[Res. No. 07-06, Zoning Order Art.
6 § A, 7-12-2007]
In order to carry out the purpose and intent of these regulations,
the following zoning districts are established:
|
Symbol
|
Name
|
|---|---|
|
A
|
Agricultural District
|
|
R-R
|
Residential — Rural District
|
|
R-S
|
Residential — Suburban District
|
|
R-1
|
Single-Family Residential District
|
|
R-2
|
Two-Family Residential District
|
|
M-U
|
Mixed Use Residential
|
|
M-P
|
Manufactured Home Park District
|
|
C-1
|
Local Business District
|
|
C-2
|
General Business District
|
|
I-1
|
Light Industrial District
|
|
I-2
|
Heavy Industrial District
|
[Res. No. 07-06, Zoning Order Art.
6 § B, 7-12-2007]
For purposes of interpretation and administration of these regulations,
the following districts shall be equivalent:
|
Table of Equivalent District Designations, current versus
former:
| |
|---|---|
|
A
|
A or R-A
|
|
R-R
|
R-A or R-E
|
|
R-S
|
R-A or R-E
|
|
R-1
|
R-A or R-1
|
|
R-2
|
R-2
|
|
R-3
|
none
|
|
M-U
|
M-U
|
|
M-P
|
M-P
|
|
C-1
|
C-1
|
|
C-2
|
C-2
|
|
I-1
|
I-1
|
|
I-2
|
I-2
|
|
I-3
|
none
|
[Res. No. 07-06, Zoning Order Art.
6 § C, 7-12-2007]
Overlay Districts establish procedures and conditions on land
use that overlay additional and special regulations onto an established
zoning district or designation, and shall apply to all territory in
such a designated Overlay District as set forth in these regulations,
and as may be described in the Comprehensive Plan in the examples
of the Airport and Wind Energy Overlays. The Overlay retains the procedures
and conditions of the underlying zoning designation, and where district
regulations or conditions of the Subdivision Regulations may conflict,
the stricter shall apply.
[Res. No. 07-06, Zoning Order Art.
6 § D, 7-12-2007; Ord. No. 23-01, 3-8-2023]
A.
Appendix
A[1] is provided within these regulations as a table summary
of those uses which have been evaluated and generally determined to
be subject to conditions within specific district designations. The
uses are based upon the Standard Industry Classifications, the issue
of 1987 of the Federal Office of Management and Budget. Not all possible
uses have been evaluated or are listed, and each zoning action or
use will be specifically evaluated by the County as part of the application
procedures of the Zoning Order or Subdivision Regulations in order
to determine their characteristics and regulatory requirements.
[1]
Editor's Note: Appendix A is an attachment to this Chapter.
B.
Notwithstanding
any provision of the Code of Ordinances of Cass County, Missouri,
to the contrary, no permit, license, variance, or other type of prior
approval from the County is required to operate a no-impact, home-based
business. For the purposes of this Section, a home-based business
qualifies as a no-impact, home-based business if:
1.
The total number of employees and clients on-site at one (1) time
does not exceed the occupancy limit for the residential dwelling;
and
2.
The activities of the business:
a.
Are limited to the sale of lawful goods and services;
b.
May involve having more than one (1) client on the property at one
(1) time;
c.
Do not cause a substantial increase in traffic through the residential
area;
d.
Do not violate any parking regulations established by the political
subdivision;
e.
Occur inside the residential dwelling or in the yard of the residential
dwelling;
f.
Are not visible from the street; and
C.
The
following provisions apply to home-based work:
1.
The term "home-based work" means any lawful occupation performed
by a resident within a residential home or accessory structure, which
is clearly incidental and secondary to the use of the dwelling unit
for residential purposes and does not change the residential character
of the residential building or adversely affect the character of the
surrounding neighborhood.
2.
Notwithstanding any provision of the Code of Ordinances of Cass County,
Missouri, to the contrary, nothing with respect to home-based work
shall be construed to:
a.
Prohibit mail order or telephone sales for home-based work;
b.
Prohibit service by appointment within the home or accessory structure;
c.
Prohibit or require structural modifications to the home or accessory
structure;
d.
Restrict the hours of operation for home-based work; or
e.
Restrict storage or the use of equipment that does not produce effects
outside the home or accessory structure.
3.
Notwithstanding any provision of the Code of Ordinances of Cass County,
Missouri, to the contrary, no ordinance with respect to home-based
work shall be construed to explicitly restrict or prohibit a particular
occupation.
[Ord. No. 19-04, 8-15-2019; Ord.
No. 23-01, 3-8-2023]
A.
ELEMENTARY OR SECONDARY SCHOOL
Then-Existing
Definitions.
The definitions contained in Article XIV, Section 1.2 and Section
2.2 of the Missouri Constitution are incorporated into this Chapter
as is fully set forth. Additionally, for purposes of this Chapter,
the following terms shall have the meanings indicated:
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 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.
Any elementary or secondary 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.
B.
The
following regulations apply to all medical marijuana facilities, comprehensive
marijuana facilities, and microbusinesses, including cultivation facilities,
dispensary facilities, infused-products manufacturing facilities,
testing facilities, transportation facilities, and wholesale facilities:
1.
No new medical facility or marijuana facility shall be initially
sited within one thousand (1,000) feet of any then-existing elementary
or secondary school, child day care center, or church. In the case
of a freestanding facility, the distance between the facility and
the school, day care, or church shall be measured from the external
wall of the facility structure closest in proximity to the school,
day care, or church to the closest point of the property line of the
school, day care, or church. If the school, day care, or church is
part of a larger structure, such as an office building or strip mall,
the distance shall be measured to the entrance or exit of the school,
day care, or church closest in proximity to the facility. In the case
of a facility that is part of a larger structure, such as an office
building or strip mall, the distance between the facility and the
school, day care, or church shall be measured from the property line
of the school, day care, or church to the facility's entrance or exit
closest in proximity to the school, day care, or church. If the school,
day care, or church is part of a larger structure, such as an office
building or strip mall, the distance shall be measured to the entrance
or exit of the school, day care, or church closest in proximity to
the facility. Measurements shall be made along the shortest path between
the demarcation points that can be lawfully traveled by foot.
2.
Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor
medical marijuana cultivation facility or a comprehensive marijuana
cultivation facility, all such marijuana facilities' operations and
all storage of materials, products, or equipment shall be within a
fully enclosed building.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or
otherwise consumed on the premises of a medical facility or marijuana
facility.
4.
Hours Of Operation. All medical facilities and 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. Monday through Saturday and
10:00 P.M. and 9:00 A.M. on Sunday.
5.
Residential Dwelling Units Prohibited. No medical facility or marijuana
facility shall be located in a building that contains a residence.
6.
Ventilation Required. All medical facilities and marijuana facilities
shall install and operate a ventilation system that will prevent any
odor of marijuana from leaving the premises of the business facility.
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. 23-01, 3-8-2023]
A.
Purpose.
The intent of this Section is to permit temporary housing use in conjunction
with the construction of a new permanent residential dwelling or repair
of an existing residential dwelling.
B.
Permitted
Use. A recreational vehicle may be permitted as temporary living quarters
in Zoning Districts "A," "R-R," "R-S," and "R-1."
C.
Use
Standards.
1.
Duration shall be for up to one (1) year for the use as temporary
living quarters; but shall not be permitted for more than thirty (30)
days after the completion of the new permanent residential dwelling
or repair of the existing residential dwelling. Should the permit
for the new permanent residential dwelling or repair of an existing
dwelling exceed the expiration of the permit; a new application for
the use as temporary housing shall be submitted and only one (1) extension
may be made in conjunction with the dwelling permit extension.
2.
Only one (1) temporary recreational vehicle shall be allowed per
associated dwelling permit.
3.
The recreational vehicle may be temporarily connected to public electricity
and may connect to public water supply; wastewater shall be connected
to either a permitted wastewater treatment system or portable waste
tank. If connected to a portable waste tank it shall be drained at
a dedicated wastewater disposal site.
4.
If at any time construction or reconstruction of the permanent residential
dwelling is stopped, suspended, or abandoned for the period of one
hundred eighty (180) days or more the recreational vehicle shall no
longer be used as temporary housing.
5.
An application for a temporary housing permit shall be submitted
to the Cass County Building Codes Department at the same time as the
application for the construction of a new residential dwelling or
repair of an existing residential dwelling.
6.
