City of Oak Grove, MO Special Use Standards

[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.

Agriculture, General. General agriculture shall require a minimum site area of three (3) acres.

Adult Entertainment Establishment.

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.

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.

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.

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.

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.

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.

Signs. Adult entertainment establishment shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. Signs must meet all requirements of Article VII.

Site plans. Adult entertainment establishments shall be subject to site plan and design review pursuant to Section 405.100.

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.

Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums:

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.

Landscape buffer. A landscape buffer shall be provided along all property lines abutting any "R-2" or less intensive district. Such buffers shall meet the standards of Section 405.230.

Communication Towers. Communication towers shall be subject to the following standards:

Principal use. Communication towers shall always be considered a principal use. They may be located on lots occupied by another principal use.

Setbacks.

The minimum setback between communication towers and all property lines shall be equal to twenty percent (20%) of the height of the tower;

Communication towers shall be set back a minimum of fifty (50) feet away from any existing or planned right-of-way;

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

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.

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.

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;

Access to the tower shall be through a locked gate in the required fence or wall;

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

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.

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).

Removal of obsolete towers. All obsolete or unused communication towers shall be removed within six (6) months of cessation of use.

Electromagnetic radiation. Communication towers shall comply with all applicable Federal Communication Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER).

Compost Facility. The following standards shall apply to all compost facilities:

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.

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.

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.

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.

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.

Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.

Stormwater management. A stormwater management plan may be required at the discretion of the City Engineer.

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.

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.

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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.

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.

Day Care (Limited, General And Commercial).

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.

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.

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.

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.

Occupational license. An occupational license shall be required prior to the establishment of a general day care.

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.

Day care, commercial.

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.

Occupational license. An occupational license shall be required prior to the establishment of a commercial day care.

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.

Golf Courses.

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.

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.

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.

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.

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.

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.

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.

Landfills And Mining And Quarrying. Landfills and mining and quarrying uses shall be subject to the following standards:

Minimum site area. In the "A-1" District, the uses shall require a minimum site area of thirty-five (35) acres.

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.

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.

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.

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.

Slopes. The slope of material in any excavation shall not exceed the normal angle of repose or fifty-five degrees (55°), whichever is less.

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.

Stormwater management. A stormwater management plan shall be required.

Site restoration. The following restoration requirements shall apply to all excavation uses, provided that landfills shall instead be subject to State and Federal requirements.

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.

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.

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.

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.

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.

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.

Manufactured Housing Development. Manufactured housing units shall be located only in manufactured housing subdivisions that comply with the following standards.

Property development standards.

Minimum subdivision area. Five (5) acres;

Maximum density. In accordance with applicable district regulations; and

Minimum perimeter setbacks. In accordance with applicable district regulations.

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.

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.

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.

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.

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.

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.

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.

Underground utilities. All electric, telephone and other lines within or to each manufactured housing site shall be underground.

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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.

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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.

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Landscaping. A landscape buffer that complies with the standards of Article VI, Section 405.230 of the Zoning Code shall be provided and maintained along all boundaries of a manufactured housing subdivision except at established entrances and exits.

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Emergency warning system. A fee for each unit shall be assessed for the creation and maintenance of an emergency warning system.

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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.

Mobile Home Development. Mobile homes shall be located only in mobile home parks that comply with the following standards.

Property development standards.

Minimum park area. Five (5) acres;

Maximum density. Seven (7) dwelling units per acre; and

Minimum perimeter setbacks. Twenty (20) feet; thirty (30) feet when adjacent to rights-of-way and "R-2" or less intensive districts.

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.

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.

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.

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.

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.

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.

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.

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.

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

Natural features and environment. Each site should be designed to preserve natural features and environmental resources, such as:

Flood plains and drainage ways;

Bodies of water;

Prominent ridges and rock ledges; and

Existing tree cover including tree masses, windrows and significant individual trees.

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.

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.

Building separation. All buildings shall be separated by a minimum distance of fifteen (15) feet.

Lot coverage. Each site plan should be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.

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.

Open space. Open space should be provided to meet active and passive use requirements of the neighborhood.

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.

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.

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.

