[R.O. 1991 § 400.300; Ord. No. 2865-13 § 1(Exh. A § 400.300), 4-2-2013]
A. 
Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations.
B. 
In all districts, two (2) additional feet of height above the specified height limitation shall be permitted for each one (1) foot of additional setback on all sides provided over the minimum requirement.
[R.O. 1991 § 400.310; Ord. No. 2865-13 § 1(Exh. A § 400.310), 4-2-2013]
A. 
Front Yards. The front yards heretofore established shall be adjusted in the following cases:
1. 
Where fifty percent (50%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed [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 buildings.
2. 
Where fifty percent (50%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as described above, 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 buildings on the two (2) sides; 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.
Front Yard Modification
B. 
Accessory Buildings. No accessory building shall be erected in any required front or side yard and no detached accessory building shall be erected closer than five (5) feet to any other building. Accessory buildings may be located in the rear yard, but shall not be closer than five (5) feet to the rear lot line and shall not be closer to the side lot line than the required minimum side yard setback of the district except that if the building has a vehicular alley entrance, the sum of the width of the alley and the setback of the structure shall not be less than twenty-five (25) feet. Accessory buildings in excess of two (2) per property are prohibited in "R-S," "R-1," "R-2," "R-3," "R-4," "B-1," "B-2," "B-3" and "B-4" Districts. For the purposes of calculating the number of accessory buildings on a property, detached garages shall be exempt.
C. 
Structural Projections. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, the ordinary projections of chimneys and flues, buttresses, eaves, overhangs, open unenclosed porches, covered porches, elevated decks, covered elevated decks, patios, or covered patios may extend into any required yard for a distance of not more than thirty percent (30%) of the required yard dimension. For purposes of this Section, porches, decks or patios that are covered, and that encroach into a yard setback, may have guards installed, but only if the building and safety codes require such guards, and, in those cases, the guards must be open to the maximum extent allowed by the code; any post or other support structure shall not exceed twenty-four (24) inches in width in any direction.
[Ord. No. 2918-15 § 1, 3-3-2015]
[R.O. 1991 § 400.320; Ord. No. 2865-13 § 1(Exh. A § 400.320), 4-2-2013]
In computing the depth of a rear yard for any building where such a yard abuts an alley, one-half (1/2) the width of such alley may be included in the rear yard dimension.
[R.O. 1991 § 400.325; Ord. No. 2865-13 § 1(Exh. A § 400.325), 4-2-2013]
Where a lot or tract is used or zoned for other than a single-family dwelling, more than one (1) principal use and structure may be located upon the lot or tract, but only when the building or buildings conform to all requirements for the district in which the lot or tract is located.
[R.O. 1991 § 400.330; Ord. No. 2865-13 § 1(Exh. A § 400.330), 4-2-2013]
A. 
For the purpose of this Section, the term "sight triangle" shall mean an area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and eight (8) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, ninety (90) feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the ninety (90) foot distance shall be increased to one hundred twenty (120) feet. An example of such a sight triangle is included in Section 400.075 with the definition of same.
B. 
The Board of Aldermen does hereby find and determine that in order to facilitate the movement of traffic and to provide the maximum safety in the use of the streets, it is necessary to require that all corner lots in the City conform to the requirements of the sight triangle as defined except in the Central Business District defined in this Chapter.
C. 
The determination that an obstruction within the sight triangle materially impedes vision and presents a traffic hazard requiring abatement shall be at the discretion of the Chief of Police or their designee.
D. 
On a corner lot in any district, development shall conform to the requirements of the sight triangle as defined by this regulation.
[R.O. 1991 § 400.340; Ord. No. 2865-13 § 1(Exh. A § 400.340), 4-2-2013]
A. 
Christmas Tree Sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no trees shall be displayed within the sight triangle.
B. 
Contractor's Office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.
C. 
Real Estate Offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
D. 
Seasonal Sales. Seasonal sale of farm produce grown on the premises in an "A-1" District. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
E. 
