[Res. No. 07-06, Zoning Order Art.
10 § A, 7-12-2007; Ord. No. 24-05, 6-26-2024]
A.
Purpose. The purpose of special use permits is to provide the County
with a procedure for determining the appropriateness of a proposed
use not authorized as a matter of right by the regulations of the
district in which the use is proposed to be located. The appropriateness
of the use shall be determined in consideration of surrounding uses,
activities and conditions of the site and of surrounding areas. Based
upon this determination, the BZA may decide to permit, reject or permit
conditionally the use for which the special use permit is sought.
B.
Issuance. The BZA may authorize, under prescribed conditions, the
construction or undertaking of any special use that is expressly permitted
as a special use in a particular zoning district; however, the BZA
reserves full authority to deny any request for a special use, to
impose conditions on the use or to revoke approval at any time, upon
a finding that the permitted special use will or has become unsuitable
and incompatible in its location as a result of any nuisance or activity
generated by the use.
C.
Status Of Special Permitted Uses.
1.
The designation of a use in a zoning district as a special use
does not constitute an authorization or assurance that such use will
be approved.
2.
Approval of special use permit shall be deemed to authorize
only the particular use for which the permit is issued.
3.
No use authorized by a special use permit shall be enlarged,
extended, increased in intensity or relocated unless an application
is made for a new special use permit in accordance with the procedures
set forth in these regulations.
4.
Development of the use shall not be carried out until the applicant
has secured all the permits and approvals required by these regulations,
or any permits required by regional, State or Federal agencies.
D.
Application For Special Use Permit.
1.
An application for a special use permit may be submitted by
the property owner or by the property owner's authorized representative.
2.
Application will be made on forms as provided by the Zoning
Officer in his/her discretion and shall include but not be limited
to the submittal documents identified below:
a.
List of owners of the land in the application. Mortgagors holding
an interest in the property are to be identified and signatory if
required by their interest.
b.
List of property owners within one thousand (1,000) feet of
the subject property prepared by a title company.
c.
Topographical site plan, indicating contours at a minimum of
two (2) foot elevation change intervals where necessary to develop
site gradient characteristics.
d.
Construction site plan(s) and specifications indicating proposed
improvements and describing them sufficiently to provide the information
required in this Section.
e.
Stormwater management site plan.
f.
Such other supporting documents as required by the Zoning Officer
in order to provide an understanding of the conditions related to
proposed use.
g.
Application will be accompanied by fees in an amount established
by the Commission by separate order, charged to and collected from
the applicant prior to acceptance of the application.
3.
The Planning Board shall consider the applications under the
standards contained in this Section, as applicable to the requested
special use, and decide whether to recommend approval to the BZA.
The Planning Board shall hold a public hearing on the application
and make a recommendation to the BZA.
4.
Prior to the Planning Board making its recommendation regarding
an application, the Planning Board shall conduct a public hearing.
Notice of such public hearing shall be published in at least one (1)
newspaper having general circulation within the County, posted at
least fifteen (15) days in advance thereof in one (1) or more public
area in the County, by the applicant sending regular mail to all owners
of any real property located within one thousand (1,000) feet of the
subject parcel of land, and by the applicant posting on the subject
parcel signage as provided by the Zoning Officer, each method at least
fifteen (15) days before the date of the hearing.
5.
After receipt of a recommendation from the Planning Board, the
BZA shall consider the application. The BZA shall conduct a public
hearing on the application. Notice of such public hearing shall be
published in at least one (1) newspaper having general circulation
within the County, posted with the County Clerk's office, by
the applicant sending regular mail to all owners of any real property
located within one thousand (1,000) feet of the subject parcel of
land, and by the applicant posting on the subject parcel signage as
provided by the Zoning Officer, each method at least fifteen (15)
days before the date of the hearing.
E.
Standards. The burden of persuasion shall rest with the applicant
to clearly establish to the satisfaction of the BZA that the proposed
special use will meet the following criteria. The BZA shall not approve
a special use unless it finds that the application and evidence presented
clearly indicate that the proposed special use:
1.