No later than thirty (30) days after the completion of the new permanent
residential dwelling or repair of the existing residential dwelling,
the recreational vehicle shall be disconnected from all public utilities
and shall cease to be used as living quarters.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To preserve and protect land valuable for agriculture and
as open space from other, non-agricultural activities and use. This
district is not intended for the development of low density residential
areas.
B.
Permitted Uses. See Appendix A.
1.
Residential uses are permitted within this district with a maximum
of two (2) single-family residences permitted on an agricultural tract
of land of not less than twenty (20) acres. Additional residences
for persons or family members engaged in the agricultural operation
may be permitted by Special Use Permit.
[Ord. No. 23-08, 10-4-2023]
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height.
a.
Farm Structures. No restriction, see definitions.
b.
Residences. Two and one-half (2-1/2) stories from finished grade,
not to exceed thirty-five (35 feet) at the eave of the uppermost story.
c.
Accessory buildings other than farm structures. One (1) story
with a maximum sidewall height of fourteen (14) feet, provided that
a maximum sidewall height of sixteen (16) feet is allowed upon approval
of submitted sealed engineered drawings.
[Ord. No. 23-08, 10-4-2023]
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
F.
Density. Residential uses shall be limited to densities established
in the Subdivision Regulations. Single-family residences, considered
as Farmsteads, when they were constructed as a farm residence on larger
parcels, are allowed on lots of five (5) contiguous acres or more
when such residences were in existence as of February 1, 2005. Such
farmsteads shall be designated as Rural Residential in zoning and
shall otherwise meet the standards of the Rural Residential District.
Such residences may be exempt from the lot width ratios of R-R Districts.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To allow certain agricultural areas to be developed with
low density, single-family residential uses with on-site individual
wastewater systems. Such uses shall generally be situated beyond the
"Urban Service Tiers" and contained within the "Mixed-Use Tiers" as
indicated in the Comprehensive Plan.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height.
a.
Farm Structures. No restriction.
b.
Residences. Two and one-half (2-1/2) stories from finished grade,
not to exceed thirty-five (35 feet) at the eave of the uppermost story.
c.
Accessory Buildings Other Than Farm Structures. One (1) story
with a maximum sidewall height of fourteen (14) feet, provided that
a maximum sidewall height of sixteen (16) feet is allowed upon approval
of submitted sealed engineered drawings.
[Ord. No. 23-08, 10-4-2023]
2.
Property Line Setbacks.
a.
Front. Shall have a depth of not less than fifty (50) feet from
street right-of-way.
b.
When lots have frontage on two (2) roads, a front setback shall
be required on both roads.
c.
Side. Shall be a minimum of ten percent (10%) of the width of
the lot, provided no side setback shall be less than ten (10) feet,
and need not be more than twenty-five (25) feet.
d.
Rear. Shall be a minimum of thirty percent (30%) of the depth
of the lot, but need not be more than fifty (50) feet.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To allow certain areas to be developed with low density,
suburban single-family dwellings either on community sewers, or with
on-site individual wastewater systems in cases where the relevant
City has no near-term plans for municipal sewer system extension.
Such uses should be as indicated in the Comprehensive Plan.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height.
a.
Farm Structures. No restriction.
b.
Residences. Two and one-half (2-1/2) stories from finished grade,
not to exceed thirty-five (35 feet) at the eave of the uppermost story.
c.
Accessory Buildings Other Than Farm Structures. One (1) story
with a maximum sidewall height of fourteen (14) feet, provided that
a maximum sidewall height of sixteen (16) feet is allowed upon approval
of submitted sealed engineered drawings.
[Ord. No. 23-08, 10-4-2023]
2.
Property Line Setbacks.
a.
Front. Shall have a depth of not less than fifty (50) feet from
street right-of-way.
b.
When lots have frontage on two (2) roads, a front setback shall
be required on both roads.
c.
Side. Shall be a minimum of ten percent (10%) of the width of
the lot, provided no side setback shall be less than ten (10) feet,
and need not be more than twenty-five (25) feet.
d.
Rear. Shall be a minimum of thirty percent (30%) of the depth
of the lot, but need not be more than fifty (50) feet.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. For development of certain low density areas for the placement
of single-family dwellings.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height.
a.
Principal Structure. Two and one-half (2-1/2) stories from finished
grade, not to exceed thirty-five (35) feet at the eave of the uppermost
story.
b.
Accessory Buildings. One (1) story with a maximum sidewall height
of fourteen (14) feet, provided that a maximum sidewall height of
sixteen (16) feet is allowed upon approval of submitted sealed engineered
drawings.
[Ord. No. 23-08, 10-4-2023]
2.
Property Line Setbacks.
a.
Fronts. Shall have a depth of not less than twenty-five fifty
(25) feet from street right-of-way.
b.
When lots have frontage on two (2) roads, a front setback shall
be required on both roads.
c.
Side. Shall be a minimum of ten percent (10%) of the width of
the lot, provided no side setback shall be less than six (6) feet,
and need not be more than fifteen (15) feet.
d.
Rear. Shall be a minimum of thirty percent (30%) of the depth
of the lot, but need not be more than twenty-five (25) feet.
3.
Lot Area.
a.
Minimum Lot Area. Twelve thousand five hundred (12,500) square
feet or twenty nine hundredths (0.29) acres.
b.
Minimum lot width shall be one hundred (100) feet at the road
frontage or building setback line. For lots fronting on two (2) streets,
minimum width shall be one hundred twenty (120) feet.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. For development of certain moderate density areas for the
placement of single-family and two-family dwellings.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height.
a.
Principal Structure. Two and one-half (2-1/2) stories from finished
grade, not to exceed thirty-five (35) feet at the eave of the uppermost
story.
b.
Accessory Buildings. One (1) story with a maximum sidewall height
of fourteen (14) feet, provided that a maximum sidewall height of
sixteen (16) feet is allowed upon approval of submitted sealed engineered
drawings.
[Ord. No. 23-08, 10-4-2023]
2.
Property Line Setbacks.
a.
Front. Shall have a depth of not less than twenty-five (25)
feet from street right-of-way.
b.
When lots have frontage on two (2) roads, a front setback shall
be required on both roads.
c.
Side. Shall be a minimum of ten percent (10%) of the width of
the lot, provided no side setback shall be less than six (6) feet,
and need not be more than fifteen (15) feet.
d.
Rear. Shall be a minimum of thirty percent (30%) of the depth
of the lot, but need not be more than twenty-five (25) feet.
3.
Lot Area.
a.
Minimum Lot Area. For single-family dwelling parcels, ten thousand
(10,000) square feet. For two-family dwelling parcels, five thousand
(5,000) square feet for each unit.
b.
Minimum lot width shall be, for single-family dwelling parcels,
seventy-five (75) feet. For two-family dwelling parcels, eighty five
(85) feet. For lots fronting on two (2) streets, minimum lot widths
shall be one hundred five (105) feet.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. For development of certain moderate density areas for the
placement of two-family or multi-family dwellings by use of a Mixed
Use Overlay.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height.
a.
Principal Structure. Three (3) stories from finished grade,
not to exceed thirty-five (35) feet at the eave of the uppermost story.
b.
Accessory Buildings. One (1) story with a maximum sidewall height
of fourteen (14) feet, provided that a maximum sidewall height of
sixteen (16) feet is allowed upon approval of submitted sealed engineered
drawings.
[Ord. No. 23-08, 10-4-2023]
2.
Property Line Setbacks.
a.
Front. Shall have a depth of not less than twenty-five (25)
feet from street right-of-way.
b.
When lots have frontage on two (2) roads, a front setback shall
be required on both roads.
c.
Side. Shall be a minimum of ten percent (10%) of the width of
the lot, provided no side setback shall be less than ten (10) feet,
and need not be more than twenty-five (25) feet.
d.
Rear. Shall be a minimum of thirty percent (30%) of the depth
of the lot, but need not be more that fifty (50) feet.
3.
Lot Area.
a.
Minimum Lot Area. To be determined for each project under the
Mixed Use Overlay process.
b.
Minimum lot width shall be, for single-family dwelling parcels,
seventy five (75) feet. For two-family dwelling parcels, eighty five
(85) feet. For lots fronting on two (2) streets, minimum lot widths
shall be one hundred (100) feet provided all other setbacks are maintained.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To provide residential and limited non-residential uses that
are developed under a joint and common planning process in order to
be compatible with neighboring use areas. Advanced planning in a joint
effort with the County would be used to develop multiple, integrated
uses in specific areas within the Urban Service and Mixed Use Tiers
as established in the Comprehensive Plan. The underlying zoning designations
would remain in place and the Mixed Use standards and project plan
would overlay and be added to those requirements.