Carnivals And Circuses. A carnival or circus, but only in an "A-1," "B-1," "B-2," "B-3," "B-4," "I-1" or "I-2" District and then only for a period that does not exceed three (3) weeks. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.
F. 
Housing. During construction of the principal residential structure, a basement, garage, camper or mobile home may be utilized for temporary housing for a period not to exceed six (6) months. The Zoning Administrator may extend the period six (6) additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located.
G. 
Temporary Defined. For the purposes of conditional use permits issued for school, temporary/mobile accessory structures, "temporary" shall mean not more than three (3) years.
[R.O. 1991 § 400.345; Ord. No. 2865-13 § 1(Exh. A § 400.345), 4-2-2013]
The building setback line shall be determined by measuring the horizontal distance between the property line and the nearest exterior wall of the existing or proposed structure.
[R.O. 1991 § 400.350; Ord. No. 2865-13 § 1(Exh. A § 400.350), 4-2-2013: Ord. No. 3043-19, 9-3-2019; Ord. No. 3169-23, 1-17-2023]
A. 
Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:
1. 
As used in this Chapter, the following terms shall have the meanings indicated:
FENCE, DECORATIVE OR ORNAMENTAL
A fence constructed of wood, metal, vinyl, vinyl coated chain link or a combination of such materials that is not more than four (4) feet in height and is at least fifty percent (50%) open; or is a stone or brick wall that does not exceed three (3) feet in height. Non-coated chain-link, or wire, wire mesh, snow fences or fences constructed in any part with such materials shall not be considered decorative or ornamental.
FRONT YARD FENCE
A decorative or ornamental fence located in a front yard that contains or abuts an adjacent lot that contains, the primary entrance to the building or a driveway access to the lot, or both.
2. 
All fences erected in the City of Smithville must have a permit, except those in the agricultural districts. Applications for a fence permit shall be accompanied by a general layout of the property indicating the location of the fence to be erected on the lot.
3. 
All fences shall conform to the requirements of the sight triangle as defined by these regulations. For purposes of these fence regulations, an alley shall also be subject to the sight triangle regulations at an intersection with a public street.
4. 
No fence shall be constructed which will constitute a traffic hazard nor shall be constructed within one (1) foot of any street right-of-way.
5. 
No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous. This would include barbed wire, electrically charged or otherwise detrimental to persons, except as stated herein. Barbed wire fences may be constructed in the agricultural districts; and barbed wire may be used in the industrial districts and the "B-3" District, but only as a component of security or anti-climb fences with such component not less than eight (8) feet above the outside adjacent grade. The use of barbed wire arms is limited to those not larger than eighteen (18) inches, and upon attachment of the arm, the extended portion of the arm and wire shall not extend beyond any property lines.
6. 
No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than eight (8) feet in the industrial districts, not including barbed wire arm attachments on security fences, which may extend an additional two (2) feet. In the business and residential districts, fences shall not exceed eight (8) feet in height, except for hedges and shrubs, which do not have a height restriction, except as noted otherwise in this Chapter. In the "B-3" District, any security or anti-climb fence that includes barbed wire tops may be constructed up to eight (8) feet tall and the barbed wire security component may extend an additional two (2) feet above the standard height.
7. 
All fences shall be constructed to face the neighboring property with its structural elements on the building side of the fence. A shadow-box style fence shall be considered compliant with this provision.
8. 
On lots with more than one (1) front yard (e.g., corner lots or double frontage lots) as defined in this Chapter shall construct a front yard fence as defined herein where required and rear and side and rear yards may have other fences that meet the standards of this Section.
9. 
These fence regulations are independent of any rules or regulations imposed by homeowners' associations or other agencies not affiliated with the City of Smithville.
10. 
Any provision of Section 400.575(C) to the contrary notwithstanding, the repair or replacement of fifteen percent (15%) or more of any portion of an existing fence shall trigger the requirement that the entire fence be brought into compliance with this Section.