The proposed use is consistent with the goals and objective
of these regulations and the Comprehensive Plan;
2.
The proposed special use is not materially detrimental to the
public health, safety, convenience and welfare, or results in material
damage or prejudice to other property in the vicinity;
3.
The proposed use is compatible with and preserves the character
and integrity of the surrounding area and includes improvements or
modifications either on-site or within the public rights-of-way to
mitigate development related adverse to impacts, such as traffic,
noise, odors, visual nuisances, or other similar adverse effects to
surrounding area. These improvements or modifications may include,
but shall not be limited to the placement or orientation of buildings
or structures, parking areas, buffer yards, and the addition of landscaping,
walls, or both, to ameliorate such impacts;
4.
The proposed use does not generate pedestrian and vehicular
traffic which will be hazardous to the existing and anticipated traffic
in the area;
5.
Will contribute to and promote the community welfare at the
specific location;
6.
The size and character of any construction required as part
of the proposed use, in relationship to similar aspects of the surrounding
area, is proportional and appropriate for the area;
7.
The aesthetic character of any construction required as part
of the proposed use or any aspect of the use, in relationship to similar
aspects of the surrounding area, is consistent and appropriate for
the area;
8.
Will not cause substantial injury to the value of neighboring
property.
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Upon final consideration of an application, if the motion to
approve the proposed order granting the special use permit fails,
then the Zoning Officer shall prepare a proposed record of decision
of disapproval, to be presented for consideration by the BZA at its
next regular meeting or such later date as may be determined by the
BZA. The BZA may take such time as it determines necessary before
adopting a proposed record of decision of disapproval.
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F.
Conditions And Restrictions. In approving a special use permit application,
the BZA may impose conditions and restrictions as necessary to assure
that the standards of this Section are complied with and intent, goals
and objectives of this Order are carried out. Exercise of the rights
granted pursuant to the issued permit shall constitute acceptance
of all conditions and restrictions imposed by the BZA. Any future
enlargement or alteration in the use of the structure or site must
be approved by the BZA upon receipt of the recommendation of the Planning
Board as an amendment to the special use permit before a building
permit for the enlargement or alteration may be issued. Failure to
comply with any of these conditions or restrictions shall constitute
a violation of these regulations.
[1]
Editor's Note: Former Section 400.620, Standards For Consideration
Of Special Use Permits By The Planning Board, Section 400.630, Procedures
Of Public Hearing Process, and Section 400.640, Issuance Of A Special
Use Permit were repealed 6-26-2024 by Ord. No. 24-05. Prior history
includes Res. No. 07-06, Zoning Order Art. 10 § B, Ord.
No. 19-05, and Ord. No. 23-01.
[Res. No. 07-06, Zoning Order Art.
10 § E, 7-12-2007; Ord. No. 23-01, 3-8-2023]
A.
Vesting
Of Rights And Transferability Of Permits.
1.
The mere issuance of a special use permit gives no vested rights
to the permit holder.
2.
A right to continue a special use shall vest only if the project
is constructed and the use is actually begun. Such right shall be
subject to expiration and revocation under the terms of this Section.
3.
A special use permit may be conveyed with the land only if a right
to continue the use has vested. The transfer of a permit in which
no right has vested shall be invalid. Nothing in this Section shall
be construed to alter the expiration date of permits or the authority
of the BZA to revoke a permit.
4.
A permit cannot be assigned or transferred to a different parcel
of land.
5.
A permit holder may apply to the Planning Board for a determination
of whether a right to continue the use has vested under the terms
of this Section.
B.
Lapse
Of Permits. A special use permit in which no vested right has been
established, shall lapse and become void unless the applicant applies
for any building permit incident to the proposed use within two (2)
years of the date of approval by the BZA. Upon the written request
of the property owner and for good cause shown, the BZA may grant
one (1) extension of not more than one (1) year. An application for
extension will be considered only if it is submitted, in writing,
prior to the expiration of the initial period.
C.
Expiration
Of Permits. The BZA may impose durational limits as a condition of
the special use permit. A permit may be renewed upon application to
the BZA, subject to the same procedures, standards, and conditions
as an original application.
