[Ord. No. 1383 §500, 1-6-2003; Ord. No. 1565 §§7, 12, 4-2-2007; Ord.
No. 1585 §3, 12-3-2007; Ord. No. 1690 §2, 9-7-2010; Ord.
No. 1694 §2, 9-20-2010; Ord. No. 1719 §3, 9-19-2011; Ord. No. 1720 §2, 9-19-2011]
The special use standards of this Section shall apply to permitted,
conditional and accessory uses as noted.
A.
Agriculture, General. General agriculture shall require
a minimum site area of three (3) acres.
B.
Adult Entertainment Establishment.
1.
Separation from other uses. No adult entertainment
establishment shall be permitted within one thousand two hundred fifty
(1,250) feet of any residential-zoned lot, religious assembly, school,
park and recreation use or child care center. This separation distance
shall be measured as a straight line, without regard to intervening
properties, from the nearest exterior wall of the adult entertainment
establishment to the nearest lot line of the lot that is zoned residential
or that contains the religious assembly, school or park and recreation
use.
2.
Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate
or expand within one thousand two hundred fifty (1,250) feet of any
other adult entertainment use.
3.
Frontage and access. Adult entertainment establishments
shall have at least one hundred (100) feet of street frontage on an
arterial street. All vehicle access shall be taken from an arterial
street.
4.
Screening. The lot that the use is located on shall be screened by solid masonry wall at least six (6) feet in height along all interior lot lines. A wall shall not be required in those areas where complete visual screening already exists. The use shall also include "Buffer D" as set forth in Section 405.230.
5.
Building and parking area setbacks. The minimum
exterior setback for the building that the establishment is located
within and the off-street parking serving the establishment shall
be twenty (20) feet. The minimum interior setback for the building
that the establishment is located within and the off-street parking
serving the establishment shall be ten (10) feet.
6.
Windows and doors. The building that the adult entertainment
is located within shall be designated in such a fashion that all openings,
entries and windows prevent views into such establishments from any
sidewalk, walkway, street or other public area. Further, no merchandise
or pictures or products or entertainment on the premises shall be
displayed in window areas or any area where such merchandise or pictures
can be viewed from the sidewalk in front of the building. No adult
entertainment activity shall take place outside the building containing
the adult entertainment establishment.
C.
Animal Care, General And Kennels. All outdoor animal runs, pens or enclosures shall be located at least seventy-five (75) feet from lot lines abutting "R-2" or less intensive zoning districts. Kennels shall require a minimum lot size of three (3) acres. Animal care shall be subject to the operational performance standards of Section 405.235.
D.
Cemeteries. The following standards shall apply to cemeteries,
crematories and mausoleums:
1.
Entrances. All cemeteries, crematories and mausoleums
shall provide entrances on an arterial or collector street with ingress
and egress so designed as to minimize traffic congestion.
E.
Communication Towers. Communication towers shall be subject
to the following standards:
1.
Principal use. Communication towers shall always
be considered a principal use. They may be located on lots occupied
by another principal use.
2.
Setbacks.
a.
The minimum setback between communication towers and all property
lines shall be equal to twenty percent (20%) of the height of the
tower;
b.
Communication towers shall be set back a minimum of fifty (50) feet
away from any existing or planned right-of-way;
c.
Communication towers shall be set back a minimum of one hundred (100)
feet from the lot line of any "R-3" or less intensive zoning district;
and
d.
Peripheral supports and guy anchors for communication towers may
be located within required setbacks, provided that they shall be located
entirely within the boundaries of the property that the tower is located
on and shall be located no closer than five (5) feet from any lot
line, and no closer than ten (10) feet from the lot line of an "R-3"
or less intensive zoning district.
3.
Height. The principal support structure for communication
towers shall be permitted to exceed the height limit of the zoning
district that it is located within, provided that the setback standards
of this Section shall apply.
4.
Security fences and walls. A fence or wall not less
than seven (7) feet in height from finished grade shall be constructed
around each communication tower, around each guy anchor or peripheral
support and around any associated accessory building. The fence or
wall shall comply with the following standards;
a.
Access to the tower shall be through a locked gate in the required
fence or wall;
b.
If the communications tower is adjacent to a residential zoning district
or a lot occupied by a residential dwelling unit, the required fencing
shall consist of a masonry wall or solid fence with trees and shrubs
planted along the exterior of the fence or wall. At least one (1)
tree and one (1) shrub shall be required for each thirty (30) linear
feet of fence line; and
c.
If high voltage is necessary for the operation of the communication
tower and it is present in a ground grid or in the tower, signage
consistent with the National Electric Code will be required.
5.
Airport approach paths. Communication towers shall
not encroach into or through any established public or private airport
approach as established by the Federal Aviation Administration (FAA).
6.
Removal of obsolete towers. All obsolete or unused
communication towers shall be removed within six (6) months of cessation
of use.
7.
Electromagnetic radiation. Communication towers
shall comply with all applicable Federal Communication Commission
(FCC) standards for non-ionizing electromagnetic radiation (NIER).
F.
Compost Facility. The following standards shall apply to
all compost facilities:
1.
Landscape buffer. Compost facilities shall be subject to the landscape buffer standards of Section 405.230, provided that the decision-making body may require a greater buffer to protect adjacent property from adverse visual and/or other impacts associated with a specific compost facility.
2.
Traffic circulation. The operation shall provide
entrances on arterial or collector streets only with ingress and egress
so designed as to minimize traffic congestion. No more than one (1)
vehicle entrance shall be allowed for each six hundred sixty (660)
feet of lot frontage on a public street. There shall be enough room
on-site to accommodate peak traffic volume and company vehicles.
3.
Storage bins. Storage bins or trailers will be allowed
to be stored on-site as an ancillary use, providing they are durable,
covered and meet the same setbacks required for the structure on the
site. The bins shall be completely screened from view from off-site.
4.
Setbacks. Structures shall be set back at least
one hundred (100) feet from all lot lines and at least three hundred
(300) feet from the lot line of "R-2" or less intensive property.
5.
Hours of operation. Uses shall not operate before
sunrise or after sunset. When located within one thousand (1,000)
feet of "R-2" or less intensive zoning, the use shall not operate
after 7:00 P.M. or before 8:00 A.M.
6.
Paving. All roads, driveways, parking lots and loading/unloading
areas shall be graded and paved with an approved concrete or asphalt/concrete
surface.
7.
Stormwater management. A stormwater management plan
may be required at the discretion of the City Engineer.
8.
Litter control. The operation shall be continually
attended by the owner/operator on days of operation to maintain the
property in a clean, litter-free condition.
9.
Hazardous material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except substances used for the operation of the facility such as fuel shall be subject to the operational performance standards of Section 405.235.
10.
Material. No food scraps (except for vegetable scraps)
or other vermin-attracting materials shall be processed, stored or
disposed of on the site of a compost facility. Only yard/garden wastes
are allowed as compost material.
G.
Convalescent Care. At least seventy (70) square feet of
usable outdoor open space shall be provided for each patient bed.
This required open space may be designed to provide outdoor space
for recreational activities or landscaped outdoor sitting areas.
H.
Day Care (Limited, General And Commercial).
1.
Day care, limited (4 — 6) children. Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section 405.210(D). An occupational license shall be required prior to the establishment of a limited day care.
2.
Day care, general (7 — 10). General day care
uses shall be conducted in a dwelling unit that is occupied as a permanent
residence by the day care provider.
a.
State licensing. General day care uses shall be
licensed by the State of Missouri and shall meet all City, County
and State Health Department requirements pertaining to facilities,
equipment and other features. Overlap care for up to three (3) persons
shall be allowed if approved as part of the license issued by the
State.
b.
Residential districts. In the "R-3" and more restrictive
districts, general day care uses shall be conducted in a dwelling
unit that is occupied as a permanent residence by the licensed day
care provider.
c.
Occupational license. An occupational license shall
be required prior to the establishment of a general day care.
d.
Conditional use permit. In those instances that
a conditional use permit is required, the initial conditional use
permit shall be issued for a period not to exceed one (1) year. The
conditional use permit may be renewed if the operator applies for
renewal before the active permit expires.
3.
Day care, commercial.
a.
State licensing. Commercial day care uses shall
be licensed by the State of Missouri and shall meet all City, County
and State Health Department requirements pertaining to facilities,
equipment and other features.
b.
Occupational license. An occupational license shall
be required prior to the establishment of a commercial day care.
c.
Vehicle drop-off area. A loading zone capable of
holding one (1) car per ten (10) licensed occupants shall be provided
in addition to the required parking area in order to provide for easy
pickup and discharge of passengers.
I.
Golf Courses.
1.
Location of restaurants. Facilities such as restaurants
and bars shall be allowed when an integral part of a principal clubhouse
building, provided that restaurant signage not exceed six (6) feet
in height and is not illuminated.
2.
Location of recreation facilities. Buildings, swimming
pools, tennis courts and similar recreational facilities shall be
set back at least twenty-five (25) feet from the property line of
any "R-2" or less intensive district.
J.
Group Home (Limited Or General). Group homes shall be subject
to the following standards only when located in an "R-3" or more restrictive
district.
1.
Spacing. A group home to be located within a residential
zoning district shall not be located within one thousand three hundred
twenty (1,320) feet of another group home, measured as the shortest
distance between any portion of the structure where persons reside.
2.
Exterior appearance. There shall be no alteration
of the exterior of the group home that shall change the character
thereof as a single-family residence if it is in an "R-2" or more
restrictive district. There shall be no alteration of the property
where the group home is located that will change the character thereof
as property within a single-family dwelling district if it is in an
"R-2" or more restrictive district.
3.
Neighborhood character. A group home constructed
in an "A-1", "R-1" or "R-2" District shall be constructed to be compatible
with the architectural character of the neighborhood that it is located.
K.
Hospitals And Charitable Institutions. Hospitals and charitable
institutions shall provide entrances on arterial or collector streets
only with ingress and egress so designed as to minimize traffic congestion.
L.
Landfills And Mining And Quarrying. Landfills and mining
and quarrying uses shall be subject to the following standards:
1.
Minimum site area. In the "A-1" District, the uses
shall require a minimum site area of thirty-five (35) acres.