[R.O. 1991 § 400.355; Ord. No. 2865-13 § 1(Exh. A § 400.355), 4-2-2013]
A. 
Home occupations shall be permitted in the "A-1," "R-S," "R-1," "R-2," "R-3" and "R-4" Districts.
B. 
Restrictions And Limitations.
1. 
The home occupation shall be incidental and subordinate to the principal residential use of the premises and not more than twenty-five percent (25%) of the floor area of any one (1) floor of a dwelling unit or one (1) room, whichever is the smaller, shall be used for a home occupation.
2. 
No outdoor storage of materials or equipment used in the home occupation shall be permitted.
3. 
No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence. The home occupation shall be carried on entirely within the principal residential structure and under no circumstances shall the home occupation be carried on within a detached accessory building.
4. 
No sign shall be permitted unless required by State Statute and, if so required, shall not exceed two (2) square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.
5. 
No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.
6. 
No equipment shall be utilized that creates a nuisance due to noise or electrical interference.
7. 
Parking generated by the conduct of a home occupation shall be provided off-street in an area other than the required front yard.
8. 
No commodities shall be displayed or sold on the premises except that which is produced on the premises.
C. 
Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided however, that each listed occupation is subject to the requirements of Subsection (B)(1) — (7) above:
1. 
Art, dancing and music schools provided that instruction is limited to five (5) pupils at one time.
2. 
Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers and similar professions.
3. 
Offices for realtors, insurance agents, brokers, sales representatives and manufacturing representatives when no exchange of tangible goods is made on the premises.
4. 
Radio, television, phonograph, recorder and small appliance repair services.
5. 
Day care centers caring for less than five (5) unrelated children.
6. 
Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.
7. 
Tailoring, alterations and seamstresses.
8. 
Saw filing.
9. 
Tourist homes.
10. 
Beauty and barber services.
D. 
Particular Home Occupations Prohibited. Permitted home occupations shall not in any event include the following:
1. 
Antiques — retail.
2. 
Funeral services.
3. 
Groceries — retail.
4. 
Secondhand merchandise — retail.
5. 
Equipment rental.
6. 
Automobile and other motor vehicle repair services.
7. 
Physicians.
8. 
Dentists.
9. 
Chiropractors.
[R.O. 1991 § 400.360; Ord. No. 2865-13 § 1(Exh. A § 400.360), 4-2-2013]
A. 
Major recreational equipment such as, but not limited to, boats, boat trailers, travel trailers, pickup campers or coaches, camping buses or converted trucks and tent trailers may be stored upon residential property subject to the following requirements:
1. 
A paved parking surface for said vehicles is not required.
2. 
Parking of said vehicles shall not exceed two (2) in number.
3. 
Parking of said vehicles shall be permitted upon residential property owned or secured by long-term lease by the owner of said vehicle. Parking of vehicles belonging to guests of the property owner shall be permitted provided that such vehicles shall not be parked on said property in excess of fourteen (14) days in any twelve (12) month period.
4. 
Parking of said vehicle shall not protrude over or upon any sidewalk or adjacent roadway.
5. 
Residing in recreational vehicles on private property shall not exceed a total of fourteen (14) days in any twelve (12) month period.
6. 
Said recreational vehicles shall be properly licensed at all times.
7. 
Said recreational vehicles shall not be used for storage of items unrelated to the use of said vehicle.
[R.O. 1991 § 400.365; Ord. No. 2915-15 § 3, 2-3-2015]
A. 
Intent. The intent of this supplementary district regulation is to insure that in all districts where animal care facilities are located, the adjoining properties to such use are sufficiently protected from harmful or offensive sounds, smells and traffic. With these protections in place, all animal care facilities may be operated in all agricultural, business and industrial districts so long as all requirements herein are met.
B. 
Definitions. All provisions of this Section are subject to the following specific definitions:
ANIMAL HOSPITAL
Any facility operated by a licensed veterinarian where veterinarian services are provided, and may also include grooming, training or boarding services.
