shall provide the following:
[Ord. No. 1324, 6-23-2022]
1. A written request by an applicant to keep a market lamb/sheep on
a property within the City, for showing by a minor who resides at
the residence where the market lamb/sheep is requested to be kept
(the minor's name shall be redacted to first initial of first and
last name of the minor);
2. That the market lamb/sheep shall be kept on the premises only during
the months of April through July of the calendar year in which the
variance is granted and such lamb/sheep will be removed from the applicant's
property when not allowed under the variance;
3. That the minor is a member in good standing of the 4-H program;
4. That the minor has participated in the Missouri Show Me Quality Assurance
Training within the current 4-H program year;
5. That a maximum of two (2) market lambs/sheep are allowed on the applicant's
property;
6. That the applicant will adequately care for the market lamb/sheep,
and that the applicant applying for the variance is over the age of
eighteen (18), is the owner of the premises where the market lamb/sheep
is to be kept, and that the person will be solely responsible for
any and all violations of City ordinances;
7. That the market lamb/sheep will not cause a nuisance or disturb the
comfort or repose of any person in the vicinity of the market lamb/sheep.
Any variance request may be denied by the Board of Aldermen
if there are objections by the neighboring property owners of the
applicant.
|
Any variance granted by the Board of Aldermen may be revoked by the Board of Aldermen if the City receives complaints from any neighbors of the applicant concerning the conduct of the market lamb/sheep or if the applicant violates any other rules of Section 405.215 or Chapter 205 of the City of Troy, Missouri, Code. In such event, the applicant shall have thirty (30) days to remove the market lamb/sheep from the premises.
|
[Ord. No. 1184 §1, 7-15-2013]
A. The purpose of the regulations for alternative energy systems is
to oversee the permitting of these systems while promoting the health,
safety and welfare of City residents. Building permits are required
for all systems.
B. For purposes of this Section, the term "alternative energy systems"
shall mean:
1.
Ground source heat pump systems;
2.
Wind energy conversion systems (WECS); and
C. Alternative energy systems shall be in compliance with the standards
set by the International Building Code and the International Residential
Code. Building permits are required for the construction and installation
of all alternative energy systems.
D. Conformance To Applicable Rules And Regulations. Alternative energy systems must be constructed and installed in
conformance with applicable rules and regulations as follows:
1.
Alternative energy systems shall be in compliance with any applicable
Federal regulations and Section 386.890, RSMo., which mandates compliance
with all applicable safety, performance, interconnection, and reliability
standards established by the National Electrical Code, the National
Electrical Safety Code, the Institute of Electrical and Electronics
Engineers, Underwriters Laboratories, and the Federal Energy Regulatory
Commission.
2.
No building permits shall be issued for an alternative energy
system until a copy of the utility company's approval for interconnection
of a customer-owned generator has been provided.
E. Regulations On Specific Alternative Energy Systems.
1.
Ground source heat pump systems.
a.
Permitted districts. Ground source heat pump
systems in accordance with the standards in this Section are allowed
as an accessory use in all zoning districts.
b.
Standards.
(1) System requirements. Only closed-loop
ground source heat pump systems utilizing heat transfer fluids. Open-loop
ground source heat systems are prohibited.
(2) Setbacks.
(a) All components of ground source heat pump systems,
including pumps, borings and loops, shall be set back at least five
(5) feet from all property lines.
(b) Aboveground equipment associated with ground source
heat pumps shall not be installed in a front yard. Equipment shall
be located in the side or rear yard, set back at least five (5) feet
from the property line.
(c) Ground source heat pump systems shall not be located
or encroach upon any recorded easement.
(3) Screening. Ground source heat
pump systems are considered mechanical equipment and are subject to
mechanical screening requirements of the zoning district.
F. Wind Energy Conversion Systems (WECS).
1.
Permitted districts.
a.
"R-1" Single-Family Residential District: not permitted.
b.
"R-2" Single-Family Residential District: not permitted.
c.
"R-3" Multiple-Family Residential District: not permitted.
d.
"C-1" Central Business District: not permitted.
e.
"C-2" Neighborhood Commercial District: not permitted.
f.
"C-3" Highway Commercial District: not permitted.
g.
"P-R" Park and Recreation District: not permitted.
h.
"I-1" Light Industrial District: permitted in accordance with
this Section.
i.
"I-2" Heavy Industrial District: permitted in accordance with
this Section.
2.
Regulations on WECS within permitted districts.
a.
Power output. No limitation on power output.
b.
Setbacks. A wind tower for a wind energy system
shall have a setback height:
(1) Equal to the distance from any public road right-of-way;
(2) Equal to the distance from any overhead utility
lines, unless written permission is granted by the affected utility;
(3) Equal to the distance from a residence, school,
hospital, church, public library, or parking lot;
(4) Equal to the distance from the closest property
line.
c.
Fencing (landscaping). Security fencing is
required surrounding a tower and all other mechanical equipment associated
with a WECS. This requirement may be waived if site is already fenced
per ordinance.
d.
General rules.
(1) Access.
(a) All ground-mounted electrical and control equipment
shall be labeled or secured to prevent unauthorized access.
(b) The WECS shall be designed and installed so as
to not provide step bolts or a ladder readily accessible to the public
for a minimum height of eight (8) feet above surrounding grade.
(2) Electrical wires. All electrical
wires associated with a WECS, other than wires necessary to connect
the wind generator to the tower wiring, the tower wiring to the disconnect
junction box and the grounding wires shall be located underground.
(3) Tower type. Only monopole towers
are permitted (no lattice structures).
(4) Lighting. A WECS and generator
shall not be artificially lighted unless such lighting is required
by the Federal Aviation Administration.