2.
Entrances. There shall be no more than one (1) entranceway
from a public street for each six hundred sixty (660) feet of street
frontage. Total entranceways from any one (1) public street shall
not exceed two (2). A traffic report shall be required.
3.
Hours of operation. Uses shall not operate before
sunrise or after sunset if located within one thousand (1,000) feet
of "R-2" or less intensive property.
4.
Separation from residential. No digging or excavating
shall occur within one hundred (100) feet of any lot line or within
three hundred (300) feet of the lot line of "R-3" or less intensive
property.
5.
Paving. All roads, driveways, parking lots and loading
and unloading areas within five hundred (500) feet of any lot line
shall be graded and paved with an approved concrete or asphalt/concrete
surface as to limit adjoining lots and public roads the nuisance caused
by wind-borne dust.
6.
Slopes. The slope of material in any excavation
shall not exceed the normal angle of repose or fifty-five degrees
(55°), whichever is less.
7.
Buffers and fences. When any open excavation will have a depth of ten (10) feet or more and create a slope of more than thirty degrees (30°), there shall be erected a fence of not less than six (6) feet in height with suitable gates where necessary effectively blocking access to the area that such excavation is located. Such fences shall not be located fifty (50) feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than one hundred (100) feet apart to be visible along the entire length of said fences. A buffer shall be provided around the site in accordance with the standards of Section 405.230.
8.
Stormwater management. A stormwater management plan
shall be required.
9.
Site restoration. The following restoration requirements
shall apply to all excavation uses, provided that landfills shall
instead be subject to State and Federal requirements.
a.
Restoration plan. Before approval of a conditional
use permit for an excavation use, the operator shall submit to the
Zoning Officer a detailed plan for restoration of the site, including
information on the anticipated future use of the restored land, existing
and proposed final contours with an interval of no more than five
(5) feet. The plan shall include type and number per acre of trees
or shrubs to be planted and the location of future roads, drives,
drainage courses or other improvements contemplated.
The restoration plans shall be filed with and approved by the
Planning and Zoning Commission before quarrying or removal operations
begin. The plans shall be prepared by a soil or geological engineer.
b.
Bonds. Before issuance of any conditional use permit,
the owner shall execute a bond sufficient to ensure restoration of
the site in accordance with the approved restoration plan. Such bonds
shall also be approved by the Planning and Zoning Commission as to
form, sufficiency and manner of execution and shall run for the same
term as the term of the conditional use permit and any renewals.
c.
Water quality. In restoration, no filling operations
shall be permitted that will likely result in contamination of ground
or surface water, or soils, through seepage of liquid or solid waste
or that will likely result in the seepage of gases into surface or
subsurface water or into the atmosphere.
d.
Appearance. The restoration plan shall provide that
all areas within any single development be rehabilitated progressively
as they are worked out or abandoned to a condition of being entirely
lacking in hazards, inconspicuous and blended with the general surrounding
ground form so as to appear reasonably natural or they shall be restored
pursuant to an approved restoration plan.
e.
Top soil and fills. Where topsoil is removed, sufficient
arable soil shall be set aside for reclamation of the premises and
shall be respread over the premises after the operation. The area
shall be brought to final grade by a layer of earth of two (2) feet
or original thickness, whichever is less, capable of supporting vegetation.
The area shall be seeded or sodded in a manner approved by the Planning
and Zoning Commission. Fill shall be of a suitable material approved
by the Planning and Zoning Commission.
f.
City, County, State and Federal standards. All operations
shall be licensed if required, have proper permits from the Missouri
Department of Natural Resources and shall meet all City, County and
Federal Health Department requirements pertaining to facilities, equipment
and other features.
M.
Manufactured Housing Development. Manufactured housing units
shall be located only in manufactured housing subdivisions that comply
with the following standards.
2.
Streets. Private streets shall be permitted within
manufactured housing subdivisions, provided that they comply with
all design standards for public improvements of the City of Oak Grove.
Street signs that comply with all applicable City standards shall
be provided by the developer.
3.
Parking. A minimum of two (2) exterior off-street
parking spaces shall be provided for each dwelling unit within the
manufactured housing subdivision. Head-in parking bays may be permitted
on private streets but shall be limited to cul-de-sac bays or other
local street where fast-moving traffic will not be a hazard. All common
parking areas shall be paved in accordance with City standards, including
parking spaces on individual manufactured housing spaces.
4.
Recreation and open space. If a recreation and open
space is designated, it should meet open space requirements of the
underlying district. However if the recreation and open space is proposed
as part of a planned unit development, then at least five hundred
(500) square feet of common recreation and open space shall be provided
per manufactured housing site in the manufactured housing subdivision.
Such recreation and open space area shall be located no further than
five hundred (500) feet from any manufactured housing site served.
Streets, sidewalks, parking areas and accessory buildings are not
to be included as recreation space in computing the necessary area.
5.
Walkways. Walkways shall be required on both sides
of all interior streets and accessways and shall provide connections
between manufactured housing units and common areas such as recreational
areas and laundry facilities. Walkways shall not be less than four
(4) feet in width and shall meet the design and construction requirements
of the City of Oak Grove.
6.
Water supply. All manufactured housing subdivisions
shall be connected to a public water supply. The individual water
service connections shall be provided at each manufactured housing
space and the size, location and installation of water lines shall
be in accordance with the requirements of the City's adopted Plumbing
Code and other applicable laws.
7.
Sewage disposal. Individual sewer connections shall
be provided for each manufactured housing subdivision and shall be
installed in accordance with the City's adopted Plumbing Code and
other applicable laws. All manufactured housing subdivisions shall
be connected to a public sewer system.
8.
Storm drainage facilities. Drainage facilities shall
be so constructed as to protect those that will reside in the manufactured
housing subdivision, as well as the property owners adjacent to the
manufactured housing subdivision. Such facilities shall be of such
capacity to insure rapid drainage and prevent the accumulation of
stagnant pools of water in or adjacent to the subdivision and shall
comply with all applicable City standards.
9.
Underground utilities. All electric, telephone and
other lines within or to each manufactured housing site shall be underground.
10.
Fire protection. Manufactured housing subdivisions
shall be equipped at all times with fire extinguishing equipment in
good working order of such type, size and number and so located within
the park to satisfy regulations of the State Fire Marshall and the
District Fire Chief.
11.
Flammable liquid storage. The use of individual
fuel oil or propane gas storage tanks to supply each manufactured
housing unit separately shall be prohibited. Any fuel oil or gas storage
shall be centrally located in underground tanks at a safe distance
from any manufactured housing site. All fuel lines leading to the
park and to manufactured housing sites shall be underground and so
designed as to conform to the City Building Code and any State codes
that are applicable. When separate meters are installed, each shall
be located in a uniform manner.
12.
Solid waste. All garbage and trash containers shall
be placed in a conveniently located, similarly designed and enclosed
structure. The removal of trash shall take place not less than once
a week. Individual incinerators shall be prohibited.
14.
Emergency warning system. A fee for each unit shall
be assessed for the creation and maintenance of an emergency warning
system.
15.
Storm shelters. Any manufactured housing subdivision
with more than twelve (12) units must provide a storm shelter designed
to national standards and with a capacity equal to at least seventy-five
percent (75%) of the units within the development.
N.
Mobile Home Development. Mobile homes shall be located only
in mobile home parks that comply with the following standards.
2.
Streets. Private streets shall be permitted within
mobile home parks, provided that they comply with the design standards
of the City of Oak Grove. Street signs that comply with all applicable
City standards shall be provided.
3.
Parking. A minimum of two (2) exterior off-street
parking spaces shall be provided for each dwelling unit within the
mobile home park. Head-in parking bays may be permitted on private
streets but shall be limited to cul-de-sac bays or other local street
where fast-moving traffic will not be a hazard. All common parking
areas shall be paved in accordance with City standards, including
parking spaces on individual mobile home spaces.
4.
Recreation and open space. If a recreation and open
space is designated, it should meet open space requirements of the
underlying district. However if the recreation and open space is proposed
as part of a planned unit development, then at least five hundred
(500) square feet of common recreation and open space shall be provided
per mobile home site in a mobile home park. Such recreation and open
space area shall be located no further than five hundred (500) feet
from any mobile home site served. Streets, sidewalks, parking areas
and accessory buildings are not to be included as recreation space
in computing the necessary area.
5.
Walkways. Walkways shall be required on both sides
of all interior streets and accessways and shall provide connections
between mobile home units and common areas such as recreational areas
and laundry facilities. Walkways shall not be less than four (4) feet
in width and shall meet the design and construction requirements of
the City of Oak Grove.
6.
Water supply. All mobile home parks shall be connected
to a public water supply. The individual water service connections
shall be provided at each mobile home space and the size, location
and installation of water lines shall be in accordance with the requirements
of the adopted City's Plumbing Code and any other applicable codes.
7.
Sewage disposal. Individual sewer connections shall
be provided for each mobile home park and shall be installed in accordance
with the adopted City's Plumbing Code and any other applicable laws.
All mobile home parks shall be connected to a public sewer system.
8.
Storm drainage facilities. Drainage facilities shall
be so constructed as to protect those that will reside in the mobile
home park, as well as the property owners adjacent to the mobile home
park. Such facilities shall be of such capacity to insure rapid drainage
and prevent the accumulation of stagnant pools of water in or adjacent
to the park and shall comply with all applicable City standards.
9.
Underground utilities. All electric, telephone and
other lines within or to each mobile home site shall be underground.
10.
Fire protection. Mobile home parks shall be equipped
at all times with fire extinguishing equipment in good working order
of such type, size and number and so located within the park to satisfy
regulations of the State Fire Marshall and the District Fire Chief.
11.
Flammable liquid storage. The use of individual
fuel oil or propane gas storage tanks to supply each mobile home unit
separately shall be prohibited. Any fuel oil or gas storage shall
be centrally located in underground tanks at a safe distance from
any mobile home site. All fuel lines leading to park and to mobile
home sites shall be underground and so designed as to conform to the
City Building Code and any State codes that are applicable. When separate
meters are installed, each shall be located in a uniform manner.
12.