Individual buildings. Individual buildings should be oriented in a way that establishes neighborhoods and subneighborhoods.

Reduction of unusable open space. Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.

11.

Vehicular circulation and parking.

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.

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.

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.

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.

Pedestrian access should be designed to provide reasonable linkages of dwelling units to neighborhood facilities such as recreation, services, mail and parking.

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.

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.

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.

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.

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.

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.

Religious Assembly.

Entrances. Any lot containing a religious assembly use shall have direct access to a collector or arterial street.

Utilities. All utilities shall be located underground.

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.

Salvage Yards. The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards.

Separation from residential. No salvage yard shall be located within five hundred (500) feet of an "R-3" or less intensive district.

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.

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.

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.

Lot width. Each single-family attached dwelling unit shall be located on an individual lot having a minimum width of fifty (50) feet.

Building coverage. Single-family attached dwelling units shall be exempt from the building coverage standards of the underlying zoning district.

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.

Solid Waste Collection/Processing Facilities. The following standards shall apply to solid waste collection/processing facilities.

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.

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.

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.

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.

Separation from residential. No structures shall be located within five hundred (500) feet of "R-3" or less intensive property.

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.

Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.

Stormwater management. A stormwater management plan may be required at the discretion of the City Engineer.

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.

Transitional Living Centers. Transitional living centers shall be subject to the following standards.

Size. No more than ten (10) persons, including staff, shall reside in the center at one time.

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.

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]

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".

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.

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.

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.

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.

The design, location, colors and screening of the gas pumps shall be such that they are compatible with the design of the building.

Accessory Residential In Downtown Commercial District.

Conditions. Residential/commercial shall include, but not be limited to, the following:

Residential uses shall be located on the second (2nd) floor or above;

Separate outside entrances to first (1st) and second (2nd) floor.

Site design review.

A site plan meeting the requirements of Section 405.100 of this Unified Development Code shall be submitted and approved.

A landscape plan meeting the requirements of Section 405.230 shall be submitted and approved.

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.

Lighting shall be designed to reflect away from any adjacent or nearby residential area and in accordance with Section 405.250.

Parking.

A minimum of two (2) exterior off-street parking spaces shall be provided for each dwelling unit.

All common parking areas shall be paved in accordance with City standards.

Architectural regulations.

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.

Residential/commercial structures shall include, but not be limited to, the following:

(1)

The exterior appearance of the building must convey the same level of design, aesthetic quality and architectural compatibility.

(2)

Elevations shall maintain aesthetic quality and architectural compatibility as determined through Section 405.100.

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.

Clubs — Under 21.

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.

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.

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.

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:

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.

The premises shall be kept free from litter resulting from the operation of the Under 21 Club.

No controlled substances shall be offered for sale or consumed on the premises.

The premises shall be illuminated adequately to ensure the safety of the public.

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.

The business shall comply with all applicable local, State, and Federal laws and regulations.

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.

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.

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.

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.

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.

Conditional use permit. Short-term loan service establishments shall not be permitted without a conditional use permit pursuant to Section 405.095.

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]

Property development standards.

Minimum park area: Two (2) acres;

Maximum density: One (1) recreational vehicle space per each one thousand (1,000) square feet of land area; and

Minimum perimeter setbacks. The following setback requirements for pads and other permanent improvements shall apply:

(1)

Five (5) feet from an interior private street;

(2)

Twenty (20) feet from the park boundary.

Streets. Interior private streets shall observe the following minimums:

Twelve (12) feet of width per each travel lane and eight (8) feet of width per each parking lane.

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.

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.

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.

(Reserved)

Water supply. The following requirements for water supply shall apply:

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.

Each recreational vehicle park shall be provided with one (1) or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.

Sewage disposal. The following requirements for sewage disposal shall apply:

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.

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.

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.

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 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.

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:

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.

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.

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:

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

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]

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 "day-care" means a child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.

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.

A "church" means a permanent building primarily and regularly used as a place of religious worship.

"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.

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.

On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana facility.

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.

Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.

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.

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.

Residential Accessory Uses. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

Fences and walls, subject to Section 405.245 of the Unified Development Code;

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;

Gardens;

Gates and guard houses;

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;

Home occupations, subject to Section 405.210(D) of the Unified Development Code;

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;

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;

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.

