[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.
[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).