D.
Revocation
Of Special Use Permits. Any special use permit granted under the authority
of this Section is subject to revocation for any or all of the following
reasons:
1.
Non-compliance with any special conditions imposed at the time of
approval of the special use permit.
2.
Violation of any provisions of the ordinances pertaining to the use
of the land, construction or uses of buildings or structures or activities
conducted on the premises by the permit holder, agents of the permit
holder, or tenants.
3.
Violation of any other applicable provisions of the ordinances or
any State or Federal law or regulation by the permit holder, agents
of the permit holder, or tenants, provided that such violations relate
to the conduct or activity authorized by the special use permit or
the qualifications of such persons to engage in the permitted use.
4.
Revocation is necessary to preserve the public health, safety, and
welfare.
E.
Procedure
For Revocation.
1.
Revocation proceedings may be initiated by the Zoning Administrator,
the Planning Board, or BZA.
2.
Unless the permit holder and the landowner agree, in writing, that
the permit may be revoked, the BZA shall hold a public hearing to
consider the revocation of the special use permit.
3.
The County shall give the permit holder and landowner notice of the
scheduled revocation hearing at least fifteen (15) days prior to the
date scheduled for such hearing by certified mail, return receipt
requested. If such notice cannot be delivered or is not accepted,
notice may be given by publishing a notice of hearing in a newspaper
of general circulation in the County and by posting a notice of hearing
on the property at least fifteen (15) days prior to the date scheduled
for the hearing.
4.
The public hearing shall be conducted in accordance with rules of
procedure established by the BZA. At the conclusion of the public
hearing, the BZA may render its decision or take the matter under
advisement.
5.
No special use permit shall be revoked unless a majority of the BZA
is satisfied by a preponderance of the evidence that grounds for revocation
exist. Any motion for the revocation of a special use permit shall
clearly state the grounds for revocation.
[Res. No. 07-06, Zoning Order Art.
10 § F, 7-12-2007]
A.
In granting a special use, the County may impose conditions, safeguards
and restrictions upon the premises as it considers necessary to reduce
or minimize any potential injurious effect of such special uses upon
other property in the neighborhood, and to carry out the general purpose
and intent of these regulations. The following additional conditions
shall be requirements for the consideration of the following special
uses described:
1.
Special Needs Residential Uses.
a.
Use of dwellings in locations not otherwise authorized by this
Zoning Order may be permitted for specified periods of time by a SUP.
This SUP is intended to be used for cases wherein the proposed occupant(s)
of the temporary dwelling are physically or mentally incapacitated
such that they and require the care and/or supervision of the person
making application for the Special Use Permit.
b.
A special need must be described in the application for this
special use and the relationship of the care provider indicated. Documentation
of the need, such as medical opinion and information, shall be as
required by the Planning Board or as a condition as determined by
the BZA.
c.
Special needs residential uses shall not include any arrangement
of fees for care services or use of the dwelling.
2.
Adult Entertainment Uses.
a.
Adult entertainment establishments, as defined by this Zoning
Order, shall be subject to the following conditions:
(1)
The application for the SUP must specify the exact
use proposed, such as adult bookstore, adult theater, modeling studio,
or entertainment facility, including a description of the activities
planned as part of the use, and a description of the degree of nudity
as these relate to the definitions used in this Zoning Order.
(2)
The County may require any additional conditions
that are deemed necessary for compliance with these regulations.
(3)
No adult entertainment establishment shall be located
closer than two thousand six hundred forty (2,640) feet to any church,
school, public building, residence, or residential district, or closer
than five thousand two hundred eighty (5,280) feet from another adult
entertainment establishment. Measurement shall be made from the main
public entrance of such establishment by the most direct public street
to the nearest lot line of the parcel in question, or direct walking
path, whichever is closer.
(4)
All access to and from the adult entertainment
establishment parcel shall be provided from a major thoroughfare road.
(5)
The lot on which the use is located shall be screened
by a solid wall, a minimum of six (6) feet in height along side and
rear lot lines, providing a complete visual barrier.