(5) Appearance, color and finish. The
WECS shall remain painted or finished the color or finish that was
originally applied by the manufacturer.
(6) Signs. All signs, other than the
manufacturer's or installer's identification, appropriate warning
signs, or owner identification on a wind generator, tower, building
or other structure associated with a WECS visible from any public
road shall be prohibited.
(7) Utility notification and interconnection. The applicant shall be required to notify all necessary utilities
of construction of a WECS.
(8) Location. All WECS shall be located
in the rear yard.
(9) Number of WECS. No more than one
(1) WECS is permitted per parcel.
(10) Abandonment. If the WECS remains
non-functional or inoperative for a continuous period of one (1) year,
the system shall be deemed to be abandoned and shall constitute a
public nuisance. The owner shall remove the abandoned system at his
or her expense after a demolition permit has been obtained. Removal
includes the entire structure, including foundations to below natural
grade and transmission equipment.
G. Solar Energy Systems.
1.
General solar energy systems requirements by zoning
classification.
a.
Residential districts. ("R-1" Single-Family
Residential District; "R-2" Single-Family Residential District; "R-3"
Multiple-Family Residential District)
(1) Type. Roof-mounted systems are
permitted. Roof applications shall not extend beyond the footprint
of the main structure.
(2) Height. Shall maintain compliance
with height restrictions for a main structure and to be mounted parallel
to the roof and in close proximity to the roof (not to exceed twelve
(12) inches) so as to not appear to project above the original design
surface from the roof.
b.
Commercial and industrial districts. ("C-1"
Central Business District; "C-2" Neighborhood Commercial District;
"C-3" Highway Commercial District; "P-R" Park and Recreation District;
"I-1" Light Industrial District; "I-2" Heavy Industrial District)
(1) Type. Roof-mounted systems are
permitted.
(2) Height. Shall maintain compliance
with height restrictions for a main structure and mounted parallel
to the roof and in close proximity to the roof (not to exceed twelve
(12) inches) so as to not appear to project above the original design
surface from the roof.
c.
A structural report, sealed by a structural engineer, for imposed
roof load shall be provided to the Building Department before approval
of the alternative energy system. The alternative energy system shall
not overload the roof.
[Ord. No. 1307, 8-17-2021]
A. Purpose. The intent of this Section and its Subsections is to provide
for public safety and health and public welfare by prohibiting hazardous
uses and practices of shipping container/Conex container/sea-land
cargo shipping container/sea train container in certain Zoning Districts
in the City of Troy, Missouri. This Section is further intended to
protect the character and stability of the land uses in Troy, Missouri.
B. Definitions.
SHIPPING CONTAINER/CONEX CONTAINER/SEA-LAND CARGO SHIPPING CONTAINER/SEA
TRAIN CONTAINER
A prefabricated metal structure of any size designed for
use as a shipping container in accordance with international shipping
standards; also known as an "intermodal container" which is designed
and built for intermodal freight transport; also known as ISO container;
also known as a container van; also known as a Conex box; also known
as a sea can; also known as a c can.
STRUCTURAL CHANGE
A modification to the existing support structure or to the
exterior of a shipping container/Conex container/sea-land cargo shipping
container/sea train container wherein there is any cutting, torching,
welding, grinding, or changes made to such shipping container/Conex
container/sea-land cargo shipping container/sea train container.
C. Shipping Container/Conex Container/Sea-Land Cargo Shipping Container/Sea
Train Container Allowed In Certain Zoning Districts "I-1" And "I-2."
Shipping container/Conex container/sea-land cargo shipping container/sea
train container may be utilized and placed on property zoned "I-1,"
Light Industrial District and "I-2," Heavy Industrial District.
D. Shipping Container/Conex Container/Sea-Land Cargo Shipping Container/Sea Train Container Prohibited In Certain Zoning Districts. Shipping container/Conex container/sea-land cargo shipping container/sea train container may not be utilized and may not be placed on property zoned "R-1," Single-Family Residential District, "R-2," Single-Family Residential District, "R-3," Multiple-Family Residential District, "C-1," Central Business District, "C-2," Neighborhood Commercial District; "C-3," Highway Commercial District, and "P-R," Park and Recreation District. Further shipping container/Conex container/sea-land cargo shipping container/sea train container may not be utilized as a construction material for the construction of any home, building, accessory building, accessory structure, or portable structure, as defined by Section
405.195. Any shipping container/Conex container/sea-land cargo shipping container/sea train container which is found on a property where its use is prohibited shall be subject to removal at the cost of the property owner.
E. Application On Properties Currently Using Shipping Container/Conex
Container/Sea-Land Cargo Shipping Container/Sea Train Container Where
Now Prohibited. Shipping container/Conex container/sea-land cargo
shipping container/sea train container which are located, as of the
date of passage of this Section, August 16, 2021, on properties where
they would be prohibited shall be permitted, provided that no structural
changes may be made to the shipping container/Conex container/sea-land
cargo shipping container/sea train container and it may not be moved
from its location on the date of passage of this Section, with the
exception for the complete removal of the shipping container/Conex
container/sea-land cargo shipping container/sea train container from
the property. If a shipping container/Conex container/sea-land cargo
shipping container/sea train container is moved or structural changes
are made after the date of passage, the shipping container/Conex container/sea-land
cargo shipping container/sea train container shall no longer be permitted
under this Subsection. Any permitted shipping container/Conex container/sea-land
cargo shipping container/sea train container shall be maintained so
that it is in good operating condition, may be moved by commercially
reasonable measures, and shall remain painted the same color (excepting
any original shipping identifications).