B.
Permitted Uses. Shall be the same uses as allowed in all residential
districts, and C-1, C-2, Commercial uses.
C.
Special Use Permits. See Appendix A.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To permit low-density manufactured home uses in a park-like
atmosphere where such zones are compatible with adjacent land uses
and the general welfare of the residents.
B.
District Regulations. In District M-P, no structure or land shall
be used and no structure shall be altered, enlarged, or erected which
is arranged, intended, or designed for other than independent Manufactured
Homes or Independent Trailer House Coaches and accessory service buildings.
C.
Permitted Uses. See Appendix A.
D.
General Requirements. The manufactured home park shall have private
streets and the individual home sites shall be held in the ownership
of the park owner or his/her successor. The individual occupants other
than the park owner if also a resident cannot purchase and own said
tracts.
1.
The tract to be used for a manufactured home park shall be not
less than ten (10) acres.
2.
Manufactured home parks hereafter approved shall have a maximum
density of eight (8) units per gross acre and a minimum area of four
thousand (4,000) square feet per home site, with a minimum width of
thirty-five (35) feet.
3.
Manufactured homes shall be so located on each space with no
less than a five (5) foot setback from any manufactured home space
boundary and a minimum twenty (20) foot clearance between units parked
in parallel and fifteen (15) feet for units set perpendicular to another
unit. No manufactured home shall be located closer than twenty-five
(25) feet from any building within the park or from any property line
bounding the park.
a.
All manufactured home sites shall front upon a private roadway.
Said roadway shall have unobstructed access to a public street, alley,
or highway. The private road shall be a minimum of thirty (30) feet
in width if parking is allowed on the road or twenty-seven (27) feet
in width if parking is prohibited on the road.
b.
Walkways not less than forty-eight (48) inches wide shall be
provided from the manufactured homes spaces to adjacent public sidewalks
and any service buildings.
c.
All roadways and walkways within the manufactured home park
shall be hard-surfaced.
d.
The entry road and interior roadways and walkways within the
manufactured home park shall be adequately lighted at night with electric
lamps.
e.
A recreation area shall be provided at a central location in
the manufactured home park area at the rate of two hundred (200) square
feet for each manufactured home space up to five (5) homes, and one
hundred (100) square feet per home spaces above two hundred (200)
in number.
f.
A solid or opaque, semi-solid fence or wall at least six (6)
feet high, but not more than eight (8) feet high, shall be provided
around the outer perimeter of the park and area of the home sites.
g.
Said fence or wall shall be placed a minimum of ten (10) feet
from the boundary of the M-P District, and from the interior line
of the ten (10) foot landscape buffer, but shall be so located as
to maintain good visibility at private and public road intersections
and public walkways.
h.
A ten (10) foot wide landscaped buffer which shall consist of
trees, shrubs, evergreens, and grass shall be provided between the
manufactured home park district and any adjoining property or property
immediately across the public street which is zoned for residential
purposes. It shall be the responsibility of the park owner to assure
maintenance of the landscaping.
i.
Laundry facilities and other services may be provided in common
service buildings, but service buildings may not be used for living
quarters.
j.
A manufactured home park shall not be used for other than residential
purposes. Manufactured homes may be offered for sale in the manufactured
home park only by resident owners.
k.
Skirting. Each manufactured home shall be skirted within thirty
(30) days after placement in the park by enclosing the open area under
the unit with a material that is compatible with the exterior finish
of the manufactured home and is consistent with the quality of development
of the park. It shall be the responsibility of the park owner to assure
maintenance of the skirting.
l.
Blocking. All manufactured homes shall be installed, blocked
and anchored in accordance with the requirements of the State of Missouri
and the Building Codes as adopted by the County.
E.
Service Buildings.
1.
Service buildings housing sanitation and laundry facilities,
or any such facilities, if provided, shall be permanent structures
complying with all applicable Building Codes as adopted by the County.
2.
All service buildings when provided, and the grounds of the
park shall be well maintained in a clean condition, and kept free
of any condition that will menace the health of any occupant or the
public or constitute a nuisance.
3.
Service buildings and parking related to the service operations
shall not occupy more than five percent (5%) of the area of the park
and shall be located, designed, and intended to serve frequent trade
or service needs of persons residing in the park and shall present
no visible evidence of their commercial character from any portion
of any residential district outside the park.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To provide commercial locations for small clusters of low
volume and convenience retail and service use in and near residential
uses. These commercial uses typically occupy small sites with strong
connections to arterial streets in areas that are otherwise wholly
residential.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height.
a.
Principal Structure. Two and one-half (2-1/2) stories from finished
grade, not to exceed thirty-five (35) feet at the eave of the uppermost
story.
b.
Accessory Buildings. One (1) story with a maximum sidewall height
of twelve (12) feet.
c.
Signs, when permitted by these regulations shall be accessory
structures in this district.
2.
Property Line Setbacks.
a.
Front. Shall have a depth of not less than twenty-five (25)
feet from street right-of-way.
b.
When lots have frontage on two (2) roads, a front setback shall
be required on both roads.
c.
Side. Shall be a minimum of twenty-five (25) feet when adjacent
to residential areas.
d.
Rear. Shall be a minimum of fifty (50) feet.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To provide commercial locations for medium volume, free standing
uses which are compatible with adjacent residential neighborhoods
and rural areas. Retail uses, services supporting such uses, and services
which require some proximity to residential areas as well as to arterial
streets and highways are appropriate. Large commercial office or retail
center uses are not appropriate for this district unless they are
provided under planned Mixed Use Overlay procedures that complement
the underlying zoning district.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
2.
Property Line Setbacks.
a.
Front. Shall have a depth of not less than twenty-five (25)
feet from street right-of-way.
b.
When lots have frontage on two (2) roads, a front setback shall
be required on both roads.
c.
Side. Shall be a minimum of twenty-five (25) feet when adjacent
to residential areas.
d.
Rear. Shall be a minimum of fifty (50) feet.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To provide locations for those production, manufacturing,
assembly, and related industries in which the finished product is
generally produced from materials which require minimal exterior material
storage. Uses whose greatest impact on the surrounding uses is the
generation of traffic in the movement of goods and personnel are appropriate.
Commercial, retail and service uses in this district are generally
those which serve the convenience of the industry or its employees.
B.
Permitted Uses. See Appendix A.
1.
Employee restaurants and cafeterias, when located in an allowed
business Use shall be an accessory use.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height. Seventy-five (75) feet.
2.
Setbacks.
a.
Front. Thirty (30) feet minimum.
b.
Side. None, except minimum thirty (30) feet if abutting a residential
property.
c.
Rear. Twenty (20) feet. If abutting agricultural or residential
property, a minimum of forty (40) feet is required. If the rear property
line of a parcel designated as Industrial-1 coincides with the right-of-way
of an adjacent rail line, the rear setback for structures may be adjusted
to provide for connection to rail loading and unloading uses.
E.
Parking Requirements. See Article regarding, Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To provide locations for production, manufacturing, assembly,
storage and distribution industries and uses which generate traffic,
noise, light pollution or waste handling conditions that the County
considers as having the potential to create a negative impact on,
or require separation from, any nearby residential uses. Commercial,
retail or service uses also included in this district are generally
those which serve the convenience of these principal industries or
their employees.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height. Seventy-five (75) feet.
2.
Setbacks.
a.
Front Yards. Minimum thirty (30) feet, except if abutting a
residentially used or zoned property, a minimum of seventy (70) feet
is required.
b.
Side Yards. None, except minimum thirty (30) feet if abutting
a residential property.
c.
Rear Yards. Minimum forty (40) feet. If the rear property line
of a parcel designated as Industrial-1 coincides with the right-of-way
of an adjacent rail line, the rear setback for structures may be adjusted
to provide for connection to rail loading and unloading uses.
E.
Parking Requirements. See Article regarding, Off-Street Parking and
Loading Regulations.
[Res. No. 07-06, Zoning Order Art.
6, 7-12-2007]
A.
Intent. To provide locations for production, manufacturing, assembly,
storage and distribution industries and uses which generate traffic,
noise, light pollution or waste handling conditions that the County
considers as having the potential to create a negative impact on,
or require separation from, any nearby residential uses. In addition,
such uses that the County considers as having the potential to be
harmful to the environment, or which are regulated by Federal or State
authorities are uses intended to be included in this district. Commercial,
retail or service uses also included in this district are generally
those which serve the convenience of these principal industries or
their employees.
B.
Permitted Uses. See Appendix A.
C.