(6)
The building in which the establishment is located,
and the off-street parking serving the establishment, shall be set
back at least twenty-five (25) feet from the front lot property line
and at least ten (10) feet from all side and rear property lines,
or the set back distance stipulated in the underlying zoning district,
whichever is more restrictive.
(7)
The building in which the adult entertainment establishment
is located shall be designed in such a fashion that all openings,
entries and windows prevent views into such establishments from any
street or other public area. Further, no merchandise or pictures of
products or entertainment on the premises shall be displayed in window
areas or any area where such merchandise or pictures can be viewed
from the street or public area.
(8)
No adult entertainment activity shall take place
outside the building containing the adult entertainment establishment.
(9)
No portable signs shall be allowed, and signs shall
inform only of the establishment's name and address and shall not
depict specific sexual activities or anatomical area. There shall
be permitted one (1) on-premise sign and one (1) building sign, the
combined face area of which shall be no larger than one (1) square
foot of signage for each lineal foot of building facade that faces
the street.
(10)
No flashing lights and traveling lights are permitted
outside the building. Lighting of parking areas that serve an adult
entertainment establishment shall provide an average light level of
one (1.0) foot-candles at a height of six (6) feet, over the entire
parking area, but in no point shall the light level exceed three (3.0)
foot-candles. No increase in light levels or visible glare from lighting
shall be permitted at the lot line.
(11)
The hours of operation shall be nominally the
normal daylight working hours. No use shall be permitted between the
hours of 6:00 p.m. to 8:00 a.m., Monday through Saturday. No use on
Sundays, New Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving,
or Christmas Day shall be permitted.
(12)
Any adult entertainment activity that is not in
compliance with the definitions and the conditions of this Zoning
Order shall be prohibited under any conditions.
3.
Billboards.
a.
Purpose. It is the intent and purpose of these requirements
to qualify, supplement, or define the allowable uses of billboards
in each of the Zoning Districts as defined in the Article regarding
Signage in this Zoning Order.
b.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application for a SUP, or prior to issuance of the permit and shall
be revised when reissued by such authorities.
c.
Included in the SUP will be a provision that the permanent structures
required for the billboard use will be removed and the land restored
to it's original condition within a twelve (12) month period after
the loss of permitting by the Federal, State agencies, or the County,
or the discontinuation of the use.
d.
A drawing showing all other billboards and principle freestanding
signs: within two thousand six hundred forty (2,640) feet, in each
direction, on each side of the highway on which the billboard is located.
4.
Communication Towers.
a.
Towers that are less than thirty-five (35) feet in height shall
be allowed as a permitted use, in areas as designated in this Zoning
Order.
b.
Towers in other areas and those greater than thirty-five (35)
feet in height may be allowed by Special Use Permit, subject to the
following requirements:
(1)
A study comparing all potential tower location
sites within an approximate one-half (1/2) mile radius of the proposed
application area is required.
(2)
A photo simulation of the proposed facility as
viewed from the adjacent residential properties and public rights-of-way.
(3)
Evidence of a lease for the use of the property
by the applicant for this special use.
(4)
A survey of the property on which the tower is
to be located, including all easements for all services provided to
the tower site.
(5)
Documentation of all necessary approval and permitting
procedures of all regulating authorities shall be provided to the
County in the application, or prior to issuance of the permit and
shall be revised when reissued by such authorities.
(6)
A signed statement indicating the applicant's intention
to share space on the tower with other communication service providers,
and a copy of notification sent to other providers notifying them
of the proposed request and inquiring of their interest to co-locate.
(7)
A site plan indicating the setback distance of
the proposed tower. The setback from any property line shall not be
less than two-thirds (2/3) of the height of the tower, including antennas,
unless a professional engineer certifies the fall zone will be within
the setback area proposed. In no case, however, shall the setback
of a tower be less than the setback requirement of the zoning district
at the location for the tower use. The setback distance for towers
on a roof or structure other than a tower shall be measured from the
base of the tower to the edge of the roof or structure and shall not
be greater than two-thirds (2/3) the height of the tower.