ANIMALS
Any dog or cat, which is being used, or is intended for use, for research, teaching, testing, breeding, or exhibition purposes, or as a pet.
ANIMAL SHELTER
A facility which is used to house or contain animals, which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of such animals, or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption.
BOARDING KENNEL
A place or establishment, other than a pound or animal shelter, where animals, not owned by the proprietor, are sheltered, fed, and watered in return for a consideration; however, boarding kennel shall not include hobby or show breeders who board intact females for a period of time for the sole purpose of breeding such intact females, and shall not include individuals who temporarily, and not in the normal course of business, board or care for animals owned by other individuals.
COMMERCIAL KENNEL
A kennel which performs grooming or training services for animals, and may or may not render boarding services in return for a consideration.
CONTRACT KENNEL
Any facility operated by any person or entity other than the State or any political subdivision of the State, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals, on behalf of and pursuant to a contract with the State or any political subdivision.
INDOOR FACILITIES
Any kennel, shelter, pet shop or pound that has all aspects of the animal care completed inside a building that is conditioned with heat and air throughout. Outdoor use of such a facility for animal care would be limited to situations where the animals are released outside in a controlled area and at all times supervised by a person capable of quieting or controlling such animals.
OUTDOOR FACILITIES
Any kennel, shelter, pet shop or pound that has any aspect of the animal care completed outside a building that is conditioned with heat and air throughout where such animals are not supervised by a person at any part of such time outside, or inside a building not conditioned with heat and air throughout.
PET SHOP
Any facility where animals are bought, sold, exchanged, or offered for retail sale to the general public.
POUND
A facility operated by the State or any political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
C. 
In agricultural and industrial districts, animal hospitals, as well as indoor and outdoor facilities, may be operated, so long as any such outdoor facility is located no less than three hundred (300) feet from an adjoining residential structure.
D. 
In business districts, only animal hospitals and indoor facilities may be operated.
[R.O. 1991 § 400.370; Ord. No. 2865-13 § 1(Exh. A § 400.370), 4-2-2013; Ord. No. 3266-25, 7-1-2025]
A. 
Accessory uses are permitted in any zoning district in connection with any principal use that is permitted.
B. 
Definition. An "accessory use" is a structure or use which:
1. 
Is subordinate to and serves a principal building and principal use;
2. 
Is subordinate in area, extent or purpose to the principal building or buildings served;
3. 
Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served;
4. 
Is located on the same lot as the principal building or principal use served.
C. 
Permitted Accessory Uses. Any structure or use that complies with the terms of Subsection (B) may be allowed as an accessory use or structure (accessory structures and uses include, but are not limited to, the following list of examples); provided that in each case such structure must fit the general definition of "accessory use" contained in Subsection (B) of this regulation.
1. 
Private garages or carports, not to exceed the following capacity:
a. 
For single-family residence: Three (3) cars.
b. 
For multi-family residence: Two (2) cars per dwelling unit.
2. 
A structure for storage incidental to a permitted use provided no such structure that is accessory to a residential building shall exceed one hundred fifty (150) square feet in gross floor area.
3. 
A child's playhouse.
4. 
A private swimming pool and bathhouse.
5. 
A guest house (without kitchen facilities) or rooms for guests in accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.
6. 
Statuary, arbors, trellises, barbecue stoves, woodpiles for home use, flagpoles, fences, walls, hedges and radio and television antennas.
7. 
Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district.
8. 
Signs, when permitted by Article III, Division 3 of these regulations.
9. 
Off-street parking and loading spaces as regulated by Article III, Division 2 of these regulations.
10. 
Storage of major recreational equipment, such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided no part of such storage area is located in the front yard setback in accordance with Section 400.360.
11. 
Restaurants, drug stores, gift shops, swimming pools, tennis courts, club and lounges and newsstands when located in a permitted hotel, motel or office building.
12. 
Employee restaurants and cafeterias when located in a permitted business or manufacturing or industrial building.
13. 