Special Use Permits. See Appendix A.
D.
Standards.
1.
Maximum Height. Seventy-five (75) feet.
2.
Setbacks.
a.
Front. Minimum thirty (30) feet. If adjacent to a residential
neighborhood where density is equal to or greater than one (1) residence
per ten (10) acres the setback shall be determined by a zoning action.
b.
Side. Minimum thirty (30) feet except if adjacent to a residential
neighborhood where density is equal to or greater than one (1) residence
per ten (10) acres the setback shall be a minimum of one thousand
three hundred fifty (1,350) lineal feet.
c.
Rear. Same as Side.
E.
Parking Requirements. See Article regarding Off-Street Parking and
Loading Regulations.
[Ord. No. 23-06, 4-26-2023]
A.
A-WEIGHTED SOUND LEVEL (dBA)
BLADE GLINT
CASUALTY EVENT
CLUSTER
DECIBEL (dB)
FURLING
HEIGHT, HUB (WIND ENERGY CONVERSION SYSTEM)
HEIGHT, TOTAL (WIND ENERGY CONVERSION SYSTEM)
HISTORICAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES
ICE THROW
NACELLE
PROPERTY LINE
QUALIFIED PROFESSIONAL
REPOWERING EVENT
ROTOR
SHADOW FLICKER
SOUND EXPOSURE, ADJUSTED TOTAL DAY-NIGHT (Ldn)
STALL-CONTROL
TURBINE
UPWIND ROTOR
VISUAL DOMINANCE ZONE
WELL DESIGNED BRAKING SYSTEM
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL (WECS-C)
WIND ENERGY CONVERSION SYSTEM, SMALL (WECS-S)
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
The sound pressure level in decibels utilizing the "A" weighted
scale defined by ANSI for weighting the frequency spectrum to mimic
the human ear.
The intermittent reflection of the sun off the glossy surface
of wind turbine blades.
The complete or partial destruction of property resulting
from an identifiable event of a sudden, unexpected, or unusual nature.
A group of WECS, contained within the same WECOD, that are
geographically adjacent, and each tower is less than one and twenty-five
hundredth (1.25) times the minimum spacing distance from at least
one (1) other WECS in the group.
The unit of measure used to express the magnitude of sound
pressure and sound intensity.
Action by which the wind turbine is designed to limit its
power output in high winds by changing the rotor's plane of rotation
to a plane that is not perpendicular to the prevailing wind direction.
The distance measured from the ground immediately adjacent
to the tower foundation to the center of the rotor hub.
 |
The sum of the hub height and half of the turbines rotor
diameter distance, measured at the highest point on the blade tip.
Places which have been listed on the National Register of
Historic Places or designated as a National Historic Landmark
Ice build-up that is thrown by the spinning blades.
The enclosure located at the top of a wind turbine tower
that houses the gearbox, generator and other equipment.
A line of record bounding a lot of record that divides one
(1) lot from another lot, or from a public street, or private street,
or any other public space.
A person with experience and training in the pertinent discipline,
and who is a qualified expert with expertise appropriate for the relevant
subject and has been approved by the County.
A planned and approved event in which the developer replaces
older turbines with new turbines or retrofits existing turbines with
more efficient components subject to an approved timeline.
The rotating part of a turbine, including the turbine blades.
Rotor diameter means the cross-section dimension of the circle swept
by the rotating blades.
Alternating changes in light intensity caused by the moving
blades of a wind energy system which cast a repeating pattern of shadows
on the ground and stationary objects, such as a window of a dwelling.
Frequency-weighted sound exposure for a 24-hour day calculated
by adding adjusted sound exposure obtained during the daytime (0700
to 2200 hours) to the adjusted sound exposure obtained during the
nighttime (0000 to 0700 and 2200 to 2400 hours) with a penalty of
ten (10) dB added as defined by ANSI (American National Standards
Institute).
A braking mechanism on wind turbines where the rotor blades
are bolted onto the hub at a fixed angle. The rotor blade profile
is aerodynamically designed to ensure that the moment the wind speed
becomes too high, it creates turbulence on the side of the rotor blade
that is not facing the wind. This stall prevents the lifting force
of the rotor blade from acting on the rotor.
A wind-driven machine that converts wind energy into electrical
power, also known as a wind energy conversion system (WECS).
A design in which the rotor on a wind turbine tower faces
into the wind.
A zone within or distance from which a turbine may be perceived
as dominating the visual landscape, determined to be a zone surrounding
a turbine that is twenty (20) times the total height of the turbine.
The primary braking system, which uses a mechanical brake,
pitch-control of the turbine blades, or stall-control to bring the
turbine to a stop in such a way that stall-induced vibrations/noise
are avoided.
A wind-driven machine that converts wind energy into electrical
power for the primary purpose of sale, resale, or off-site use.
A wind-driven machine, less than one hundred seventy-five
(175) feet in height, that converts wind energy into electrical power
for the primary purpose of on-site use and not for commercial power
production.
B.
Intent And Purpose.
1.
The intent of the Wind Energy Conversion Overlay District is
to establish an area or areas where Wind Energy Conversion Systems—Commercial
(WECS-C) and associated maintenance facilities are allowed by Conditional
Use Permit. Interested property owners in the area that is proposed
for designation shall instigate the initiative for the designation.
2.
This Section has been adopted for the following purposes:
a.
To assure that the development and production of commercial
scale wind-generated electricity in the County assures the health,
safety and general welfare of the public;
b.
To promote the safe, effective, and efficient use of commercial
wind energy conversion systems (WECS-C);
c.
To minimize the degradation of the visual character of the area;
d.
To minimize impact to environmentally sensitive areas, wildlife,
and wildlife habitat;
e.
To facilitate economic opportunities for local residents and
the community;
f.
To facilitate the supply of renewable energy in a manner that
respects the geographic, social, and environmental context of the
County.
3.
Careful consideration as to practicable suitability of an area
requesting designation with respect to the existing and reasonably
assumable future land uses should factor heavily in the decision of
whether or not an area should be designated for WECOD status.
C.
Qualifying Underlying Zoning Districts. A WECOD may be requested
in an Agriculture Zoning District.
D.
District Boundary Requirements.
1.
Two (2) Components. Each WECOD shall be composed of two (2)
parts, the primary district and the buffer.
2.
Primary District Area Requirements:
a.
The smallest component of a primary district is one-quarter
(1/4) section as defined by the Public Land Survey System. Therefore,
when any portion of a lot that is included in a WECOD falls within
a one-quarter (1/4) section, the entire quarter section shall be included
in the WECOD.
b.
A primary district must include a minimum of four (4) contiguous
one-quarter (1/4) sections.
E.
Procedures For Designating A Wind Energy Conversion Overlay District.
1.
Application. Any petition for application for designation of
a WECOD must be submitted to the Zoning Director. The petition for
application shall be completed on forms provided by the Zoning Director
and shall include information as required by herein (application content,
fees, costs).
2.
Determination Of Completeness. An application shall be deemed
complete when the Zoning Director determines that all required application
materials have been submitted and contain sufficient detail for review.
An incomplete application will be returned to the applicant. The Zoning
Director shall have up to thirty (30) days to make a determination
of completeness.
3.
Application Review Period. The Zoning Director shall have one
hundred twenty (120) days from the determination of completeness to
review the application materials and provide written comments to the
owner. The owner shall have up to one hundred twenty (120) days to
address the comments.
4.
Independent Third-Party Review. If the Zoning Director determines
that the County does not have the appropriate expertise to review
any or all of the required application materials, the County may contract
with an independent third party to conduct such reviews. In such cases,
the applicant shall be responsible for the cost of the external review.
5.
Notice. When the Zoning Director and applicant agree that the
application is ready for public hearing, the Zoning Director shall
give notice in a manner consistent with procedures described in this
Section. The applicant shall pay all costs of public notice prior
to any public hearing regarding the proposal.
6.
Planning Board Recommendation. The Planning Board shall hold
a public hearing. Following the public hearing, the Planning Board
shall vote on a recommendation to approve, modify, deny or table the
request.
7.
County Commission Recommendation. Upon receipt of a recommendation
from the Planning Board and before the adoption of a WECOD, the County
Commission shall hold at least one (1) public hearing thereon. The
County Commission may approve, deny or remand the proposal back to
the Planning Board for modification.
F.
Application Content, Fees, Costs.
1.
No action on the request will be taken until all of the required
information has been submitted. Applications for establishing a WECOD
shall include the following:
a.
Satisfactory evidence that the applicant is the owner of the
property or has written permission of the owner(s) to make such application;
b.