(8)
The construction or site plan shall indicate the
location and specifications of any illumination devices. Towers shall
not be lighted except as required by the current regulations of the
Federal Aviation Administration (FAA). The use of high intensity flashing
lights is prohibited, unless specifically required by FAA regulations.
Towers shall be designed and sited so as to avoid, whenever possible,
application of FAA lighting and painting requirements. Security lighting
around the base of the tower may be installed, provided that all ground
level lighting is directed inward and downward and does not interfere
with lighting levels on adjacent property.
(9)
Metal construction materials of a tower shall have
a galvanized finish or be painted gray or light blue, unless other
standards are required by the FAA.
(10)
If antennas are installed on a tower structure
other than a tower, the antennas shall be screened, constructed and/or
colored to match the structure to which they are attached. Antennas
mounted on the side of a building or structure shall match the color
of the background against which they are mounted.
(11)
The tower shall be enclosed in a type of security
fence not less than six (6) feet in height around the base of the
tower and fully enclose the accessory equipment. In addition, the
fence shall be constructed to prevent climbing access to the interior
of the tower enclosure.
(12)
Included in the SUP will be a provision that the
use will be removed and the land restored to it's original condition
within a twenty-four (24) month period after the loss of permitting
by the Federal or State agencies, or the County, or the discontinuation
of the use.
5.
Composting Industry Uses.
a.
Composting uses are those whose operations shall include only
yard wastes which are defined as leaves, grass clippings, yard and
garden vegetation and woody materials that have reduced to a size
that can be composted. Applications for a special use for composting
sites may include a request to set aside an area for processing on
a site of woody materials, such as trees, stumps and branches, into
firewood or wood chip mulch.
b.
The lot on which the use is located shall be screened by a solid
barrier, a minimum of six (6) feet in height along side and rear lot
lines, providing a complete visual barrier. Fencing may also be required
to minimize the impact of wind blown debris leaving the property.
c.
Provisions for dust reduction and containment both on- and off-site
are required to be fully described as part of the application process.
d.
The hours of operation shall be nominally the normal daylight
working hours. No use shall be permitted between the hours of 6:00
p.m. to 8:00 a.m., Monday through Saturday. No use on Sundays, New
Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving, or Christmas
Day shall be permitted.
e.
Included in the SUP will be a provision that the use will be
removed and the land restored to it's original condition within a
twenty-four (24) month period after the loss of permitting by the
Federal or State agencies, or the County, or the discontinuation of
the use.
6.
Concentrated Animal Feeding Uses.
a.
All proposed Concentrated Feeding Operations that are designed
to accommodate Class I and Class II concentrations of animal units
shall be subject to Missouri Department of Natural Resources (MoDNR),
Division of Environmental Quality standards, review and approval.
b.
All wastes from a concentrated animal feeding operation shall
be subject to all other Federal, State and local requirements, including
the provisions of the Clean Water Act which are applicable. In addition,
any requirements considered necessary by the Planning Board or BZA
for the enforcement of this Zoning Order shall be satisfied prior
to acceptance of the application for permitting. This may include
controls that demonstrate compliance with the Clean Water Act, such
that there is no discharge of waste directly or as a component of
storm water runoff from the property, or include controls such that
there is no discharge of wastes, directly or indirectly, into subsurface
waters.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, and shall be revised when reissued by such authorities.
d.
Procedures for the handling of wastes and storm water management
shall be subject to requirements of the Missouri Department of Natural
Resources (MoDNR), under the Missouri Clean Water Act shall be requirements
considered necessary by the Planning Board or BZA for the enforcement
of this Zoning Order may also be required and shall be satisfied prior
to acceptance of the application for permitting.
e.
The lot on which the use is located shall be screened by a fence
adequate to prevent any animal or wind blown debris from leaving the
subject property.
f.
Separation requirements of the MoDNR, and any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required.
g.
Included in the SUP will be a provision that the use will be
removed and the land restored to it's original condition within a
twenty-four-month period after the loss of permitting by the Federal
or State agencies, or the County, or the discontinuation of the use.
7.