Solid waste. All garbage and trash containers shall
be placed in a conveniently located, similarly designed, enclosed
structure. The removal of trash shall take place not less than once
a week. Individual incinerators shall be prohibited.
13.
Landscaping, fencing and screening. A landscape buffer that complies with the standards of Article VI, General Development Standards, Section 405.230 Landscaping and Buffering of this Zoning Code shall be provided and maintained along all boundaries of a mobile home park except at established entrances and exits.
14.
Mobile home spaces within mobile home parks. Individual
mobile home units within mobile home parks shall comply with the standards
in this Section.
a.
Minimum size of mobile home space. Each mobile home
space within a mobile home subdivision shall contain at least three
thousand (3,000) square feet of site area and be at least forty (40)
feet in width.
b.
Access. Each space shall have access to a paved
interior roadway. In no case shall access to mobile home spaces be
provided from abutting property.
c.
Clearance. Each space shall be located so that at
least ten (10) feet of clearance will be maintained between mobile
home units and other structures in the subdivision.
d.
Setbacks. Mobile home units shall be located at least fifty (50) feet away from the centerline of interior streets and accessways. Mobile home units shall also comply with the perimeter setbacks of Section 405.205(N)(1) of this Zoning Code.
e.
Skirting. Uniform skirting of each mobile home base
shall be required within thirty (30) days of placement of the mobile
home unit. Such skirting shall match the predominant color of the
unit and be of twenty-six (26) gauge solid sheet metal, aluminum or
other non-corrosive metal or material of equal strength and so constructed
and attached to this mobile home unit so as to deter and prevent entry
of rodents and insects.
f.
Stands. Each mobile home site shall be provided
with a stand consisting of a solid concrete pad not less than four
(4) inches thick and not more or less than the length and width of
the mobile home to be placed upon it. This pad shall be so constructed,
graded and placed to be durable and adequate for the support of the
maximum anticipated load during all seasons.
g.
Tie-downs. Each mobile home unit shall be supported
on uniform jacks or locks and tied down as required by the City Code
and State law.
h.
Outdoor patio. An all-weather hard surfaced outdoor
patio area of not less than one hundred eighty (180) square feet shall
be provided at each mobile home site, conveniently located to the
entrance of the mobile home and appropriately related to open areas
of the lot and other facilities to provide suitable outdoor living
space to supplement the limited interior spaces of a mobile home.
This area shall not be used for the parking of vehicles or as a substitute
for required parking areas.
i.
Canopies and awnings. Canopies and awnings may be
attached to any mobile home unit. If enclosed and used for recreation,
living or storage purposes, such use shall be considered as part of
the manufactured home and a permit issued by the Codes Administrator
required
j.
Utility hookup. Each space shall have hookup facilities
for water, sewer, electricity, telephone and cable TV service. All
occupied mobile homes shall have and use sanitary facilities contained
wholly within the mobile home.
15.
Storm shelters. Any mobile home subdivision with
more than twelve (12) units must provide a storm shelter designed
to national standards and with a capacity equal to at least seventy-five
percent (75%) of the units within the development.
O.
Multi-Family. Multi-family development shall be subject to the following design guidelines and standards when located as the only use in a residential district. See Section 405.205(X) when multi-family development is located in the "C-2" District.
1.
Site plan and design review. Multi-family development shall be subject to site plan and design review in accordance with the procedures of Section 405.100.
2.
Natural features and environment. Each site should
be designed to preserve natural features and environmental resources,
such as:
3.
Cut and fill. Excessive cut and fill are unacceptable.
The site plan should preserve the natural topography of the site and
meet the Uniform Building Code.
4.
Storm drainage facilities. Drainage facilities shall
be so constructed as to protect those that will reside in the multi-family
development, as well as the property owners adjacent to the multi-family
development. Such facilities shall be of such capacity to insure rapid
drainage and prevent the accumulation of stagnant pools of water in
or adjacent to the park and shall comply with all applicable City
standards.
5.
Building separation. All buildings shall be separated
by a minimum distance of fifteen (15) feet.
6.
Lot coverage. Each site plan should be designed
to reflect unique site characteristics and strong neighborhood environments
without overcrowding the site.
7.
Access. All multi-family residential developments
must have direct vehicular access to collector, arterial or higher
classification streets. Multi-family residential development shall
not take access to local streets.
8.
Open space. Open space should be provided to meet
active and passive use requirements of the neighborhood.
a.
At least ten percent (10%) of the total site area shall be set aside
as common open space. The common open space area shall be suitable
for active or passive recreational use. Common open space areas should
be centrally placed within the neighborhood. Common open space may
include pools, tennis courts and tot lots. Common open space may not
be counted toward nor located in required zoning district setbacks.
b.
In addition to the requirements of paragraph (a) above, a minimum
of sixty (60) square feet of private open space shall be provided
for each ground level dwelling unit and each dwelling unit that is
accessible from a walkout basement. Private areas should allow only
limited access and be enclosed to ensure privacy. Private areas typically
include yards, balconies and patios.
9.
Building clustering. Unusable and unassigned open
space surrounding buildings should be reduced by clustering buildings.
Buildings should be clustered around a central common area and not
have the primary orientation directed toward the parking area.
10.
Building orientation.
11.
Vehicular circulation and parking.
a.
Street layout. The layout of streets should provide
for safe operation of vehicles within the neighborhood. Excessively
straight and wide streets encourage high speed traffic and should
be avoided. Curvilinear designs, reduced street widths and cul-de-sacs
create stronger neighborhood environments.
b.
Parking area layout. Double loaded parking areas
along private streets or drives are generally not acceptable. Parking
areas should be clustered and separated from the street.
c.
Parking enclosures. Parking enclosures should be
designed and sited so as to complement the primary structures and
to provide visual relief from extensive pavement areas.
12.
Pedestrian circulation.
a.
Pedestrian linkages. Pedestrian circulation systems
(sidewalks, walkways and paths) shall be located and designed to provide
physical separation from vehicles along all public and private streets
and within any parking area.
b.
Pedestrian access should be designed to provide reasonable linkages
of dwelling units to neighborhood facilities such as recreation, services,
mail and parking.
c.
Landscaping details. Pedestrian systems should incorporate
landscaping details to increase the visual interest and character
of the neighborhood.
13.
Landscaping. Landscaping should be designed in sufficient form, quantity and location to reduce, to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identity. All landscape and buffer areas must conform to the requirements of Section 405.230.
14.
Architectural design. The architecture of multi-family
housing is a key element in determining the character of a neighborhood.
The architecture should create a strong feeling of identity through
design principles of scale, harmony, rhythm and balance.
a.
Elongated sites with rectangular, double-loaded building footprints
should be avoided. These designs typically lack interest and fail
to create a strong sense of neighborhood.
b.
The architectural design of each unit or building should impart a
feeling of neighborhood scale. Units should be designed with vertical
and horizontal offsets to break up roof lines, define private outdoor
areas, allow greater views and admit light and air to unit interiors.
Large, blank wall surfaces should be avoided. Windows and projecting
wall surfaces should be used to break up larger wall surfaces and
establish visual interest.
c.
The same level of architectural design and quality of materials should
be applied to all sides of the building. The side and rear elevations,
garages, carports and all accessory structures should maintain the
same level of design, aesthetic quality and architectural compatibility.
d.
Screening from the street of all outdoor refuse areas, ground-mounted
mechanical equipment, utilities and banks of meters shall be provided.
The screening of these items is to be architecturally compatible with
major building components and may include landscaping.
P.
Recreation And Entertainment, Outdoor. Outdoor recreation
and entertainment uses shall be located on arterials or collectors.
Activity areas available to the public shall be located at least two
hundred (200) feet from any adjacent "R-2" or less intensive district.
Q.
Religious Assembly.
1.
Entrances. Any lot containing a religious assembly
use shall have direct access to a collector or arterial street.
2.
Utilities. All utilities shall be located underground.
3.
Bus parking. Any parking area used for the overnight parking of buses and vehicles shall be located at least one hundred (100) feet from the lot line of a lot zoned "R-1" or less intensive. Any such parking area shall be screened from view of adjacent "R-1" and less intensive districts by a landscape buffer that complies with the standards of Section 405.230.
R.
Salvage Yards. The following standards shall apply to salvage
yards, scrap and waste material storage yards, auto wrecking and junk
yards.
1.
Separation from residential. No salvage yard shall
be located within five hundred (500) feet of an "R-3" or less intensive
district.
2.
Screening. The operation shall be conducted wholly
within a non-combustible building or within an area surrounded on
all sides by a fence or wall at least eight (8) feet in height. The
fence or wall shall be of a uniform height, uniform texture and color
and shall be so maintained by the proprietor as to insure maximum
safety to the public, obscure the materials from normal view of the
public, and preserve the general welfare of the neighborhood. The
fence or wall shall be installed in a way that retains all scrap,
junk or other materials within the yard. No scrap, junk or other salvaged
materials may exceed the height of this enclosing fence or wall. Fences
or walls shall not be required in those instances where complete visual
screening of the operation is already in place by way of natural or
human-made features.
3.
Loading/unloading. No material shall be loaded,
unloaded or otherwise placed either temporarily or permanently outside
the enclosed building, fence or wall or within the public right-of-way.
S.
Single-Family Attached. Single-family attached development shall be subject to the standards of the underlying zoning district, as modified by the following standards, when located as the only use in a residential district. See Section 405.205(X) when single-family development is located in the "C-2" District.
1.
Lot width. Each single-family attached dwelling
unit shall be located on an individual lot having a minimum width
of fifty (50) feet.
2.
Building coverage. Single-family attached dwelling
units shall be exempt from the building coverage standards of the
underlying zoning district.
3.
Setbacks. No interior side setback shall be required
on the "attached" side of a lot containing a single-family attached
dwelling unit. The interior setback standards of the underlying zoning
district shall apply to "end" units in a single-family attached development.
End units are those that are attached to other dwelling units only
on one (1) side.
T.
Solid Waste Collection/Processing Facilities. The following
standards shall apply to solid waste collection/processing facilities.
1.
