City of St. Charles, MO Chapter 236 Miscellaneous Regulations

Section 236.010 Regulation Of Unmanned Aircraft Systems (Drones).

[R.O. 2011 § 236.010; Ord. No. 17-110 § 1, 6-6-2017]

A. Definitions. For purposes of this Section, the following words and phrases shall have the following meanings:

UNMANNED AIRCRAFT

(Also known as a "drone") A high-powered, aerial vehicle that:

1. Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;

2. Uses aerodynamic forces to provide vehicle lift;

3. Can fly autonomously or be piloted remotely; and

4. Can be expendable or recoverable.

UNMANNED AIRCRAFT SYSTEM

An unmanned aircraft, and associated elements (including communication links and the components that control the unmanned aircraft), that is required for the pilot in command to operate safely and efficiently in the national airspace system. To be part of an unmanned aircraft system, the unmanned aircraft must be:

1. Capable of sustained flight in the atmosphere;

2. Flown within the visual line of sight of the person operating the aircraft; and

3. Flown for hobby or recreational purposes.

VISUAL OBSERVER

A person who is designated by the operator of an unmanned aircraft system to assist the operator to see and avoid other air traffic or objects aloft or on the ground.

B. Unmanned Aircraft System Operator Requirements. An operator of an unmanned aircraft system shall:

1. Adhere to applicable federal and State laws and regulations regarding their use, and as may be amended from time to time, and implemented thereafter;

2. Remain below any surrounding obstacles within the airspace, when possible;

3. Remain within visual line of sight of the operator of the unmanned aircraft system; or, alternatively, the unmanned aircraft shall remain within the visual line of sight of a visual observer, provided that the operator of the unmanned aircraft system and the visual observer maintain effective communication with each other at all times;

4. Not intentionally operate an unmanned aircraft system over persons unprotected by shelter or moving vehicles, or within twenty-five (25) feet of any person, building, or vehicle;

5. Not operate an unmanned aircraft system within five (5) miles of an airport or heliport without first notifying the airport and control tower;

6. Not operate an unmanned aircraft system in adverse weather conditions, such as in high winds or reduced visibility;

7. Not operate an unmanned aircraft system, nor shall a visual observer observe the operation of an unmanned aircraft system, under the influence of alcohol or controlled substances;

8. Ensure the operating environment is safe and shall not operate an unmanned aircraft system in a reckless or negligent manner so as to endanger the life or property of another;

9. Not without the consent of the owner of the property, public utility, or appropriate governmental entity operate an unmanned aircraft system within twenty-five (25) feet of or over sensitive infrastructure or property, such as power stations, utility lines, water treatment facilities, correctional facilities, heavily traveled roadways, government facilities, or other public utility facilities; and

10. Limit operation of an unmanned aircraft system to daylight-only operations, or civil twilight [thirty (30) minutes before official sunrise to thirty (30) minutes after official sunset, local time], with appropriate anticollision lighting; provided, notwithstanding the foregoing, a person may, with the consent of the property owner, operate an unmanned aircraft system between civil twilight and 10:00 P.M. directly above the areas of property that are fully lit by one (1) or more outdoor light fixtures, provided that each light fixture is at a height no less than sixty (60) feet above the surface of the ground.

C. It shall be unlawful for any person to:

1. Knowingly operate an unmanned aircraft system directly over the private property of another without the property owner's consent, if such operation of the unmanned aircraft system:

a. Enters into the air space of the private property; and

b. It interferes substantially with the property owner's use and enjoyment of his/her property; or

2. Operate an unmanned aircraft system weighing in excess of fifty-five (55) pounds [twenty-five (25) kilograms] except as may be otherwise expressly permitted by Federal or State law.

Section 236.020 Sellers Of Residential Real Estate To Provide Disclosures.

[Ord. No. 23-062, 6-6-2023]

A. Intent. The purpose of this Section is to provide an affirmative disclosure requirement for transfers of residential property. The disclosure statement is intended to provide owners of residential real property notice of their legal obligation to follow ordinances of the City of St. Charles regarding how residential properties are to be maintained and how they may be used and improved, and to protect property owners and residents through the efficient administration of codes that promote health and general welfare.

B. Disclosure Requirement. It shall be unlawful for the owner of any real property within the City to sell, transfer, convey or otherwise dispose of any real property zoned or used primarily for residential purposes without providing the purchaser, prior to or at the time of execution of the purchase agreement or conveyance document, a copy of the disclosure statement, signed by both the owner/seller and the purchaser of the real property containing the information described in Subsection (C) below. For the purpose of this Section, residential zoning shall include property zoned "R-1C," "R-1D," "R-1E," "R-2," "R-3A," "R-M," "CRD," "FD," "PD-R," "PD-RF," and "PD-MU."

C. Required Information. The written disclosure required in Subsection (B) of this Section shall, at a minimum, include the following information:

1. Location. Verification that the property is located within the City limits of the City by providing the address and attaching the legal description.

2. City Ordinances And Standards. Acknowledgement that the City has ordinances which administer development controls and regulations regarding building codes, existing structures codes, land use and development including zoning, historic preservation, subdivision regulations, and flood damage prevention. Principle areas of development regulations include, but are not limited to (and shall be listed on the disclosure): building permits, sign permits, inspections, RV/ boat parking and storage, property maintenance, solid waste collection and disposal, short term rentals, historic preservation districts and review requirements, floodplain development, fencing, site plan and architectural review, zoning classification and restrictions.

3. Subdivision Regulations. The existence of subdivision covenants and/or by-laws, if any, and any recorded covenants, conditions or restriction the property is subject to.

4. Easements. The existence and location of all recorded easements and rights-of-way burdening the property, and all known unrecorded easements and rights-of-way, the existence of which are discoverable upon a routine inspection of the real property, and by attaching to this disclosure statement an existing survey or recorded plat depicting the real property.

5. Parties To Disclosure. The name and signature of the affected parties for the property, and the date of execution of signatures on written disclosure statement document.

D. Form/Copies. The information in Subsection (C) above shall be provided on a form made available from the City's Community Development Department or on a substantially equivalent form or document. A copy of the dated and executed disclosure statement shall be provided to all parties of the real estate transaction. A copy of the executed disclosure statement shall also be provided by the purchaser to the City's Community Development Department within thirty (30) days of the date of execution.

E. Penalty. Any person violating any of the provisions of this Section, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00).