Landfill Uses.
[Ord. No. 23-05, 4-26-2023]
a.
Sanitary landfill shall be subject to Missouri Department of
Natural Resources (MoDNR) review and approval. Documentation of all
necessary approval and permitting procedures shall be provided to
the County in the application, and shall be revised when reissued
by such authorities.
b.
All water runoff from a sanitary landfill shall be subject to
all other Federal, State and local requirements which are applicable.
In addition, any requirements considered necessary by the Planning
Board or BZA for the enforcement of this Zoning Order shall be satisfied
prior to acceptance of the application for permitting.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, or prior to issuance of the permit and shall be revised
when reissued by such authorities.
d.
Specific procedures for the handling of storm water management,
as required by the Missouri Department of Natural Resources (MoDNR)
as part of the compliance with the Clean Water Act and the American
Public Works Association Standards shall apply. Any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required and shall be satisfied prior to
acceptance of the application for permitting. This may include controls
that demonstrate compliance with the Clean Water Act, such that there
is no discharge of runoff water directly into surface or subsurface
waters.
e.
Separation requirements from adjacent land uses shall be, in
addition to those of DNR, at least one (1) mile from any municipality,
and any requirements considered necessary by the Planning Board or
BZA for the enforcement of this Zoning Order. Perimeter setbacks may
be greater than the standard setbacks in the underlying zoning district.
f.
Restrictions limiting access to the site to specific routes
using County roads will be required. The application shall include
a schematic site plan of the routes within a three (3) mile radius
of the subject property and intended to be access routes for the proposed
use.
g.
The lot on which the use is located shall be screened by a fence
of woven wire construction, a minimum of ten (10) feet in height along
all lot lines as a means to prevent wind blown debris from leaving
the subject property. Openings in the fence shall be nominally two
(2) inches square. Construction materials shall be galvanized metals.
h.
The hours of operation shall be nominally the normal daylight
working hours. No use shall be permitted between the hours of 6:00
P.M. to 8:00 A.M., Monday through Saturday. No use on Sundays, New
Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving, or Christmas
Day shall be permitted.
i.
Provisions for dust reduction and containment both on- and off-site
are required to be fully described as part of the application process.
Use of the site shall include provisions to control dust caused by
the proposed use. As a minimum, water spray dust control shall be
required during operation hours such that dust leaving the property
shall be limited to short durations, and to the satisfaction of the
County.
j.
A reclamation plan for returning the subject property to its
original condition shall be required with the application. The plan
shall be binding to the extent that it shall indicate the intent of
the reclamation. This initial reclamation plan shall be revised in
advance of the time that such reclamation efforts would begin. At
such time, the revised and final plan shall be submitted to the BZA
for approval. It shall be reviewed as part of a public hearing process,
under the same procedures as the original application.
k.
The reclamation plan shall include a schedule of the beginning,
duration and completion of the reclamation effort. This schedule may
also be revised as part of the submittal of a final reclamation plan.
l.
The BZA may require a bond or other method of financial assurance
acceptable to the County in the amount that will guarantee the reclamation
of the site within a period of time to be specified and approved by
the BZA. Such surety shall be properly executed prior to any grading
or construction, and shall be released in segments upon written approval
of the County.
8.
Uses For The Rehabilitation Of Patients.
a.
Residential or out-patient facilities for the treatment of substance
abuse may be permitted as a special use in districts designated in
the Zoning Order, provided that:
(1)
Documentation of all necessary approval and permitting
procedures of all regulating authorities, including State certification
requirements of the Division of Alcohol and Drug Abuse of the Department
of Mental Health, shall be provided to the County in the application
or prior to the issuance of the permit, and shall be revised when
reissued by such authorities.
(2)
The facility shall be subject to all regulatory
Building Codes currently adopted for use by the County, the requirements
of this Zoning Order, the Subdivision Regulations and other non-discriminatory
regulations in effect in the County.
(3)
The design of the facility shall be in compliance
with aspects of the Zoning Order regarding the surrounding community
and with other physical structures in the surrounding neighborhood
as determined by the Planning Board or BZA.