Screening. The operation shall be conducted wholly
within a non-combustible building or within an area surrounded on
all sides by a fence or wall at least eight (8) feet in height. The
fence or wall shall be of uniform height, uniform texture and color
and shall be so maintained by the proprietor as to insure maximum
safety to the public, obscure the materials from normal view of the
public, and preserve the general welfare of the neighborhood. The
fence or wall shall be installed in a way that retains all scrap or
other materials within the yard. No scrap or other salvaged materials
may exceed the height of this enclosing fence or wall. Fences or walls
shall not be required in those instances where complete visual screening
of the operation is already in place by way of natural or human-made
features.
2.
Traffic circulation. The operation shall provide
entrances on arterial or collector streets only with ingress and egress
so designed as to minimize traffic congestion. There shall be enough
room on-site to accommodate peak traffic volume and company vehicles.
A traffic analysis shall be required.
3.
Storage bins. Storage bins or trailers will be allowed
to be stored on-site as ancillary use, provided they are durable,
covered and meet the same setbacks required for the structure on the
site. The bins shall be screened from view off-site as part of the
operation.
4.
Loading/unloading. No solid waste or other materials
shall be loaded, unloaded or otherwise placed either temporarily or
permanently outside an enclosed building, fence or visually screened
area or within the public right-of-way, except the use of storage
bins placed on the outside of an enclosed building for recycling.
The operation shall be attended on days of operation to maintain the
property in a clean, litter-free condition.
5.
Separation from residential. No structures shall
be located within five hundred (500) feet of "R-3" or less intensive
property.
6.
Hours of operation. Uses shall not operate before
sunrise or after sunset if located within one thousand (1,000) feet
of "R-3" or less intensive zoning.
7.
Paving. All roads, driveways, parking lots and loading/unloading
areas shall be graded and paved with an approved concrete or asphalt/concrete
surface.
8.
Stormwater management. A stormwater management plan
may be required at the discretion of the City Engineer.
9.
Other regulations. All operations shall be licensed
if required, have proper permits from the Missouri Department of Natural
Resources and shall meet all City, County, State and Federal Health
Department requirements pertaining to facilities, equipment and other
features.
10.
Time limit and renewal of conditional use permit. The conditional use permit shall be effective for one (1) year,
at that time it may be renewed in accordance with procedures applicable
to the original approval. If renewed, a new time limit on the conditional
use permit shall be established at the public hearing. The conditional
use permit shall be revoked if it is determined by the Zoning Officer
that the use is creating a nuisance for nearby residents or businesses
or is failing to comply with the conditions imposed on the operation.
U.
Transitional Living Centers. Transitional living centers
shall be subject to the following standards.
1.
Size. No more than ten (10) persons, including staff,
shall reside in the center at one time.
2.
Separation. No transitional living center shall
be located within one thousand five hundred (1,500) feet of any other
transitional living center or substance abuse treatment facility,
nor shall a transitional living center be located within three hundred
(300) feet of any religious assembly, school, park, licensed child
care facility or "R-3" or less intensive property.
V.
Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards and Vehicle Repair (General). All vehicle and equipment storage areas and parking areas must be hard-surfaced (with asphalt or concrete), dust-free and landscaped in accordance with Section 405.215(K). Storage areas for vehicles parked and displayed for sale, storage or repair located adjacent to SW 1st Street covered with gravel or other approved material prior to January 1, 2019, may continue to be covered with gravel or other approved material rather than hard-surfaced subject to such conditions that may be imposed pursuant to the issuance of a conditional use permit, including, but not limited to, requirements for a minimum base material and depth to ensure the area is sufficient to support the storage of such vehicles and equipment and requirements necessary to reduce dust that may result from the use of gravel or other approved material rather than a hard surface. Storage areas for such vehicles and equipment parked and displayed for sale shall not be subject to screening requirements for District M-1 in Section 405.185.
[Ord. No. 1931, 1-7-2019]
W.
Service Station, Automotive And Vehicle Repair (Limited). The following regulations shall apply to all automotive service
stations, vehicle repair (limited) uses and other businesses that
sell gasoline or diesel fuel and are not a "truck stop service station".
1.
A traffic study shall be required for all automotive service stations
that derive access from an arterial street or from a major collector
where the nearest driveway is within five hundred (500) feet of an
arterial street. The person preparing the report must be a registered
engineer qualified to do traffic analyses. The cost of the study shall
be borne by the applicant. The traffic study shall address potential
external and internal concerns, and the conditional use shall not
be granted unless all traffic concerns are adequately addressed to
promote safety and reasonable traffic flow.
2.
If the applicant intends to remain open for business past 10:00 P.M., the City may require that the buffer type to be located between the business and any residentially zoned property shall be a "Buffer D" as set forth in Section 405.230 if vehicle headlights from any customer's vehicles entering, parking, standing or exiting would shine onto the residentially zoned property.
3.
If the site cannot be screened from residential property such that
vehicle headlights will not shine on to residentially zoned property,
the hours of operation may be restricted to preclude operation between
the hours of 10:00 P.M. and 6:00 A.M., or any portion thereof as determined
by the Planning Commission.
4.
Applicants shall indicate whether said business will sell alcoholic beverages, maintain video games for use by customers, sell prepared food for consumption on the premises or off the premises, provide car washing services, perform mechanical repairs on motor vehicles and/or provide an automatic teller machine or sell grocery type items. The conditional use granted shall specify whether or not the business is authorized to perform any or all of these functions. In evaluating the conditional use pursuant to Section 405.095 of this Unified Development Code, the impact of any and all of the foregoing items on the surrounding area or its development may be considered. When parking is calculated for such a business, all of the various types of operations combined within that business shall be considered to assure that adequate parking is provided.
5.
The design, location, colors and screening of the gas pumps shall
be such that they are compatible with the design of the building.
X.
Accessory Residential In Downtown Commercial District.
2.
Site design review.
a.
A site plan meeting the requirements of Section 405.100 of this Unified Development Code shall be submitted and approved.
c.
All structures in the "C-2" District shall be constructed using materials,
surface textures and colors similar in nature to surrounding development.
Considerations shall be given to scale, orientation and proportion
of surrounding development. Design review shall be performed as part
of the site plan review required by the Zoning Officer.
4.
Architectural regulations.
a.
The architecture of accessory residential designed structures within
the "C-2" Commercial District is a key element of determining the
character of the neighboring area. In order to create a strong feeling
of identity customarily associated with early twentieth century downtown
shopping squares, the regulations should encourage the use of compatible
materials and scale, as well as design principles of harmony, rhythm,
balance, texture and color. For example, blank walls should be avoided
on the frontage portion of the structure. Roof lines, window and door
treatments and arrangements shall reasonably blend with the surrounding
area.
b.
Residential/commercial structures shall include, but not be limited
to, the following:
Y.
Retail Sales On "C-1", "C-2", "C-3", "M-1", Or "M-2" Property Used
As Residential. For all properties located in a "C-1", "C-2",
"C-3", "M-1", or "M-2" zoning district which contain a building used
as a dwelling; dwelling, multi-family; dwelling, patio-court home;
dwelling, single-family, attached; dwelling, single-family, detached;
or dwelling, town house; and on which there is the outdoor display,
storage, or sale of merchandise, the outdoor display, storage, or
sale of merchandise shall be allowed on no more than four (4) days
in any calendar year and shall coincide with City-wide organized outdoor
sales events.
Z.
Clubs — Under 21.
1.
Defined. A place for dancing and/or entertainment,
which does not serve alcohol to its patrons and which caters to young
adults under the age of twenty-one (21) years, including minors under
the age of eighteen (18) years.
2.
Separation from other uses. In order to minimize
the effect that music or entertainment from an Under 21 Club may have
on adjacent property, no Under 21 Club shall be located within five
hundred (500) feet of any residential-zoned lot. This separation distance
shall be measured as a straight line, without regard to intervening
properties, from the nearest exterior wall of the Under 21 Club to
the nearest lot line containing the residential-zoned lot.
3.
Standards for approval. Special uses may be approved by action of the Board of Aldermen after recommendation from the Planning Commission using the procedures and standards set forth in Section 405.095. Further, in considering any application for a conditional use permit, the Planning Commission and the Board of Aldermen may give consideration to the criteria listed in Section 405.075(K), to the extent the criteria is pertinent to the particular application.
4.
Conditions of approval. The conditions of approval,
which include, but are not limited to, the following, shall apply
during the operation of the Under 21 Club:
a.
Loitering or the creation of a public nuisance or disturbance of
the peace by any patron of the Under 21 Club on the premises or in
the immediate vicinity of the Under 21 Club shall be prohibited. Loitering
shall not include walking between the Under 21 Club building and the
patron's vehicle, nor shall it include the act of waiting in line
to gain admission to the club as long as the patrons are not creating
a public nuisance or disturbing the peace while waiting in line.
b.
The premises shall be kept free from litter resulting from the operation
of the Under 21 Club.
c.
No controlled substances shall be offered for sale or consumed on
the premises.
d.
The premises shall be illuminated adequately to ensure the safety
of the public.
e.
The business shall remove, or have removed, from the premises any
person who is or appears to be under the influence or affected by
the use of alcohol and/or drugs, or whose conduct poses a physical
danger to the safety of others present.
f.
The business shall comply with all applicable local, State, and Federal
laws and regulations.
g.
The business shall enter into and maintain sufficient off-street parking pursuant to Sections 405.215 through 405.220 of the Unified Development Code. Failure to maintain the minimum number of parking spaces at any time during the period of time the conditional use permit is effective shall result in immediate revocation of the right to utilize the property as an Under 21 Club.
AA.
Short-Term Loan Service.
1.
Separation from other uses. No short-term loan service establishment shall be allowed to locate or expand within two hundred (200) feet of any "R-1", "R-2", or "R-3" zoned lot or within two thousand five hundred (2,500) feet of any school, elementary, middle or high or parks and recreation use as those terms are defined in Section 405.500. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that is zoned "R-1", "R-2", or "R-3" or that contains the school, elementary, middle or high or parks and recreation use.
2.
Separation from other short-term loan service. No
short-term loan service establishment shall be allowed to locate or
expand within one thousand (1,000) feet of any other short-term loan
service use. This separation distance shall be measured as a straight
line, without regard to intervening properties, from the nearest exterior
wall of the short-term loan service establishment to the nearest lot
line of the lot that contains the other short-term loan service.