Offices for permitted business and industrial uses when said office is located on the same site as the business or industry to which it is an accessory.
14. 
Retail sales for permitted industrial uses when located on the same site as the industrial use.
15. 
The storage of retail merchandise when located within the same building as the principal retail business.
D. 
Prohibited Accessory Uses. None of the following shall be permitted as an accessory use:
1. 
Outdoor storage or overnight parking in a residential district of trucks or buses having a hauling capacity of more than one (1) ton excluding pickup trucks and recreational vehicles as defined in Section 400.360.
2. 
Outdoor storage, except as specifically permitted in the district regulations.
E. 
Accessory Uses Permitted By Conditional Use. The following accessory uses shall only be permitted upon approval of a conditional use application:
1. 
Telecommunications or television tower.
2. 
Amateur radio tower.
3. 
Accessory dwelling units subject to the following requirements:
a. 
Location And Construction.
(1) 
May only be authorized if located on land within zoning districts A-1, A-R, R-1A, R-1B, R-1C, R-1D or B-4.
(2) 
An ADU may either be located within the principal structure with no direct communication between the two (2) units or may be a separate structure.
(3) 
Only one (1) ADU may be constructed on the lot or parcel.
(4) 
All water, sewer or septic, and solid waste services to the property must be through the primary structure's service. Electric, phone, cable, gas or other service may be served by separate meters and/or services.
(5) 
The ADU shall be constructed in full compliance with the then adopted building and property maintenance codes, including an approved frost protected foundation.
b. 
Ownership, Use And Occupancy.
(1) 
Any land with an ADU must be under one ownership and the owner must occupy either the principal structure or the ADU.
(2) 
The ADU shall be occupied by no more than two (2) adults unrelated by blood, marriage or civil union.
(3) 
The minimum rental term for either structure shall be not less than thirty (30) days.
(4) 
No ADU shall operate any home occupation.
(5) 
No ADU's may be occupied without a valid certificate of occupancy.
(6) 
All ADU's must reapply for a new certificate of occupancy every three (3) years where the owner certifies compliance with the provisions herein.
[Ord. No. 3306-26, 5-4-2026]
A. 
Purpose And Intent.
1. 
The purpose of these supplementary district regulations is to provide a framework for the development, installation, and operation of battery energy storage facilities (BESF) while mitigating potential negative impacts on neighboring properties and addressing fire safety concerns. These regulations aim to balance the need for renewable and non-renewable energy storage with the safety, health, and welfare of the community. They further seek to protect property values, ensure environmental sustainability, and promote responsible land use planning.
2. 
These regulations are also intended to establish clear permitting requirements, safety standards, operational protocols, decommissioning obligations, and compliance mechanisms to ensure that BESFs are integrated safely and effectively into the community without creating undue risks.
3. 
A BESF shall only be permitted with full compliance of the requirements of this Section, and with any conditional use permit requirement in the specific zone district regulations of the property involved.
B. 
Definitions. For purposes of this Section, the following additional definitions shall apply:
BATTERY ENERGY STORAGE FACILITY (BESF)
A facility utilizing electrochemical storage systems to store and distribute electrical energy for later use.
LARGE-SCALE BESF
A BESF with a storage capacity exceeding one (1) megawatt-hour (MWh), typically serving utility-scale or commercial needs.
SMALL-SCALE BESF
A BESF with a storage capacity of one (1) MWh or less, typically for residential or small commercial use on the site of such use.
EMERGENCY RESPONSE PLAN (ERP)
A comprehensive plan outlining safety measures, emergency contacts, fire response protocols, and failure mitigation procedures.
THERMAL RUNAWAY
A condition in which a battery cell overheats, leading to a self-sustaining chain reaction that can result in fire, explosion, or system failure.
FIRE SUPPRESSION SYSTEM
A system specifically designed to prevent or extinguish fires associated with lithium-ion batteries, such as water mist, gas suppression, or foam-based fire retardants.
DECOMMISSIONING PLAN
A document detailing the procedures and financial assurances for the safe removal and disposal of BESF components at the end of their operational life.