(4)
The facility shall be located no closer than one
thousand (1,000) feet from another, similar facility, and no closer
than three hundred (300) feet form any residentially zoned district.
9.
Surface, Non-Metalic Mining Uses.
a.
Surface quarry uses shall be subject to Missouri Department
of Natural Resources (MoDNR) review and approval. Documentation of
all necessary approval and permitting procedures shall be provided
to the County in the application, or prior to issuance of the permit,
and shall be revised when reissued by such authorities.
b.
Such uses shall also be subject to all other State and Federal
requirements, including the Department of Labor, Mine Safety standards
and the Federal Bureau of Alcohol and Tobacco standards regarding
explosives usage. Documentation of all necessary approval and permitting
procedures shall be provided to the County in the application, and
shall be revised when reissued by such authorities.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, or prior to issuance of the permit, and shall be revised
when reissued by such authorities.
d.
The proposed operation shall not contribute to soil erosion
by water, wind, or vibration, nor shall it adversely affect soil fertility,
drainage and lateral support of any abutting land.
e.
All water runoff from a mining use shall be subject to all other
Federal, State and local requirements which are applicable. In addition,
any requirements considered necessary by the Planning Board or BZA
for the enforcement of this Zoning Order shall be satisfied prior
to issuance of the permit.
f.
Specific procedures for the handling of storm water management,
as required by the Missouri Department of Natural Resources (MoDNR)
as part of the compliance with the Clean Water Act and the American
Public Works Association Standards shall apply. Any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required and shall be satisfied prior to
issuance of the permit. This may include controls such that there
is no discharge of runoff water directly into surface or subsurface
waters.
g.
Separation requirements of this use from adjacent land uses
shall be those of the above regulatory agencies and any requirements
considered necessary by the Planning Board or BZA for the enforcement
of this Zoning Order. Perimeter setbacks may be greater than the standard
setbacks in the underlying zoning district.
h.
Separation requirements of this use shall be a minimum of one
thousand three hundred twenty (1,320) feet from any existing residence
and one hundred (100) feet from the property lines of the parcel proposed
as the site for this use.
i.
Explosive use separations shall be a minimum of one thousand
three hundred twenty (1,320) feet from any existing residence and
one hundred (100) feet from the property lines of the parcel proposed
as the site for this use.
j.
All areas quarried or mined shall not endanger the lateral support
of abutting or adjoining properties. A minimum setback of one hundred
(100) horizontal feet from any road right-of-way, measured on the
surface, must be maintained free of any quarrying or mining activity,
either surface or subsurface.
k.
Restrictions limiting access to the site to specific routes
using County roads will be required. The application shall include
a schematic site plan of the routes within a three (3) mile radius
of the subject property and intended to be access routes for the proposed
use.
l.
When any open excavation will have a depth of three (3) feet
or more and create a slope of more than thirty degrees (30°),
creating a hazard, there shall be a substantial fence with suitable
gates where necessary, effectively blocking access to the area in
which such excavation is located. Such fence shall be located fifty
(50) feet or more from the edge of the excavation. The fence shall
be of woven wire construction, a minimum of six (6) feet in height.
Openings in the fence shall be nominally two (2) inches square. Construction
materials shall be galvanized metals.
m.
The hours of operation shall be nominally the normal daylight
working hours. No use shall be permitted between the hours of 6:00
p.m. to 8:00 a.m., Monday through Saturday. No use on Sundays, New
Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving, or Christmas
shall be permitted.
n.
Use of the site shall include provisions to control dust caused
by the proposed use. As a minimum, water spray dust control shall
be required during operation hours such that dust leaving the property
shall be limited to short durations, and to the satisfaction of the
County.
o.
A reclamation plan for returning the subject property to it's
original condition shall be required with the application. The plan
shall be binding to the extent that it shall indicate the intent of
the reclamation. This initial reclamation plan shall be revised in
advance of the time that such reclamation efforts would begin. At
such time, the revised and final plan shall be submitted to the BZA
for approval. It shall be reviewed as part of a public hearing process,
under the same procedures as the original application.
p.