3.
Separation from City limits. No short-term loan
service establishment shall be allowed to locate or expand within
one thousand (1,000) feet of City of Oak Grove boundary lines. This
separation distance shall be measured as a straight line, without
regard to intervening properties, from the nearest exterior wall of
the short-term loan service establishment to the nearest City limits
boundary line.
4.
Limitation on number. Not more than one (1) conditional
use permit for a short-term loan service shall be issued per each
increment of five thousand (5,000) persons that make up the population
of the City of Oak Grove. This limitation shall be measured to allow
the first (1st) conditional use permit for a short-term loan service
to be issued after the City exceeds five thousand (5,000) persons,
and each additional conditional use permit for a short-term loan service
may only be issued when the City exceeds the next respective five
thousand (5,000) person increment. The population of the City, for
the purpose of this Section, shall be determined by the most recent
decennial census of the United States.
BB.
Massage Establishments, Bathhouses, Modeling Studios, Body Painting,
Tattoo Parlors And Body Piercing. Special uses may be approved by action of the Board of Aldermen after recommendation from the Planning Commission using the procedures and standards set forth in Section 405.095. Further, in considering any application for a conditional use permit, the Planning Commission and the Board of Aldermen may give consideration to the criteria listed in Section 405.075(K) to the extent the criteria is pertinent to the particular application.
CC.
Recreational Vehicle Park. Recreational vehicle
parks shall be subject to the following standards:
[Ord. No. 1807 §2, 11-17-2014]
1.
2.
Streets. Interior private streets shall observe
the following minimums:
a.
Twelve (12) feet of width per each travel lane and eight (8)
feet of width per each parking lane.
b.
Improvement with approved hard surface in accordance with the
specifications of the City Engineer. In addition all streets shall
be well drained and continuously maintained in operable condition.
Interior private streets that have not been improved with approved
hard surface treatment as of January 1, 2015, may remain unimproved;
provided that at such time thereafter the recreational vehicle Park
is expanded in size, all interior private streets shall be improved
as provided herein.
3.
Parking. A minimum of one (1) off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one (1) off-street parking space per each three (3) recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park. The spaces shall meet the size and access requirements in Section 405.215 Off-Street Parking and Loading Standards. Recreational vehicle spaces shall not be required to be improved with any hard surface (bituminous surface treatment, asphalt, concrete, etc.) but shall at a minimum be covered with gravel.
4.
Recreation and open space. No less than eight
percent (8%) of the total site area shall be provided as defined recreational
space. The recreational space shall be easily accessible and shall
be improved and maintained in such a manner so as to provide adequate
recreational facilities for the residents of the recreational vehicle
park. Park owner-constructed fire pits may be allowed in the area(s)
defined as recreational space if approved in writing by the Chief
of the Sni Valley Fire Protection District.
5.
(Reserved)
6.
Water supply. The following requirements for
water supply shall apply:
a.
A water supply system shall be provided in the recreational
vehicle park for each recreational vehicle space designed to accommodate
the park user occupying a self-contained recreational vehicle or a
dependent recreational vehicle and shall be connected to the City
water supply system. The water system for a recreational vehicle park
shall be constructed and maintained in accordance with all applicable
State and local codes and regulations.
b.
Each recreational vehicle park shall be provided with one (1)
or more easily accessible water supply outlets for filling recreational
vehicle water storage tanks.
7.
Sewage disposal. The following requirements
for sewage disposal shall apply:
a.
An adequate and safe sewage disposal system shall be provided
in a recreational vehicle park. A minimum of seventy-five percent
(75%) of the recreational vehicle spaces designed to accommodate the
park users occupying a self-contained recreational vehicle or a dependent
recreational vehicle park shall have a hookup to the sewage disposal
system available at their space. The sewage disposal system shall
be permitted, constructed, inspected and maintained in accordance
with all applicable State and local codes. Connection to a City sewer
main line shall be required if any part of the park site is located
within two hundred (200) feet of the sewage main line unless the City
Engineer determines that the connection is not feasible.
b.
Each recreational vehicle park shall be provided with sanitary
dumping stations in the ratio of one (1) for every one hundred (100)
recreational vehicle spaces or fractional part thereof. Sanitary stations
shall consist of at least a trapped four-inch sewer riser pipe connected
to the sewage disposal system and surrounded at the inlet end by a
concrete apron sloped to the drain and provided with a suitable hinged
cover; and a water outlet with the necessary appurtenances connected
to the water supply system to permit periodic washdown of the immediate
adjacent areas. A sign shall be posted near the water outlet indicating
that this water is for flushing and cleaning purposes only. Sanitary
stations shall be screened from other activities by a visual barrier
such as fences, walls or natural growth and shall be separated from
any recreational vehicle space by a distance of not less than fifty
(50) feet.
8.
Electrical supply system. Each recreational
vehicle park space shall be provided with an underground electrical
system [thirty (30) amp minimum] which shall be installed and maintained
in accordance with all applicable State and local codes and regulations.
Use of private generators shall not be allowed.
9.
Underground utilities. All electric, telephone
and other lines within or to each recreational vehicle park space
shall be underground.
10.
Fire protection. Recreational vehicle parks
shall be equipped at all times with fire-extinguishing equipment in
good working order of such type, size and number and so located within
the park to satisfy regulations of the State Fire Marshall and the
Sni Valley Fire Protection District Fire Chief.
11.
Solid waste. All garbage and trash containers
shall be placed in a conveniently located, similarly designed, enclosed
structure. The removal of trash shall take place not less than once
a week. Individual incinerators shall be prohibited. The storage,
collection and disposal of solid waste in recreational vehicle parks
shall be so conducted as to create no health hazards, rodent harborage,
insect breeding areas, or accident or fire hazards. Individual or
grouped refuse containers must be screened from view except on collection
day.
12.
Landscaping, fencing and screening.
a.
A landscape buffer that complies with the standards of Article VI, General Development Standards, Section 405.230, Landscaping and Buffering, of this Zoning Code shall be provided and maintained along all boundaries of an RV park except at established entrances and exits. Adequate landscaping to enhance and beautify the recreational vehicle park as well as minimize noise and visual problems shall be provided. Special attention should be given to:
(1)
The need for landscaping to screen the perimeter
of the park from properties, view lots and public roads where it is
determined that presence of the RV park would have a negative visual
or noise impact on property owners or the value of their property
and vehicle occupants or others which might use public roads;
(2)
Provide that the developed portion of the RV park
have adequate beautification landscaping to provide users of the park
with an attractive setting for the duration of their visit.
b.
Negative visual or noise impact shall be determined by consideration
of the following non-exclusive list of factors:
(1)
Sight lines with regard to refuse storage, collection
and disposal of solid waste;
(2)
Vehicle congestion;
(3)
The availability, cost and effectiveness of the
use of trees, shrubs or other landscaping devices to minimize noise
emissions from the recreational vehicle park;
(4)
The availability and use of bonds or similar surety
devices to ensure prompt and appropriate compensation and/or nuisance
prevention in the event of visual and/or noise impact upon properties,
view lots, public roads and the citizens of Oak Grove.
13.
Spacing between units. There shall be a minimum
side-to-side dimension of eight (8) feet between units and a minimum
end-to-end dimension of ten (10) feet between units.
14.
Recreational vehicle spaces. Each recreational
vehicle space shall have a minimum width of twenty (20) feet. All
recreational vehicle spaces shall be well marked and numbered. All
spaces existing as of January 1, 2015, may remain at their existing
width.
15.
Park trailers. The following requirement shall
apply to all park trailers:
a.
Skirting. Uniform skirting of each park trailer
base shall be required within thirty (30) days of placement of the
park trailer unit. Such skirting shall match the predominant color
of the unit and be of twenty-six-gauge solid sheet metal, aluminum
or other non-corrosive metal or material or other material approved
by the City of Oak Grove and so constructed and attached to the park
trailer so as to deter and prevent entry of rodents and insects.
b.
Tie-downs. Each park trailer shall be supported
on uniform jacks or locks and tied down as required by the City Code
and State law.
c.
Outdoor patio. An all-weather, hard-surfaced
outdoor patio area of not less than one hundred eighty (180) square
feet shall be provided at each park trailer site, conveniently located
to the entrance of the park trailer to provide suitable outdoor living
space to supplement the limited interior spaces of a park trailer.
This area shall not be used for the parking of vehicles or as a substitute
for required parking areas.
16.
Storm shelters. Any recreational vehicle park
with more than twelve (12) park trailer units must provide a storm
shelter designed to national standards and with a capacity equal to
at least seventy-five percent (75%) of the park trailer units within
the development.
17.
Limit of stay. No recreational vehicle other
than a park trailer shall remain in place in a recreational vehicle
park for more than 180 days in any one-year period or longer with
the permission of the City of Oak Grove. Any action toward removal
of wheels of a recreational vehicle other than a park trailer, or
placement of the unit on a foundation, except for temporary purposes
of repair, is prohibited. No external appurtenances, such as carports,
cabanas, patios or storage facilities may be attached to any recreational
vehicle other than a park trailer while it is in the park. Park trailers
shall not be occupied continuously by the same individuals for more
than 180 days or longer with the permission of the City of Oak Grove.
18.
Quiet period. A quiet period within an RV park shall be enforced by the RV park owner and/or attendant during the period between 10:00 P.M. and 7:00 A.M. The owner of the RV park shall be legally responsible for preventing excessive and uncorrected noise as well as disorderly conduct during the quiet period. Additionally, the owner may be prosecuted under Section 405.235, Operational Performance Standards, of the City Code, which addresses offenses against the public order, for failure to enforce the quiet period or permit unreasonably loud, disturbing and unnecessary noise at any hour. Additionally, if necessary to correct excessive noise problems, be they animal or human caused, the owner of the RV park shall evict the offending individuals and their vehicles from the park if solution of the noise problem is not possible.
19.
Dogs. The owner of the RV park shall be responsible for dogs running at large outside of the RV park boundary. Failure to do so will cause the RV park owner, as well as the owner of the dog(s), to be found in violation of Section 205.190 of the City Code. Additionally, the owner of the RV park, along with the owners of a dog(s), if proven to be obnoxious, shall be considered in violation of Section 210.285 of the City Code.