Developer Information:
(1)
Name, address, phone number, and e-mail address
of the developer and the developer's contact person for the project;
(2)
A statement from the developer providing relevant
information regarding an overview of the company, the company's financial
condition, the company's environmental management history, and the
company's qualifications and experience in WECS-C development. Specific
references regarding other WECS-C projects are required;
(3)
An identification and description of the expected
owner and builder of the proposed project and a complete financial
statement for such owner and/or builder including audits or reviews,
whichever are applicable, for three (3) years preceding the date of
application;
(4)
The name, address, phone numbers, and e-mail address
of the project manager in the event the project is approved and the
name, address, phone numbers, and e-mail address of any potential
buyers of the project.
c.
A Petition For Application On Forms Provided By The Zoning Director.
For purposes of calculating the percentages described below, each
legal lot will qualify for one (1) signature. The product of all calculations
shall be rounded to the nearest whole number. The petition shall contain
the following:
(1)
The notarized signatures of the owners of at least
seventy-five percent (75%) of the real property, as identified by
legal lot, within the proposed primary district. The following formula
shall be used:
(a)
Total acreage of primary district x 0.75 = total
acreage for which signatures must be obtained.
(2)
The notarized signatures of at least sixty-seven
percent (67%) of the owners of real property, as identified by legal
lot, within the proposed primary district. The following formula shall
be used:
(a)
Number of legal lots x 0.67 = number of signatures.
(3)
The notarized signatures of at least sixty-seven
percent (67%) of the owners of real property, as identified by legal
lot, within the proposed buffer. The following formula shall be used:
(a)
Number of legal lots x 0.67 = number of signatures.
(4)
A list including the name, address, and parcel
number(s) of all property owners within the proposed primary district.
(5)
A list including the name, address, and parcel
number(s) of all property owners within the proposed buffer.
(6)
A list including the name, address, and parcel
number(s) of all property owners within one thousand (1,000) feet
of the boundary of the proposed overlay district.
d.
Relevant background information on the project, including rationale
and need for the project by the landowner and developer, timeframe
and project life, phases of development, likely markets for the electricity
produced, and the possibilities for future expansion;
e.
A narrative explanation of why the proposed project site was
chosen by the applicant over alternative locations for the project
in the region and reasons for preferring the proposed site over the
alternatives considered by the applicant. The region shall be defined
as all Counties adjoining and including Cass County;
f.
The applicant's position regarding the consequences of not approving
the project;
g.
An overlay district plan, drawn to a scale where all features
are legible, including the following:
(1)
A legal description of the proposed overlay district
prepared by and bearing the seal of a land surveyor licensed to practice
in the State of Missouri;
(2)
An aerial image showing the boundary of the proposed
overlay district, displaying distinctly both the primary and buffer
components of the proposed district. Image shall also distinctly display
property boundaries of all legal lots within the proposed district
and within one thousand (1,000) feet of the boundary of the proposed
district;
(3)
The general vicinity of the project location within
the County;
(4)
Scale and north arrow;
(5)
Acreage of the primary district;
(6)
Acreage of the buffer;
(7)
Location and physical dimensions of existing structures
and general location and approximate physical dimensions of proposed
structures, including all proposed individual wind turbines. If an
exact number or dimensions of wind turbines is not known at the time
of application, the site plan shall identify a maximum number and
maximum dimensions that will be expected and a range from minimum
number expected to the maximum;
(8)
Identify potential staging and maintenance areas;
(9)
Houses within one thousand (1,000) feet of the
overlay district boundary and the approximate distance of such houses
from the district boundary;
(10)
Any additional houses within one-half (1/2) mile
of the district boundary;
(11)
Location of existing electrical lines and facilities,
including transmission lines;
(12)
Approximate location of proposed electrical lines
and facilities, including transmission lines and whether underground
or overhead;
(13)
Existing topography;
(14)
Approximate proposed areas to be graded;
(15)
Approximate proposed removal of natural vegetation;
(16)
Wind characteristics and dominant wind direction;
(17)
Proposed setbacks of all proposed structures from
the district boundary;
(18)
Projected methods of traffic circulation within
the proposed district;
(19)
Anticipated ingress and egress locations for each
proposed turbine location within the proposed district;
(20)
Location of all public roads within the proposed
district and the location and distance to public roads in all directions
surrounding the proposed district boundary;
(21)
Approximate location of any major known underground
pipelines or other underground utilities;
(22)
Approximate location of any major known utility
easements;
(23)
Location of any delineated 100-year floodplains,
stream buffers, sinkholes, wetlands, and other environmentally sensitive
areas.
h.
A Visual Impact Assessment Developed By A Qualified Professional.
The study shall provide accurate and site-specific visualizations
from key observation points and a detailed description of the methods
and supporting information. The assessment, shall include, at a minimum,
the following:
(1)
Virtual simulations which may include 3D visualization
models, photographic simulations, and animated visualizations as determined
necessary by the Zoning Director;
(2)
Viewshed analysis to determine actual visibility
and the characteristics of the views within the project area including
different seasons, times of day and weather conditions;
(3)
Inventory of views to provide the basis for evaluating
the extent of visibility. This inventory shall include written description
of views, distance from proposed project, duration of view, and characteristics
of the view from the following:
(a)
All houses located within one thousand (1,000)
feet of the district boundary;
(b)
All houses within the district whose owners did
not sign the petition for application;
(c)
Any applicable historic, cultural, or archeological
significant sites;
(d)
Any applicable public roads;
(e)
Any applicable government-designated scenic byways,
government-designated scenic overlooks, public parks, conservation
areas, or wildlife refuges.
(f)
Photographic Simulations of key viewpoints shall
be provided as determined necessary by the Zoning Director;
(g)
A summary of key findings and proposed mitigation
techniques.
i.
An estimated economic Cost/Benefit Analysis (CBA) describing
the impact of the project on the local and State economy in the following
respects:
(1)
The amount of property taxes to be generated by
the project;
(2)
The amount of sales taxes to be generated by the
project;
(3)
The amount of other applicable taxes to be generated
by the project;
(4)
Any distinction in the amount of taxes that will
be generated and the distribution of the tax revenue if the facility
is privately owned or acquired/owned by a public entity or public
utility;
(5)
The construction dollars to be spent locally;
(6)
The number of construction jobs and estimated construction
payroll;
(7)
The number of permanent jobs and estimated continuing
payroll;
(8)
The benefit of the electricity generated by the
project;
(9)
Any projected costs or benefits to tourism in the
County;
(10)
Other projected economic benefits and costs of
the project;
(11)
Costs associated with the impact on roads or other
County infrastructure in the area and a draft transportation infrastructure
plan and mitigation agreement.
j.
An environmental assessment of the potential adverse impacts
from the project and any proposed measures to mitigate or lessen the
effects of the adverse impacts. The assessment and mitigation plan
shall be conducted by a qualified professional, and include, at a
minimum, all of the following:
(1)
Documentation that the owner/applicant has followed
the United States Fish and Wildlife Service Land Based Wind Energy
Guidelines and copies of all resulting studies and recommendations;
(2)
Impact on wildlife and wildlife habitat on the
site and in the proposed WECOD;
(3)
Impact on any endangered or threatened species
on the site and in the proposed WECOD;
(4)
Impact on flora on the site;
(5)
A report, bearing the seal of a qualified professional,
detailing expected adjusted total day-night sound exposure (Ldn) at
the nearest property line;
(6)
Any wastes, either municipal solid waste or hazardous
waste, generated by the project at any point in its lifespan;
(7)
Electromagnetic fields and communications interference
generated by the project;
(8)
Risk of fire from the project, including threat
of lightning strikes;
(9)
Impact of the project on civilian and military
aviation in the area;
(10)
Impact of the project on soil erosion;
(11)
Impact of the project on water quality and water
supply in the area;
(12)
Potential hazards from ice throws and debris throws;
(13)
Dust from project activities;
(14)
Potential hazards from collapse or damage of turbines
or system components in severe storms;
(15)
Impact on historic, cultural, or archaeological
resources;
(16)
Impact of shadow "flicker" on houses from any
WECS-C and estimated duration of the shadow flicker (in hours per
year);
(17)
Potential hazards of "blade glint";
(18)
A general discussion of any potential changes
to the above assessment items that could be anticipated when considering
the cumulative impacts of other wind energy projects in the region.
The region shall be defined as all Counties adjoining Cass County
and including Cass County. When considering the cumulative impacts,
only wind energy projects that are either existing, approved or applied
for shall be considered. Speculative projects that are not publicly
known are not required to be considered.
k.