Non-Residential Accessory Uses. Non-residential uses shall include, but not be limited to, the following accessory uses:

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;

Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel;

Fences and walls, subject to Section 405.245 in the Unified Development Code;

Gates and guard houses;

Offices for allowed businesses and industrial uses when the office is located on the same site as the principal use;

Parking garages and off-street parking areas;

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;

Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building;

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.

Accessory Use Development And Operational Standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided.

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.

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.

Side setback. No accessory structure, other than a fence or wall, shall be located within a required side setback.

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.

Height. No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized.

Building separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure.

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.

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.

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.

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.

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.

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.

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.

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.

On-site product sales. No products shall be sold directly to customers from the premises.

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.)

Funeral services;

Retail sales and service that involves direct product sales or service to customers from the premises;

Hotel/motel;

Vehicle or equipment sales, rental or repair;

Medical offices; or

Meat or animal processing.

Recycling Collection Stations. Recycling collection stations shall be allowed as an accessory use in accordance with the following standards.

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.

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.

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.

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.

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.

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.

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.

Solar Energy Systems Regulations.

[Ord. No. 1784 §1, 10-21-2013]

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.

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.

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.

Definitions. Whenever used in this Section, the following words or phrases shall have the meanings ascribed to them:

SMALL-SCALE SOLAR ENERGY SYSTEMS

Any solar energy system designed for on-site consumption.

SOLAR ENERGY SYSTEM

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.

UTILITY-SCALE SOLAR ENERGY SYSTEM

Any solar energy system designed for off-site consumption.

Regulations applicable to all solar energy systems.

[Ord. No. 2060, 1-3-2023]

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.

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.

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.

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.

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.

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.

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.

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.

All solar energy systems shall be constructed using non-reflective and non-glare materials.

Roof-mounted solar energy systems.

[Ord. No. 2060, 1-3-2023]

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.

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.

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.

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.

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.

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.

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.

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.

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.

Ground-mounted solar energy systems.

[Ord. No. 2060, 1-3-2023]

(Reserved)

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.

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.

All lines serving ground-mounted solar energy systems shall be installed and located underground.

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.

Wall-mounted solar energy systems.

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.

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.

Micro-Wind Turbines (MWTs).

[Ord. No. 1784 §1, 10-21-2013]

Definitions. Whenever used in this Section, the following words or phrases shall have the meanings ascribed to them:

BLADES

The aerodynamic surface that catches the wind.

LARGE/UTILITY-SCALE WIND TURBINES

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.

SHADOW FLICKER

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.

SMALL-SCALE/MICRO-WIND TURBINE (MWT) OR WIND ENERGY COLLECTION SYSTEM

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.

TOWER

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.

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.

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.

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.

Required submittal information. The following information may be additionally required with any CUP application that includes a MWT:

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).

Data pertaining to the tower's safety and stability, including safety results from test facilities.

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.

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.

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.

A copy of the warranty deed and any lease or leases for the property on which the MWT facility is to be located.

An accurate wind directional map provided by an expert in such matters such as a meteorologist.

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.

Additional information may be required as deemed necessary and appropriate by City staff.

Safety regulations and standards.

The minimum distance between the ground and any part of the rotor blade system shall be fifteen (15) feet.

To limit unauthorized access:

(1)

A fence six (6) feet high with a locking portal shall be placed around the facility's tower base; or

(2)

The tower climbing apparatus shall be limited to no lower than twelve (12) feet from the ground; wind turbine towers shall not be climbable up to twelve (12) feet above ground level.

All access doors to the MWT and electrical equipment shall be lockable.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The appearance of all towers and MWTs shall be maintained in a manner that is consistent with the originally approved colors and finishes.

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.

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.

Wind turbines shall not cause interference with microwave communications or radio and television reception in the area.

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.

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.

All MWTs shall be located in the rear yards only.

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:

Written description of the wind energy collection system and the estimated kilowatts generated annually.

Evidence to document that the site has sufficient wind to operate a wind energy collection system or MWT.

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.

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.

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.

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.

A noise study or flicker model, if applicable.

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.