20.
Full-time manager. RV parks must have a full-time
resident manager on the park site.
21.
Site plan. A site plan meeting the requirements of Section 405.100 shall be submitted and approved. Special attention should be given to:
a.
The need for landscaping to screen the perimeter of the park
from properties, view lots and public roads where it is determined
that presence of the RV park would have a negative visual or noise
impact on property owners or the value of their property and vehicle
occupants or others which might use public roads;
b.
Provide that the developed portion of the RV park have adequate
beautification landscaping to provide users of the park with an attractive
setting for the duration of their visit; and
c.
The need to minimize RV park lighting impacts on nearby meeting(s).
DD.
Recreational Vehicle Sales And Service. All recreational vehicle sales and service parking areas must be hard-surfaced (with asphalt or concrete), dust-free and landscaped in accordance with Section 405.215(K). Storage areas for Recreational Vehicles parked and displayed for sale may be covered with gravel or other approved material rather than hard-surfaced subject to such conditions that may be imposed, including, but not limited to, requirements for a minimum base material and depth to ensure the area is sufficient to support the storage of recreational vehicles and requirements necessary to reduce dust that may result from the use of gravel or other approved material rather than a hard surface. Storage areas for Recreational Vehicles parked and displayed for sale shall not be subject to screening requirements for District "M-1" in Section 405.185.
[Ord. No. 1833, 12-7-2015]
EE.
Medical
Marijuana. No Medical Marijuana Cultivation Facility, Medical Marijuana
Testing Facility, Medical Marijuana Dispensary Facility, Medical Marijuana-Infused
Products Manufacturing Facility, or Transportation Facility shall
be constructed, altered, or used without complying with the following
regulations:
[Ord. No. 1962, 12-16-2019]
1.
No new Medical Marijuana Cultivation Facility, Medical Marijuana
Testing Facility, Medical Marijuana Dispensary Facility, Medical Marijuana-Infused
Products Manufacturing Facility, or Transportation Facility shall
be initially sited within one thousand (1,000) feet of any then-existing
elementary or secondary school, day-care, or church.
For purposes of this Section:
a.
A "day-care" means a child-care facility, as defined by Section 210.201,
RSMo., that is licensed by the State of Missouri.
b.
A "elementary or secondary school" means any public school as defined
in Section 160.011, RSMo., or any private school giving instruction
in a grade or grades not higher than the twelfth (12th) grade, including
any property owned by the public or private school that is regularly
used for extracurricular activities, but does not include any private
school in which education is primarily conducted in private homes.
c.
A "church" means a permanent building primarily and regularly used
as a place of religious worship.
d.
"Then existing" means any school, day-care, or church with a written
building permit from the City to be constructed, or under construction,
or completed and in use at the time the marijuana facility first applies
for either zoning or a building permit, whichever comes first.
2.
Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor
Medical Marijuana Cultivation Facility, all marijuana facilities'
operations and all storage of materials, products, or equipment shall
be within a fully enclosed building.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or
otherwise consumed on the premises of a marijuana facility.
4.
Hours Of Operation. All marijuana facilities shall be closed to the
public, no persons not employed by the business shall be on the premises,
and no sales or distribution of marijuana shall occur upon the premises
or by delivery from the premises between the hours of 10:00 P.M. and
8:00 A.M., provided that, sales and distribution of Medical Marijuana
or any other products sold to the public through a Medical Marijuana
Dispensary may occur until Midnight on Friday and Saturday evenings.
5.
Residential Dwelling Units Prohibited. No medical marijuana business
shall be located in a building that contains a residence.
6.
Enclosed Building Required. A Medical Marijuana Testing Facility,
Medical Marijuana Dispensary Facility, Medical Marijuana-Infused Products
Manufacturing Facility, or Transportation Facility shall be entirely
within an enclosed building.
7.
Ventilation Required. All marijuana facilities shall install and
operate a ventilation system that will prevent any odor of marijuana
from leaving the premises of the business. No odors shall be detectable
by a person with a normal sense of smell outside the boundary of the
parcel on which the facility is located.
[Ord. No. 1383 §501, 1-6-2003; Ord. No. 1420 §4, 11-17-2003]
Permitted uses and approved conditional uses shall be deemed
to include accessory uses and activities that are necessarily and
customarily associated with and appropriate, incidental and subordinate
to the principal uses allowed in zoning districts. Accessory uses
and activities shall be subject to the same regulations as apply to
principal uses in each district, unless otherwise stated in this Unified
Development Code.
A.
Residential Accessory Uses. Residential uses shall include,
but not be limited to, the following accessory uses, activities and
structures:
2.
Garages, carports and off-street parking and loading area, provided
that a detached garage or carport shall not cover more than five percent
(5%) of the total lot area;
3.
Gardens;
4.
Gates and guard houses;
5.
Guest house or guest rooms, neither may include kitchen facilities,
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.
Home occupations, subject to Section 405.210(D) of the Unified Development Code;
7.
Playhouses, patios, cabanas, porches, gazebos and incidental household
storage buildings, provided that such buildings shall not cover more
than five percent (5%) of the total lot area;
8.
Radio and television receiving antennas, non-commercial broadcast radio towers and support structures, subject to the partial height exemption of Section 405.225(F) of the Unified Development Code;
9.
Recreational and play facilities for residents;
10.
Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes and in the driveways of private homes. All parking areas for recreational vehicles or equipment shall be asphalt or concrete. Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks. Recreational vehicles or equipment shall not be stored within required off-street parking spaces. No recreational vehicle shall be used for living or sleeping purposes while on the premises. Nor shall any recreational vehicle be allowed to create a public nuisance by allowing grass or weeds to grow around it, while being stored on the premises. Storage of all recreational vehicles or equipment must be in compliance with Section 405.215.
11.
Storm shelters and fallout shelters; and
12.
Other necessary and customary uses determined by the Zoning Officer
to be appropriate, incidental and subordinate to the principal use
on the lot, subject to compliance with any development and performance
standards imposed by the Zoning Officer to ensure land use compatibility.
B.
Non-Residential Accessory Uses. Non-residential uses shall
include, but not be limited to, the following accessory uses:
1.
Cafeterias, dining halls and similar food services when operated
primarily for the convenience of employees, residents, clients or
visitors to the principal use;
2.
Dwelling units, other than mobile homes, when used or intended to
be used for security or maintenance personnel;
4.
Gates and guard houses;
5.
Offices for allowed businesses and industrial uses when the office
is located on the same site as the principal use;
6.
Parking garages and off-street parking areas;
7.
Radio and television receiving antennas, non-commercial broadcast radio towers and support structures, subject to the partial height exemption of Section 405.225(F) of the Unified Development Code;
8.
Restaurants, newsstands, gift shops, swimming pools, tennis courts,
clubs and lounges when in a permitted hotel, motel or office building;
9.
Sales of goods produced as part of allowed industrial activities
when on the same site as the principal industrial use;
10.
Recycling collection stations, subject to Section 405.210(E) of the Unified Development Code;
11.
The storage of merchandise when located within the same building
as the principal business; and
12.
Other necessary and customary uses determined by the Zoning Officer
to be appropriate, incidental and subordinate to the principal use
on the lot, subject to compliance with any development and performance
standards imposed by the Zoning Officer to ensure land use compatibility.
C.
Accessory Use Development And Operational Standards. The
following standards shall apply to all accessory uses and structures
unless otherwise specifically provided.
1.
Front setback. No accessory structure, other than a fence or wall, shall be located within a required front setback. See fence regulations Section 405.245 of the Unified Development Code.
2.
Rear setback. Accessory structures shall not be
required to comply with the rear setback standard that applies to
principal uses. Accessory structures, other than fences or walls,
shall, however, be set back at least eight (8) feet from rear lot
lines and shall not be closer to the side lot line than the applicable
minimum rear setback.
3.
Side setback. No accessory structure, other than
a fence or wall, shall be located within a required side setback.
4.
Setbacks from easements. No accessory structure,
other than a fence or wall, shall be located within any platted or
recorded easement (other than a drainage easement) or over any known
utility.
5.
Height. No accessory structure shall exceed the
maximum height standards of the underlying district unless specifically
authorized.
6.
Building separation. Unless attached to the principal
structure, accessory structures shall be located at least five (5)
feet from any other structure.
7.
Building coverage. No detached accessory structure
shall cover more than ten percent (10%) of the total lot area. Accessory
buildings and structures shall be included in the calculation of total
building coverage.
D.
Home Occupations. Home occupations shall be allowed as an
accessory use in any "R-3" or less intensive zoning districts, subject
to the standards of this Section.
1.
Permit. No home occupation shall be conducted until
an application for a home occupation permit is reviewed and approved
by the Zoning Officer. A home occupation permit shall be issued only
to a resident of the dwelling unit in which the home occupation is
to be conducted. Home occupation permits shall not be transferable
and shall not run with the land; they shall expire upon the sale or
transfer of the property to a new owner.
2.
Location and size. Home occupations shall be operated
entirely within the principal residential building and shall not occupy
more than twenty-five percent (25%) of the total floor area of the
principal residential building.
3.
Outdoor storage and exterior appearance. There shall
be no visible exterior evidence of the conduct of a home occupation.
Specifically, no outdoor storage of materials or equipment shall be
permitted in conjunction with a home occupation.
4.
Employees. No person shall be engaged in such home
occupation other than a person occupying such dwelling unit as their
residence, provided that in the case of a limited day care facility,
one (1) assistant not residing in the home shall be allowed as a substitute
for the day care provider during necessary absences of the day care
provider.
5.
Operational standards. No equipment shall be used that creates a nuisance due to noise or electrical interference. Home occupations shall be subject to Section 405.235 of the Unified Development Code.
6.
Parking. Parking to serve a home occupation shall
be provided off-street, and no such parking shall be permitted within
a residential setback other than in a driveway. In no event shall
required setbacks be used for off-street parking to serve a home occupation.
7.
On-site product sales. No products shall be sold
directly to customers from the premises.
8.
Prohibited home occupations. In no event shall any
of the following uses or activities be conducted as a home occupation.