A copy of the written notification to the utility of the proposed
interconnection;
l.
Information, in as much detail as possible, on the type, size,
maximum and minimum height, rotor size, rotor material, color scheme,
rated power output, performance, safety, fire suppression systems,
and noise characteristics of each proposed wind turbine model, tower
and electrical transmission equipment;
m.
A general description of the decommissioning and land reclamation
strategy in the event the project is abandoned or upon the end of
the useful life of the project. The applicant shall specify the anticipated
useful life of the project;
n.
The anticipated volume and designated route for traffic generated
during the construction phase, including routes for oversized and
heavy equipment, and the proposed method of providing assurances to
the public entities responsible for the roads of repairs and on-going
maintenance to the roads and bridges needed to support the project;
o.
The anticipated volume and designated route for traffic generated
during the utilization of the facilities, including routes for oversized
and heavy equipment needed for maintenance and repairs, and the proposed
method of providing assurances to the public entities responsible
for the roads of repairs and on-going maintenance to the roads and
bridges needed to support the project;
p.
The anticipated operation and maintenance requirements (including
estimated frequency of maintenance activities) for the turbines and
internal transmission lines connecting the individual turbines within
the project and the transmission lines connecting the system to the
power "grid";
q.
The anticipated location, width and proposed method of acquisition
of transmission line easements required, including access requirements
to the easements and any associated necessary restrictions on land
use, development, and access within said easements;
r.
The anticipated timeline for completing construction of all
proposed structures within the proposed WECOD;
s.
A general description of the plan for securing the site and
the various structures and facilities from access by unauthorized
persons;
t.
A description of the Federal Aviation Administration requirements
applicable to the structures and facilities on the site and the proposed
methods for meeting those requirements.
G.
Fees. The applicant shall submit an application fee, as established
by the County Commission, with the application.
H.
Costs. The applicant shall be responsible for the costs of all required
public notice and the preparation of the application materials, including
but not limited to all required surveys and property descriptions.
I.
Notice Procedures.
1.
The Zoning Director shall give notice of the application in
the following manner:
a.
By regular mail to the owners of all property within the proposed
overlay district.
b.
By regular mail to the owners of all property within one thousand
(1,000) feet of the boundary of the proposed overlay district.
c.
Publication in a newspaper having general circulation within
the County.
d.
Posting in a public area in the County.
J.
Approval Standards. The following guidelines shall be considered
by the Planning Board and the County Commission in evaluating the
appropriateness of proposed locations for WECS-C and the proposed
project components.
1.
Purpose. The purpose of the guidelines is to assist decision-makers
in uniformly analyzing the impacts of each proposed WECS-C project
and thereby arrival at consistent and balanced decisions.
2.
Natural And Biological Resources.
a.
Biological Conflicts. WECS-C should not be located in areas
that have a substantial potential for biological conflicts.
b.
Vast Natural Landscape. WECS-C should avoid large intact areas,
at least six hundred forty (640) acres in size, of native vegetation
that has not been significantly disturbed by man-made developments
such as power lines, gas lines, oil or gas wells, public roads, etc.
c.
Migration Paths. WECS-C should avoid areas that would interfere
with important wildlife migratory corridors and staging areas.
3.
Appearance.
a.
Nature Areas. WECS-C should avoid sites that are readily visible
from government-designated scenic byways, government-designated scenic
overlooks, public parks, conservation areas, and wildlife refuges.
b.
Visual Clutter. To avoid clutter, the visual effects of ancillary
structures, roads, and fences on the site should be minimized.
c.
Visual Unity. A WECS-C project should maintain visual unity
among clusters of turbines.
d.
Color. To promote visual uniformity, the rotors, nacelles, and
towers of all turbines in an array should appear similar and shall
be a shade of white in color.
e.
Density. To avoid objectional density each WECS-C must be at
least six (6) times its rotor diameter from another WECS-C beginning
at the nearest point on the base of each tower.
f.
Power Lines. To avoid visual clutter, intra-project power lines
having a voltage of thirty-four thousand five hundred (34,500) volts
or less shall be buried unless the applicant can sufficiently demonstrate
that burying the lines will violate other governmental or industry-wide
guidelines/standards, violate applicable law, or have demonstrated
that such lines will be hidden from public view.
g.
Skyline. To avoid cluttering the skyline, transformers and other
electric equipment should be hidden from view.
4.
Soil Erosion And Water Quality.
a.
WECS-C shall avoid construction activities on slopes that are
steep or susceptible to erosion.
b.
The number of improved private access roads and construction
staging areas should be kept to a minimum.
c.
The grading width of private access roads should be minimized.
One-lane roadways with lay-bys are recommended.
d.
The number and size of staging areas and crane pad sites should
be minimized.
K.
Siting And Performance Standards.
1.
Purpose. The following standards are to be achieved by each
WECS-C project without exception. Because they are standards, they
are considered to be requirements of any WECS-C project. The final
decision on whether or not a particular standard is achieved by a
WECS-C project shall be made by the County Commission after considering
the recommendations of the Planning Board.
2.
Noise Management.
a.
Measurement, Modeling, And Analysis.
(1)
A noise study shall be conducted to demonstrate
that the system does not exceed an adjusted total day-night sound
exposure (Ldn) of forty-five (45) dBA measured from the property line.
(2)
The study shall be conducted by a qualified professional.
(3)
Measurement, modeling, and analysis shall conform
to the version in effect at the time of the adoption of these regulations
of the following: ANSI S12.18, ANSI S12.9-2005, IEC 61400, and ISO
9613.
b.
Sound Level. The noise level caused by the operation of the
project shall not exceed fifty (50) dBA during any daytime hours and
forty (40) dBA during any nighttime hours, as measured at the nearest
property line. The average adjusted total day-night sound exposure
shall not exceed forty-five (45) dBA Ldn.
c.
Addressing Complaints. Upon receipt of a complaint regarding
noise from an existing WECS-C project by the Zoning Director, which
the Zoning Director determines to be reasonable, the project owner
shall, within thirty (30) days of notification, be required to provide
a noise study conducted by a qualified professional to demonstrate
that the system does not exceed the sound levels, as specified herein.
If the WECS-C is determined to be out of compliance, it shall be shut
down until compliance can be demonstrated.
e.
Natural And Biological Resources.
(1)
Vegetative Burning Buffers. In areas where grassland
burning is practiced, appropriate "buffer" areas shall be used to
enable infrastructure to withstand periodic burning of vegetation.
(2)
Avian Perches. No perches are permitted on the
nacelles of turbines. WECS-C towers shall not use lattice-type construction
or other designs that provide perches for avian predators.
f.
Visual Impacts.
(1)
Blade Uniformity. To provide visual order to a
WECS-C project, all individual turbines shall have the same number
of rotor blades. All rotor blades shall spin in the same direction
(i.e., clockwise or counterclockwise) in relation to the wind.
(2)
Height Uniformity. To promote visual uniformity,
all turbines at a similar ground elevation shall have the same height
from blade tip to the ground.
(3)
Clusters. Distinct groupings or clusters of turbines
shall be limited to no more than twelve (12) turbines per cluster.
Each cluster must be greater than one and twenty-five hundredths (1.25)
times the minimum spacing distance from another cluster.
(4)
Locking. In light wind conditions, turbine rotor
blades shall not be kept in a locked position except as necessary
to meet operational or maintenance requirements.
(5)
Outdoor Storage. Except during construction, re-construction
or removal, outdoor storage is not permitted provided that this restriction
shall not apply to the project's designated operations and maintenance
facility as approved by a Conditional Use Permit.
(6)
Repair Requirements. If turbines become inoperable
for any reason, they shall be repaired within ninety (90) days unless
the County Commission approves an extension upon request of the operator
and showing of good cause why such extension should be granted.
(7)
Internal Components. To avoid cluttering the skyline,
inverters and pendant power cables shall be located inside the wind
turbine tower, nacelle or structure.
(8)
External Telecommunication. No telecommunications
dishes, antennas, cellular telephone repeaters or other similar devices
shall be attached to wind turbine towers unless mounted inside the
tower.
(9)
Prohibited Markings. Aircraft obstruction markings
of the turbines by use of alternating red and white bands shall be
prohibited.
(10)
Prohibited Advertising. No billboards, logos,
or advertising signs of any kind shall be located on the turbines.
(11)
Permitted Height. Height shall be determined by
the hub height for each individual turbine. The maximum hub height
shall be eighty (80) meters [eighty (80) meters is approximately two
hundred sixty-three (263) feet].