MONITORING SYSTEM
A twenty-four/seven (24/7) real-time system that continuously tracks temperature, voltage, current, and other critical safety indicators to prevent failures.
C. 
Permitted Locations And Parcel Size Requirements.
1. 
Large-Scale BESF shall be permitted in agriculture and industrial districts as identified in the underlying district regulations, including through a conditional use permit (CUP) process if required in the relevant zone district sections.
2. 
Small-Scale BESF shall be permitted as an accessory use right in agricultural, residential, business and industrial districts, provided they comply with local Fire Codes and do not exceed noise or environmental impact thresholds.
3. 
Large-Scale BESFs are prohibited within two hundred fifty (250) feet of existing residential dwellings, schools, hospitals, daycare centers, senior living facilities, or other sensitive land uses unless an approved mitigation plan demonstrates that potential impacts will be effectively minimized.
4. 
Facilities must not be located within a designated floodplain or wetland unless specifically approved with appropriate flood-proofing measures in place.
5. 
Minimum Parcel Size. Large-Scale BESFs shall be located on parcels no smaller than five (5) acres to ensure adequate space for buffers, setbacks, and fire mitigation zones.
6. 
Maximum Parcel Size. The maximum parcel size for a BESF shall be fifty (50) acres, unless the applicant demonstrates that additional acreage is necessary for operational efficiency and impact mitigation.
D. 
Setback And Buffer Requirements.
1. 
Large-Scale BESF in industrial districts must follow the setback and buffering standards described in the Site Plan Development Ordinance, Sections 400.390 through 400.440 of this Code.
2. 
Large-Scale BESF within any non-industrial district must maintain the following minimum setbacks and buffers:
a. 
Setbacks.
(1) 
One hundred (100) feet from all property lines.
(2) 
Two hundred fifty (250) feet from the nearest residential structures (includes building permit applications under review at time of conditional use permit application) or preliminarily or final platted subdivisions for residential uses.
b. 
Buffers.
(1) 
A landscaped buffer of at least fifty (50) feet in depth located within the 100-foot setback shall be required to visually screen BESF from adjacent properties. The buffer must include a combination of evergreen and deciduous trees, as well as shrubs that provide year-round screening. The applicant must submit a landscape plan as part of the application for approval. The landscape plan must include:
(a) 
A site map showing the location and species of all plantings.
(b) 
A maintenance plan to ensure long-term viability of plantings.
(c) 
Use of native, drought-resistant, and non-invasive plant species where feasible.
(d) 
An implementation timeline ensuring the buffer is established before facility operations commence.
The City reserves the right to require additional plantings or alternative screening methods based on site conditions and adjacent land uses. The landscaped buffer must be maintained for the life of the facility, with any dead or dying vegetation replaced within the next planting season.
3. 
Facilities in all districts must install security fencing of at least eight (8) feet in height, with appropriate warning signage and limited-access gates. Battery energy storage systems, including all mechanical equipment, shall be enclosed by a fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building.
4. 
Any outdoor lighting must be shielded and directed downward to minimize light pollution and glare on adjacent properties.
E. 
Fire Safety And Hazard Mitigation. All BESFs must comply with National Fire Protedion Association (NFPA) 855 and International Fire Code (IFC) standards as updated from time to time. Facilities must incorporate a fire suppression system specifically designed for the battery chemical type to be used and its hazards.
1. 
An Emergency Response Plan (ERP) must be submitted to and approved by the local Fire District before facility operation. This plan must include: emergency shutoff procedures; Fire Department access points and site layout; hazard identification and fire mitigation strategies, and spill containment and cleanup protocols. Signage for the battery energy storage system shall be in compliance with ANSI Z535 and shall include the following information: the type of technology associated with the battery energy storage system; any special hazards associated; the type of suppression system installed in the area of the battery energy storage system, and 24-hour emergency contact information.
2. 
As required by the National Electric Code (NEC), disconnect and other emergency management information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
3. 