(This list is for emphasis only and does not constitute an exhaustive
list of prohibited activities.)
E.
Recycling Collection Stations. Recycling collection stations
shall be allowed as an accessory use in accordance with the following
standards.
1.
Maximum size approval required. Recycling collection stations shall be allowed as an accessory use only if it does not exceed one thousand (1,000) square feet in area and only if shown on a site plan that been reviewed and approved in accordance with Section 405.100 of the Unified Development Code.
2.
Screening. All collection stations shall be screened
from public view of adjoining properties or any street right-of-way
with a six (6) foot tall, one hundred percent (100%) opaque, solid
screen or be wholly contained within a structure.
3.
Separation from residential. Recycling collection
station structures shall be located at least one hundred fifty (150)
feet from adjacent property zoned "R-2" or less intensive.
4.
Reverse vending machines. Reverse vending machines
shall be located or soundproofed such that the noise of operation
is imperceptible from the property lines of property zoned or used
for residential purposes.
5.
Maintenance. An employee, business owner or property
owner shall be responsible for keeping the recycling site in a clean
and safe condition and shall pick up any recyclable materials that
have blown around the site or adjacent area. All materials shall be
stacked properly within a recycling bin and monitored on a frequent
basis.
6.
Hours of operation. A sign shall be posed on the
recycling enclosure stating the hours when collection of materials
may be conducted. Collection hours of recyclables shall be determined
by the Zoning Officer.
7.
Signs. A directional sign indicating the location
of the recycling structure shall be no larger than six (6) square
feet and shall be located as indicated on the site plan.
F.
Solar Energy Systems Regulations.
[Ord. No. 1784 §1, 10-21-2013]
1.
Purpose and intent. The purpose of the solar
energy systems regulations is to encourage investment in solar energy
systems in the City, both residential and non-residential, while providing
guidelines for the installation of those systems that are consistent
with the architectural, building and aesthetic standards of the community
and protect the health and safety of the public. The R-1 single-family
residence district is designed to allow low-density residential development
in an urban setting where all municipal or public services are provided.
It is intended that no uses be permitted in this district that will
tend to devalue property for residential purposes or interfere with
the health, safety, order, or general welfare of persons residing
in the district. Regulations are intended to control the density of
population, limit traffic generation, and to provide adequate open
space around buildings in the district to accomplish these purposes.
2.
Permitted uses. Small-scale solar energy systems
are allowed only as an accessory use and/or structure to a principal
use and/or structure in all zoning districts.
3.
Conditional uses. Utility-scale solar energy systems are allowed in commercial and industrial districts only after the issuance of a conditional use permit pursuant to Section 405.095 and in accordance with the intent of this Section and the issuance of a building permit.
4.
SMALL-SCALE SOLAR ENERGY SYSTEMS
SOLAR ENERGY SYSTEM
UTILITY-SCALE SOLAR ENERGY SYSTEM
Definitions. Whenever used in this Section,
the following words or phrases shall have the meanings ascribed to
them:
Any solar energy system designed for on-site consumption.
Any energy system comprised of, but not limited to, solar
cells, modules, panels, arrays, lines, pumps, batteries, mounting
brackets, framing and/or foundations used for or intended to be used
for the collection of solar energy to meet all or a significant part
of a building's energy requirements.
Any solar energy system designed for off-site consumption.
5.
Regulations applicable to all solar energy systems.
[Ord. No. 2060, 1-3-2023]
a.
All solar energy systems shall require a building permit for
the installation or alteration. The applicant shall provide the City
with an application and all information necessary to show compliance
with the current adopted Building Codes, Fire Codes, Electrical Codes
and this Unified Development Code. The applicant shall also submit
drawings of the solar energy system which have been stamped by a certified
engineer.
b.
Markings. Include notes/specifications on plans that markings
are required on interior and exterior direct current (DC) conduit,
enclosures, raceways, cables, assemblies, junction boxes, combiner
boxes and disconnects. All markings shall be capitalized with a minimum
height of three-eighths-inch white letters on a red background. The
material shall be reflective and weather resistant and state "Warning,
Photovoltaic Power Source." The following items shall be marked:
(1)
Main service disconnects interior and exterior
conduit, raceways, enclosures, and cable assemblies. Markings shall
be placed evenly ten (10) feet of straight pipe length. Marks shall
also appear within one (1) foot of turns and bends and above and below
all construction penetrations.
c.
All solar energy systems and components shall have a UL listing
and comply with the currently adopted Building Codes and currently
adopted National Electrical Codes.
d.
Solar energy systems shall be erected in a secure, wind-resistant
manner, which meets or exceeds one hundred fifteen (115) miles per
hour and be maintained in good condition.
e.
All applicants shall provide written evidence that the electric
utility service provider that serves the site has been informed of
the applicant's intent to install a solar energy system and connect
to the electricity grid. If the applicant does not intend to connect
the solar energy system to the electricity grid, the applicant shall
note said intention on the application.
f.
Solar energy systems and all components shall be accessible
for required routine maintenance without trespassing on adjoining
property or disassembling a major portion of the structure of a building
or appurtenance.
g.
The principal use of the solar energy system structure shall
be the powering of the primary structure. Incidental selling of power
back to the electric grid from the solar energy system shall not constitute
a commercial use.
h.
All abandoned or unused solar energy systems shall be removed
within six (6) months of the cessation of operations and shall provide
a letter of decommissioning.
i.
All solar energy systems shall be constructed using non-reflective
and non-glare materials.
6.
Roof-mounted solar energy systems.
[Ord. No. 2060, 1-3-2023]
a.
The placement of solar energy systems or equipment on roofs
of principal buildings is preferred and encouraged. Roof-mounted solar
energy systems located on front or side building roofs visible from
the public right-of-way shall not extend above the peak of the roof
plane on which they are mounted, and no portion of any such system
shall extend more than twenty-four (24) inches perpendicular to the
point of the roof where it is mounted.
b.
Roof-mounted solar energy system components servicing the collector
panels shall be concealed, and all exposed metal shall be finished
with similar colors to the structure on which it is mounted. All framing
shall be rust-treated or of non-rusting materials.
c.
No visible exterior plumbing or electrical lines shall be installed
in any portion of the front of the property. Aluminum trim, if used
and visible, shall be anodized or otherwise color treated to blend
into the surroundings as much as possible.
d.
Roof-mounted solar energy systems shall be located in such a
manner as to ensure emergency access to the roof, provide areas for
smoke ventilation opportunities and provide emergency egress from
the roof.
e.
Solar energy systems and all associated components shall not
be located so as to interfere with the operation of required doors,
windows or other building components. Provisions shall be made to
protect areas over doors, pedestrian and vehicular ways from sliding
snow or ice.
f.
Solar energy systems which are mounted on the rear or sides
of roofs that are pitched shall be mounted a minimum of two (2) feet
below the peak and two (2) feet above the eave of the roof, and no
portion of any such solar collector shall extend more than two (2)
feet perpendicular to the point of the roof where it is mounted.
g.
Solar energy systems may be mounted on a flat roof at an optimum
angle to the sun for maximum energy production when the building parapet
or roof design provides full screening of the solar panels from public
streets.
h.
Solar energy systems which are mounted on a flat roof without
a parapet shall be placed in the most obscure location without reducing
the operating efficiency of the collectors, such as the center of
the roof. The solar energy systems shall be installed at the same
angle or as close as possible to the pitch of the roof.
i.
In addition to other information required to be submitted with
the building permit application, the applicant shall submit the manufacturer
specifications of the solar energy system and components with the
building permit application. In addition, the applicant shall submit
building, electrical and plumbing plans necessary to show that the
roof can support the additional load, roof penetration details, including
waterproofing, curbs, flashing, etc., connections to existing plumbing
and electrical systems, ridgeline of roof and firefighter access.
7.
Ground-mounted solar energy systems.
[Ord. No. 2060, 1-3-2023]
a.
(Reserved)
b.
Ground-mounted solar energy systems shall not be allowed to
be located in the front or side yards, shall not exceed eight (8)
feet in total height and shall meet all setbacks from streets, rear
and side lot lines of the underlying zoning district.
c.
Ground-mounted solar energy systems shall be screened from view
from public rights-of-way and/or adjacent residentially zoned property;
provided that the Planning Commission may recommend and the Board
of Aldermen may approve installation of systems with limited or no
screening that will be located directly adjacent to the Interstate
Seventy (70) Corridor upon a determination that limited or no screening
is sufficient to insure compatibility with surrounding land uses based
upon factors, including, but not limited to, the types of existing
land uses in the area, zoning of nearby properties, and the topography
of the site.
d.
All lines serving ground-mounted solar energy systems shall
be installed and located underground.
e.
Ground-mounted solar energy systems shall maintain a clear brush-free
area of ten (10) feet from all sides of the system and shall not allow
weeds or grass to grow up around the system.
8.
Wall-mounted solar energy systems.
a.
Wall-mounted solar energy systems shall not extend more than
five (5) feet to the furthest extension of the solar collection panels
from the wall plane on which they are installed.
b.
Wall-mounted solar energy systems shall not be allowed to extend
into any part of the side setback and shall only be allowed to extend
a minimum of fifty percent (50%) into any required rear setback. No
part of any system shall be permitted to extend into any required
front setback.
c.
Solar energy systems and all associated components shall not
be located so as to interfere with the operation of required doors,
windows or other building components. Provisions shall be made to
protect areas over doors, pedestrian and vehicular ways from sliding
snow or ice.
G.
Micro-Wind Turbines (MWTs).
[Ord. No. 1784 §1, 10-21-2013]
1.
BLADES
LARGE/UTILITY-SCALE WIND TURBINES
SHADOW FLICKER
SMALL-SCALE/MICRO-WIND TURBINE (MWT) OR WIND ENERGY COLLECTION
SYSTEM
TOWER
Definitions. Whenever used in this Section,
the following words or phrases shall have the meanings ascribed to
them:
The aerodynamic surface that catches the wind.