(12)
Total Height. The overall height is determined
by the sum of the hub height and half of the turbine's rotor diameter
distance, measured at the highest point on the blade tip.
 |
g.
Soil Erosion And Water Quality.
(1)
Minimize Impact. Construction and maintenance shall
be done in strict accordance with the erosion and sediment control
plan submitted with the building permit so as to minimize soil erosion
and damage to native vegetation.
(2)
Restoration. If native vegetation is damaged during
construction, it shall be restored after construction is complete
in areas not occupied by the WECS-C and related facilities and roads.
3.
Safety.
a.
Property Setbacks. Individual wind turbines shall be set back
one thousand seven hundred fifty (1,750) feet from all property lines
of the single discrete undivided lot of record upon which it is located
to the nearest point on base of tower. Lease, easement, or other ownership
interest of adjoining discrete lots does not remove the property lines
between discrete lots from which the measurements are made.
b.
Road Setbacks. Individual wind turbines shall be set back one
thousand seven hundred fifty (1,750) feet from all public road rights-of-way
to the nearest point on the base of the tower.
c.
Minimum Spacing. Each WECS-C must be at least six (6) times
its rotor diameter from another WECS-C beginning at the nearest point
on the base of each tower.
d.
Minimum Clearance. Each WECS-C must maintain a minimum clearance
of fifteen (15) feet from the ground, immediately adjacent to the
tower base, to the rotor tip at its lowest point.
e.
Lighting. Lighting of turbines shall be radar activated and
in compliance with current FAA aircraft detection lighting system
regulations. Any emergency reserve lighting shall follow "daytime
white/nighttime red" standards.
f.
Fire Suppression. All WECS-C shall be equipped with an automatic
fire suppression system.
g.
Markings. Individual wind turbine heights and markings shall
comply with Federal Aviation Administration (FAA) regulations.
L.
Decommissioning And Reclamation.
1.
Security.
a.
Purpose. The purpose of the security requirement is to ensure
that adequate funding is available to be used to pay the costs of
decommissioning and site reclamation, including removal of individual
turbines and other above-ground project improvements subject to permit
in the event of abandonment of individual turbines or abandonment
of the entire project.
b.
Submittal Of Security. The project owner of a WECS-C shall,
at its expense, and not later than thirty (30) days before commencement
of project construction, obtain and submit security in favor of the
County for approval by the County Commission.
c.
Form Of Security. Such security shall be in the form of a letter
of credit, a cash escrow account, a performance bond, or other form
of security which is acceptable to the County. Any entity providing
security must be authorized to provide such security in the State
of Missouri and must be acceptable to the County Commission. The security
must contain such provisions, terms or conditions as the County deems
to be necessary, including, but not limited to, those set out herein,
unless specifically waived, in writing, by the County.
d.
Amount. The security shall be in an amount equal to one hundred
fifty percent (150%) of the estimated decommissioning and reclamation
costs and shall provide for an annual adjustment of the amount of
the security based on the annual rate of inflation. Such amount shall
be determined by the County Commission based upon estimates from knowledgeable
contractors and such other information or factors that the Commission
deems to be relevant.
e.
Maintenance Of Security. The security may not be canceled, released,
or in any way terminated without prior written approval from County
Commission. The security shall be maintained and continued in force
as long as such turbines or other above-ground improvements exist
and until all decommissioning and site reclamation has been completed
and paid for.
(1)
Additional Security — When Required. If the
County Commission has any reason to believe that the security is insufficient,
it may demand such other security as it deems to be necessary.
(2)
Survival Of Sale. The security must be written
so as to survive any sale or transfer of the turbines and related
project property or the insolvency of the project owner. It shall
further apply to all successors and assigns of the project owner.
2.
Abandonment.
a.
Individual Turbine. An individual turbine shall be considered
to have been abandoned when the turbine is incapable of producing
more than twenty percent (20%) of the average amount of electricity
produced by such turbine in comparable previous time periods (adjusted
for actual wind conditions), as determined by the Zoning Director,
for a period of at least six (6) consecutive months and there is no
demonstrated viable plan to restore the equipment to operating condition
or if determined inoperable.
b.
Entire Project. An entire project shall be considered to have
been abandoned when at least fifty percent (50%) of the individual
turbines in any WECOD are abandoned or considered to be abandoned,
and there is no demonstrated viable plan to restore the equipment
to operating condition. Except for any repowering event or casualty
event subject to a County-approved schedule of completion not to exceed
five (5) years.
c.
Extension. An extension of the six-month time period may be
granted by the County Commission upon the presentation of sufficient
justification by the project owner.
d.
Excavation. All underground equipment and foundation systems
of WECS-C shall be removed to a depth of at least four (4) feet to
allow for the cultivation of crops, restoration of pasture, or installation
of underground utilities.
3.
Reclamation.
a.
Owner Initiated. The owner/operator shall commence reclamation
proceedings within ninety (90) days of the date of abandonment of
an individual turbine and/or the entire project. Reclamation activities
shall be conducted in accordance with the reclamation plan and the
standards contained in these regulations.
b.
County Initiated. Upon determining that an individual turbine
and/or entire project has been abandoned, the Zoning Director shall
notify the owner/operator by certified mail. The notice shall allow
ninety (90) days for the commencement of decommissioning. The notice
shall also inform the owner/operator of their right to request a hearing
before the County Commission.
(1)
Abandonment And Reclamation Hearing. Upon request
of the owner/operator or expiration of the ninety-day deadline, the
Zoning Director shall schedule a hearing with the County Commission
and provide the owner/operator notice as to the time and location
of the hearing.
(2)
Hearing Purpose. The purpose of the hearing is
to determine the validity of the determination of abandonment, establish
whether the owner/operator intends to reclaim, and whether to authorize
the use of security to complete the reclamation of the individual
turbine site or the entire project.
M.
Permit Procedures And Requirements.
1.
Permit Holder. All Orders by the County Commission granting
a Conditional Use Permit for a WECS-C project shall specify that the
Conditional Use Permit is issued to the project owner.
2.
Transfer Of Conditional Use Permit — Approval Required.
The holder of the Conditional Use Permit for a WECS-C project may
not transfer, assign, or otherwise convey the Conditional Use Permit
to another without prior approval of the County Commission. The County
Commission shall give such approval upon its finding that the party
to which the Conditional Use Permit is to be conveyed will comply
with all of the requirements of these regulations and all conditions
of the Conditional Use Permit.
3.
Building Permit Issuance. Upon signing of the Conditional Use
Permit, the County may issue a building permit for the project following
a thirty-day waiting period and prior to the start of construction.
The building permit application shall contain all of the following
information to be provided by the project owner:
a.
All of the special conditions outlined in the Conditional Use
Permit approval;
b.
A site plan, in final detail, that includes all of the information
required on the application site plan;
c.
A final grading plan;
d.
A final erosion and sediment control plan;
e.
A final plan for site security;
f.
A final decommissioning and reclamation plan;
g.
Documentation of the establishment of the security for reclamation;
h.
Documentation that the project is in compliance with all of
the requirements of the following:
4.
The Zoning Director shall issue a separate building permit for
the construction of each individual wind turbine structure and each
related accessory structure and each structure within a staging area
as determined by the Zoning Director.
N.
Procedures For Vacation (Removal) Of The Overlay District.
1.
Removal of a designated WECOD shall be accomplished by the same
procedures as followed to establish the overlay district except as
provided below.
2.
Failure To Perform. Additionally, the County Commission shall
have the authority, after a public hearing, to remove the overlay
district if it is determined that no WECS-C have been constructed
in the WECOD within a period of ten (10) years from the date of the
County Commission Order that established the district.
3.
Abandonment. If an entire project is deemed abandoned, the County
Commission shall have the authority, after a public hearing, to remove
the overlay district.
O.
Conditional Use Permits — Wind Energy Conversion Systems.
1.
Purposes And General Permit Requirements.
a.
These regulations are intended to regulate the placement and
construction of commercial wind energy conversion systems (WECS-C)
in order to protect and promote the public health, safety, and welfare,
to protect the environment, to promote the efficient use of land and
to preserve property values.
b.
No WECS-C as defined herein shall be constructed, erected, maintained
or operated except under Conditional Use Permit issued in accordance
with these regulations in areas zoned Wind Energy Conversion Overlay
District (WECOD).
c.
All Conditional Use Permits for WECS-C shall comply with the
procedures and standards of these regulations and the Wind Energy
Conversion Overlay District.
2.