Warning signage spacing shall be determined with the battery energy storage plan.
4. 
All BESFs must be equipped with thermal management systems to prevent overheating and detect early signs of thermal runaway. BESFs must be equipped with emergency venting systems to release gases in a controlled manner to prevent explosion hazards. Operators must coordinate with local Fire Departments to conduct annual fire response training specific to battery energy storage hazards. Each BESF shall have a remote monitoring system accessible to first responders in case of emergency.
5. 
The area within twenty (20) feet on each side of a battery energy storage system shall be cleared of combustible vegetation and surfaced with gravel or other non-combustible surfacing.
F. 
Environmental And Operational Standards.
1. 
Stormwater Management Requirements. All facilities must submit a Stormwater Management Plan (SWMP) for approval as part of the application process. The SWMP must outline measures to prevent chemical contamination of groundwater and nearby water bodies through stormwater runoff control, filtration systems, and containment barriers. Facilities must implement best management practices (BMPs), such as oil/water separators, spill containment structures, and designated hazardous material storage areas.
2. 
Routine Maintenance And Compliance. Facilities must conduct system testing and submit maintenance reports to the local permitting authority annually. These reports must include: battery performance assessments; fire suppression system testing results; and inspection logs for containment and stormwater management structures.
3. 
Facilities must comply with all applicable Federal, State, and local environmental regulations regarding hazardous waste disposal and battery recycling.
G. 
Decommissioning And Site Restoration. Facility owners must submit a comprehensive decommissioning and site restoration plan for approval by the City. This plan must include a detailed timeline, cost estimates, and a financial assurance mechanism to ensure the facility is properly decommissioned and the site restored to its pre-development condition unless an alternative land use plan is approved.
1. 
Financial Security Requirement. A financial security bond, escrow account, or other City-approved financial mechanism as identified in Section 425.440 must be established before any construction or site preparation begins to cover the estimated decommissioning and reclamation costs.
2. 
Conditions For Financial Security. The financial security must be in an amount not less than the lesser of twenty-five percent (25%) of the project construction value or the estimated cost of reclamation and restoration (as approved by the City) and shall be adjusted every five (5) years based on the cumulative Consumer Price Index for All Urban Consumers (CPIU) from the date of the last approved estimate, or an equivalent inflation index determined by the City. The estimated decommissioning cost must be recalculated every five (5) years throughout the facility's operational life and if recalculations indicate an increase in decommissioning costs, the financial security must be adjusted to reflect the new estimate. If costs decrease, the County may approve a reduction in the required financial security.
3. 
The applicant must submit an estimate for decommissioning with the initial approval, and every five (5) years thereafter for review and approval by the City's engineers.
4. 
Initiation And Completion Timeline. Decommissioning must begin within twelve (12) months of facility cessation of operations. The decommissioning process must be carried out in accordance with the approved decommissioning plan and completed within the timeframe specified by the City.
5. 
Removal Of Facility Components. All structures, foundations, equipment, underground utilities, and access roads must be removed unless otherwise approved as part of an alternative land use plan. All materials must be disposed of or recycled in compliance with applicable local, State, and Federal regulations, particularly those governing hazardous waste disposal.
6. 
Site Restoration. The site must be restored to its pre-development condition, including soil stabilization, regrading, re-vegetation, and remediation of any environmental contamination. If an alternative post-decommissioning land use is proposed, the facility owner must submit a separate land use plan for City approval before decommissioning begins.
7. 
Non-Compliance And Default. If the facility operator fails to comply with decommissioning requirements, the City may call the bond or utilize the provided financial security to complete decommissioning and reclamation. In the event of default due to non-payment, the City retains the right to use the financial security to fund decommissioning activities.
8. 
Use Of Remaining Funds. If decommissioning costs exceed the financial security amount, the facility owner remains liable for additional costs. If decommissioning costs are less than the secured amount, the City may withhold any remaining balance until the decommissioning process is completed to the City's satisfaction.