A wind energy conversion system consisting of a wind turbine, tower and the associated control or conversion electronics, which has the rated capacity of more than one hundred (100) kW and which is intended to produce electricity for sale to a rate-regulated or non-regulated utility or use off site. Turbines in this category are typically grouped together to form wind farms or a wind power plant and may also be referred to as wind facilities. Large-scale wind energy collection systems are allowed in commercial and industrial districts only after the issuance of a conditional use permit in accordance with the intent of this Section, the requirements of Section 405.095, and the issuance of a building permit.
The visible flicker effect when rotating blades of the wind
generator cast shadows on the ground and nearby structures causing
a repeating pattern of the light and shadow. Significant shadow flicker
is defined as more than thirty (30) hours per year on abutting occupied
buildings.
A wind energy conversion system consisting of a wind generator,
a tower and all associated control and conversion electronics and
designed for on-site consumption. Small-scale wind energy collection
systems shall not be taller than thirty-five (35) feet in height,
shall not be allowed to be installed on less than three (3) acres,
shall meet all setback requirements of this Section and all other
applicable codes of the City of Oak Grove. Small-scale wind energy
collection systems shall not require a conditional use permit; however,
a building permit is required for all small-scale wind energy collection
systems.
The monopole freestanding or guyed wire structure that supports
a wind generator. Towers are made from tubular steel, concrete, or
steel lattice. The vertical component of a wind energy conversion
system that elevates and supports the wind turbine generator and attached
blades above the ground up out of the turbulent wind.
2.
Intent. In order to balance the need for clean,
renewable energy resources and the necessity to protect the public
health, safety and welfare of the community, the City finds that these
regulations are necessary in order to ensure that micro-wind turbines
(MWTs) and subsequent wind energy conversion systems (WECS) are appropriately
designed, sited and installed.
3.
Purpose. The purpose of this Subsection G is to provide a regulatory scheme for the construction and operation of MWTs, provide electricity up to ten (10) kilowatts, subject to reasonable restrictions, which will preserve the public health and safety and minimize the visual, environmental and operational impacts of MWTs on the City and its residents.
4.
Findings. The City finds that wind energy is
an abundant, renewable and non-polluting energy resource and that
its conversion to electricity will reduce our dependence on non-renewable
energy resources and decrease air pollution that results from the
use of conventional energy sources. MWTs also enhance the reliability
and power quality of the power grid, reduce peak power demands and
help diversify the State's energy supply portfolio.
5.
Required submittal information. The following
information may be additionally required with any CUP application
that includes a MWT:
a.
Standard engineering drawings of the MWT structure, including
the tower, base and footing. Engineering drawings of access roads.
An engineering analysis and certification of the tower showing compliance
with all local, State and Federal laws, standards and regulations
and the applicable building code(s).
b.
Data pertaining to the tower's safety and stability, including
safety results from test facilities.
c.
A survey map at an appropriate scale showing the proposed location
of the MWT (including access roads) as it relates to the boundaries
of the parcel, adjacent ownerships and existing residences, schools,
churches, hospitals or libraries to a distance of two thousand (2,000)
feet.
d.
Description of compliance with all applicable Federal, State
or local laws and regulations, including Section 386.890, RSMo., also
known as the "Net Metering and Easy Connection Act" and 4 CSR 240-20.065,
if applicable, and including all provisions within this zoning Chapter.
e.
A description of the safety precautions provided in order to
ensure that the structure will not be detrimental to adjacent properties
in the case of high winds and/or if the unit fails.
f.
A copy of the warranty deed and any lease or leases for the
property on which the MWT facility is to be located.
g.
An accurate wind directional map provided by an expert in such
matters such as a meteorologist.
h.
Turbine information on the type, model, size, height, rotor
material, rated power output, performance, safety and noise characteristics
of each wind turbine being proposed, tower and electrical transmission
equipment.
i.
Additional information may be required as deemed necessary and
appropriate by City staff.
6.
Safety regulations and standards.
a.
The minimum distance between the ground and any part of the
rotor blade system shall be fifteen (15) feet.
b.
To limit unauthorized access:
c.
All access doors to the MWT and electrical equipment shall be
lockable.
d.
Signs shall be limited to the manufacturer's or installer's
identification and appropriate warning signs (e.g., electrical hazard
or high voltage) placed on the wind turbine tower/s, electrical equipment
and the wind turbine. Commercial advertising is strictly prohibited.
e.
Lighting shall be the minimum necessary for safety and security
purposes, and techniques shall be used to prevent casting glare from
the site except as otherwise required by the Federal Aviation Administration
(FAA) or other applicable authority. Wind energy facilities shall
not be artificially lighted, except to the extent required by the
FAA or other applicable authority.
f.
Each MWT shall be equipped with both manual and automatic overspeed
controls to limit the rotational speed of the blade within the design
limits of the rotor. Manual electrical and/or overspeed shutdown disconnect
switches shall be provided and clearly labeled on the wind turbine
structure. No wind turbine shall be permitted that lacks an automatic
braking, furling or feathering system to prevent uncontrolled rotation,
overspeeding and excessive pressure on the tower structure, rotor
blades and turbine components.
g.
Prior to issuance of a building permit, the applicant shall
provide proof of a level of insurance in the minimum amount required
by State law, the Customer- Generator Liability Insurance Obligation
Section of 4 CSR 240-20.065 or other applicable provisions of the
Code of State Regulations to cover damage or injury that might result
from the failure of a tower or towers or any other part or parts of
the generation and transmission facility. Said insurance shall remain
in place every year that the MWT is in place or operation.
h.
Any wind energy system found to be unsafe by the Building Official
or his/her designate shall be repaired by the owner to meet Federal,
State and local safety standards and regulations in a reasonable amount
of time set forth by the Building Official. Any wind energy system
found to be abandoned or unused by the Building Official shall be
removed by the owner, at the owner's expense, within six (6) months.
i.
Building code safety standards. Prior to the
issuance of a building permit to construct a facility, the owner/applicant
or operator/applicant shall provide the City with all required licenses
and certifications from Federal, State and County agencies if needed.
To ensure that structural integrity of towers, the owner or operator
of a tower shall ensure that it is maintained in compliance with standards
contained in applicable Federal, State or local building codes and
the applicable standards from towers that are published by the Electronic
Industries Association, as amended from time to time. In addition,
if the wind energy system is interconnected and operates in parallel
phase and synchronization with a retail electric supplier, 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 shall be
met.
j.
Utility connections. Reasonable effort shall
be made to locate utility connections from the wind facility underground,
depending on appropriate soil conditions, shape and topography of
the site and any requirements of the utility provider. Electrical
transformers for utility interconnections may be located above ground
if required by the utility company. All ground-mounted and control
equipment that is not located underground shall be screened from public
view.
k.
Electrical wires. All electrical wires associated
with the wind energy system shall be located underground except for
those that are necessary to connect the wind energy generator to the
tower wiring, the tower wiring to the disconnect junction box and
the grounding wires.
l.
Noise. The noise emitted from any wind turbine
shall not exceed fifty-five (55) dba, as measured at the nearest property
line, except during short-term events such as utility outages or severe
windstorms.
m.
Color/finish. The color of the wind energy
system shall be the stock color from the manufacturer or painted with
a non-reflective, unobtrusive color that blends in with the surrounding
environment. Approved colors include, but are not limited to, white,
off-white or gray.
n.
The appearance of all towers and MWTs shall be maintained in
a manner that is consistent with the originally approved colors and
finishes.
o.
Minimum setback requirements. The energy collection
system or MWT shall be sited in a manner that does not result in significant
shadow flicker impacts. The applicant has the burden of proving that
the shadow flicker will not have a significant adverse impact on neighboring
or adjacent properties at the time of application for a conditional
use permit or a building permit.
p.
Minimum height requirements. No portion of
the wind energy collection system or MWT shall be taller then the
required height restrictions for the zoning district in which the
structure is being placed.
q.
Wind turbines shall not cause interference with microwave communications
or radio and television reception in the area.
r.
Wind turbines shall not be artificially lit unless such lighting
is required by the FAA. If lighting is required, the applicant shall
provide a copy of the FAA determination to establish the required
markings and/or lights for the MWT.
s.
All tower structures shall be of a monopole construction unless
attached to a structurally reinforced roof where such support is not
warranted. No lattice structures shall be permitted. Tower required
guy wire supports shall be limited to lots of three (3) acres or more,
and the guy wires shall be set back from property lines, public rights-of-way,
and overhead utility lines a minimum distance of one and one tenths
(1.1) times the height of the tower plus the highest vertical extent
of any blades or the required setbacks from a street, rear and side
lot lines of the underlying zoning district, whichever is greater.
Ground-mounted electrical and control equipment and guy wires shall
meet the required setbacks from a street, rear and side lot lines
of the underlying zoning district.
t.
All MWTs shall be located in the rear yards only.
7.
Permitting and enforcement. A building permit
shall be required for the installation or alteration of a wind energy
collection system or MWT. The applicant shall provide the City any
information necessary to show compliance with the adopted building
codes and fire codes. This information may include, but shall not
be limited to, the following:
a.
Written description of the wind energy collection system and
the estimated kilowatts generated annually.
b.
Evidence to document that the site has sufficient wind to operate
a wind energy collection system or MWT.
c.
Site plan drawn to scale showing property lines, adjacent rights-of-way
and overhead utility lines, building footprints, location and dimensions
of the wind energy collection system, parking lots, driveways, sidewalks,
and distance from other MWTs and from buildings which may be located
on adjacent properties.
d.
Full dimensions of all buildings existing on the property where
the proposed wind energy collection system or MWT is located, including
exterior dimensions, height of buildings and all uses on the property.
e.
Drawings, to scale, showing the MWT, including the tower, blades,
base footings, and guy wires, if any, electrical components, and associated
equipment. The drawings and necessary calculations shall be certified
by a licensed Missouri engineer as meeting the requirements of the
adopted building, electrical, and fire codes of the City.
f.
A line drawing of the electrical components in sufficient detail
to allow for a determination that the manner of installation conforms
to the adopted electrical code.
g.
A noise study or flicker model, if applicable.
h.
Written evidence that the electric utility service provider
that serves the site has been informed of the applicant's intent to
install a wind energy collection system or MWT, unless the applicant
does not plan, and so states on the application, to connect the system
to the electricity grid.