Applicability.
a.
These regulations apply to WECS-C facilities and accessory facilities
such as staging yards, maintenance yards, maintenance buildings, or
laydown yards, in a Wind Energy Conversion Overlay District (WECOD).
3.
Application Standards For A New WECS-C.
a.
Limited Number Of Applications Per Month.
(1)
Up to three (3) applications from the same project
owner may be submitted per month.
(2)
Each application may contain up to two (2) WECS-C
that are located less than one and five-tenths (1.5) times the minimum
spacing distance from each other.
(3)
The Zoning Director may allow groups of up to six
(6) WECS-C to be included in one (1) application if:
b.
Project Owner Information.
(1)
Name, address, phone number, and e-mail address
of the project owner and the project owner's contact person for the
project;
(2)
A statement from the project owner providing relevant
information regarding an overview of the company, the company's financial
condition, the company's environmental management history and the
company's qualifications and experience in WECS-C development. Specific
references regarding other WECS-C projects are required;
(3)
A description of the entity identified as the project
owner and builder of the proposed project and a complete financial
statement for such entity including audits or reviews, whichever are
applicable, for three (3) years preceding the date of application;
(4)
The name, address, phone number and e-mail address
of the manager of the project in the event the project is approved
and the name, address and phone numbers of any proposed buyers of
the project.
c.
Site Plan.
(1)
A site plan drawn in sufficient detail to clearly
describe the following:
(a)
General vicinity of the project location within
the County;
(b)
Scale and north arrow;
(c)
Acreage of the site;
(d)
Physical dimensions of the property and the physical
location of the project boundary including the property lines of the
discrete lot;
(e)
Any previous survey work of record within the project
boundary and any deed work showing consolidations of separate lots
into the single proposed lot upon which the project is proposed;
(f)
Location and physical dimensions of existing structures
and location and physical dimensions of proposed structures, including
the proposed wind turbines and accessory structures;
(g)
Houses within one thousand (1,000) feet of the
parcel boundary and the approximate distance of such houses from the
proposed tower, and any additional houses within one-half (1/2) mile
of the proposed tower;
(h)
Location of existing electrical lines and facilities,
including transmission lines and whether overhead or underground;
(i)
Approximate location of proposed electrical lines
and facilities, including transmission lines and whether overhead
or underground;
(j)
Existing topography;
(k)
Proposed grading and removal of natural vegetation;
(l)
Wind characteristics and dominant wind direction;
(m)
Proposed setbacks of all proposed structures from
the project boundary;
(n)
Anticipated ingress and egress locations and projected
methods of circulation on the project property;
(o)
Location of and distance to public roads in all
four (4) directions surrounding the project perimeter;
(p)
Approximate location of any major known underground
pipelines or other underground utilities;
(q)
Approximate location of any major known utility
easements;
(r)
Location of any delineated 100-year floodplains,
stream buffers, sinkholes, wetlands, and other environmentally sensitive
areas;
(s)
Approximate area/size of land disturbance.
d.
A summary of the economic Cost/Benefit Analysis (CBA) that was
submitted and reviewed as part of the approval process for the WECOD
in which the proposed WECS-C is located and:
e.
A summary of the environmental assessment of the potential adverse
impacts from the project that was submitted and reviewed as part of
the approval process for the WECOD in which the proposed WECS-C is
located as well as:
f.
A copy of written notification to the utility company(s) of
the proposed interconnection with their corresponding service(s).
g.
Detailed information on the type, size, height, rotor size,
rotor material, color scheme, rated power output, performance, safety
and noise characteristics of the proposed wind turbine model, tower
and electrical transmission equipment.
h.
A decommissioning and land reclamation plan to be implemented
in the event the project is abandoned or upon the end of the useful
life of the project. The plan shall include a statement specifying
the anticipated useful life of the project.
i.
A summary of the Transportation and Infrastructure Mitigation
Plan developed during the approval process for the WECOD in which
the proposed WECS-C is located in addition to:
(1)
A description of how the proposed WECS-C relates
to that plan.
(2)
The mitigation measures that are to be implemented
and a schedule of when such measures are to be completed.
(3)
If applicable, the Missouri Department of Transportation
approval of the plan for the site-specific project.
(4)
If applicable, any local municipalities approval
of the plan for the site-specific project.
j.
A plan for the physical security of the site and the structure(s)
authorized by the Conditional Use Permit.
k.
A Federal Aviation Administration Determination of No Hazard
(if required), or a written statement from FAA that the tower is exempt
from such requirements.
l.
The project owner has demonstrated compliance with United States
Fish and Wildlife Service Land-Based Wind Energy Guidelines and compliance
with all recommendations resulting there from.
4.
Approval Standards For A New WECS-C.
a.
It is the responsibility of the project owner to provide sufficient
information and documentation to allow approval of the Conditional
Use Permit (CUP).
b.
Before authorizing the issuance of a CUP for a WECS-C, the County
Commission shall satisfy itself that the following approval standards
are met:
(1)
The project owner has addressed mitigation as identified
in the economic Cost/Benefit Analysis (CBA) that was submitted and
reviewed as part of the approval process for the WECOD in which the
proposed WECS-C is located;
(2)
The project owner has addressed measures to mitigate
or lessen the effects of the adverse environmental impacts that relate
to the construction and operation of the proposed WECS-C as identified
in the environmental assessment of the potential adverse impacts that
was submitted and reviewed as part of the approval process for the
WECOD is which the proposed WECS-C is located;
(3)
The project owner has notified applicable utilities
of the proposed interconnection;
(4)
The type, size, height, rotor size, rotor material,
color scheme, and noise characteristics of the proposed wind turbine
model and tower are similar to all other towers in the same WECOD;
(5)
A satisfactory Decommissioning and Land Reclamation
Plan has been submitted including procedures to address project abandonment
or upon the end of the useful life of the project;
(6)
The project owner has negotiated a draft agreement
with the County Commission to mitigate traffic and road related impacts
as identified in the Transportation and Infrastructure Mitigation
Plan;
(7)
Adequate measures are proposed to protect the physical
security of the site and the structure(s) authorized by the Conditional
Use Permit;
(8)
The project owner has submitted a Federal Aviation
Administration (FAA) Determination of No Hazard (if required), or
a written statement from FAA that the tower is exempt from such requirements;
(9)
The project owner has demonstrated compliance with
United States Fish and Wildlife Service Land-Based Wind Energy Guidelines
and compliance with all recommendations resulting therefrom;
(10)
The proposed WECS-C complies with all requirements
and standards of the Wind Energy Conversion Overlay District;
(11)
The County Commission may use testimony and evidence,
presented in the public hearings to establish the WECOD or to impose
additional conditions on the CUP.
5.
Standard Conditions.
a.
The following conditions shall be attached to each Conditional
Use Permit granted under this Section, unless the County Commission
specifically omits one (1) or more.
(1)
Prior to construction of any structure authorized
by this permit, the owner shall enter into a transportation and infrastructure
mitigation agreement approved by the County Commission.
(2)
Any alteration to any lot line, as it existed at
the time of application submittal, that results in a conflict with
any adopted standard or condition of approval, shall be cause for
revocation of the permit.
(3)
The owner shall submit an annual report detailing
monthly power generation for each WECS-C for the previous twelve (12)
months. The annual reporting period shall commence on the date the
Conditional Use Permit is issued. Reports are due within sixty (60)
days of the end of each annual reporting period.
(4)
The owner shall continue to comply with the United
States Fish and Wildlife Service Land-Based Wind Energy Guidelines.
(5)
Any division of land, regardless of the acreage
involved, on which a Conditional Use Permit (CUP) for a WECS-C has
been issued is subject to review by the Zoning Director. The Zoning
Director's review is to ensure that the proposed division is compatible
with the requirements of the CUP.
(6)
If proposed division is not compatible with the
requirements of the CUP, it is prohibited.
(7)
The owner shall record, in the land records of
the Cass County Recorder of Deeds, a Notice of Land Division Review
(NLDR). The NLDR shall be on forms provided by the Zoning Director
and shall clearly state the requirements of this condition.
6.
All WECS-C shall be equipped with an automatic fire suppression
system that meets the applicable NFPA standard or is otherwise approved
by the fire district with jurisdiction.
P.
Wind Energy Conversion System, Small (WECS-S).
1.
A special use permit is required in accordance with the processes applicable to Section 400.660. The tower unit must be set back from the nearest property line a distance equal to the tower height plus fifty (50) feet, and may be no nearer than six hundred (600) feet from the nearest adjacent residential dwelling.