The reclamation plan shall include a schedule of the beginning,
duration and completion of the reclamation effort. This schedule may
also be revised as part of the submittal of a final reclamation plan.
q.
The BZA, if it deems necessary, may impose a requirement for
a bond to be provided by the applicant to assure the completion of
the reclamation effort.
r.
No building, equipment, quarry products or other materials shall
be erected or stored within one hundred (100) feet of any property
or roadway right-of-way line. All equipment and materials for packaging
shall be located in designated areas and provided with visual screening
from the adjacent properties.
s.
Along all property lines which separate this use from residential
property, screening shall be provided in the form of earthen berms
or trees of adequate height, spacing and density to provide visual
barriers against viewing the operations of the use.
t.
The slope of material in any excavation shall not exceed the
normal angle of repose or forty-five degrees (45°), whichever
is less.
u.
The BZA may require a bond or other method of financial assurance
acceptable to the County in the amount that will guarantee the reclamation
of the site within a period of time to be specified and approved by
the BZA. Such surety shall be properly executed prior to any grading
or construction, and shall be released in segments upon written approval
of the County.
v.
A copy of the annual survey of mining operations, as required
to be filed by State law with the State, shall also be filed with
the Board of Zoning.
10.
Sub-Surface Metalic Or Non-Metalic Mining Uses.
a.
Sub-surface quarry uses shall be subject to Missouri Department
of Natural Resources (MoDNR) review and approval. Documentation of
all necessary approval and permitting procedures shall be provided
to the County in the application, or prior to issuance of the permit,
and shall be revised when reissued by such authorities.
b.
Such uses shall also be subject to all other State and Federal
requirements, including the Department of Labor, Mine Safety standards
and the Federal Bureau of Alcohol and Tobacco standards regarding
explosives usage. Documentation of all necessary approval and permitting
procedures shall be provided to the County in the application, or
prior to the issuance of the permit, and shall be revised when reissued
by such authorities.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, or prior to the issuance of the permit, and shall be
revised when reissued by such authorities.
d.
All water runoff from a sub-surface mining use shall be subject
to all other Federal, State and local requirements which are applicable.
In addition, any requirements considered necessary by the Planning
Board or BZA for the enforcement of this Zoning Order shall be satisfied
prior to acceptance of the application for permitting.
e.
Specific procedures for the handling of storm water management,
as required by the Missouri Department of Natural Resources (MoDNR)
as part of the compliance with the Clean Water Act and the American
Public Works Association standards shall apply. Any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required and shall be satisfied prior to
acceptance of the application for permitting. This may include controls
such that there is no discharge of runoff water directly into surface
or subsurface waters.
f.
Separation requirements of this use from adjacent land uses
shall be those of the above regulatory agencies and any requirements
considered necessary by the Planning Board or BZA for the enforcement
of this Zoning Order. Perimeter setbacks may be greater than the standard
setbacks in the underlying zoning district.
g.
Separation requirements of the active components of this use
shall be a minimum of six hundred (600) feet horizontally from the
vertical extension downward of the foundation line of any existing
residence and one hundred (100) feet from the property lines, when
extended vertically downward, of the parcel proposed as the site for
this use.
h.
Explosive use separations shall be a minimum of six hundred
(600) feet from any existing residence and one hundred (100) feet
from the property lines of the parcel proposed as the site for this
use as described for operations above.
i.
Restrictions limiting access to the site to specific routes
as designated by the County when using County roads will be required.
The application shall include a schematic site plan of the routes
within a three (3) mile radius of the subject property and intended
to be access routes for the proposed use.
j.
When any open excavation will have a depth of three (3) feet
or more and create a slope of more than thirty degrees (30°),
there shall be a substantial fence with suitable gates where necessary,
effectively blocking access to the area in which such excavation is
located. The fence shall be of woven wire construction, a minimum
of six (6) feet in height. Openings in the fence shall be nominally
two (2) inches square. Construction materials shall be galvanized
metals or other non-weathering materials.
k.
The hours of operation shall be nominally the normal daylight
working hours. No use of surface areas and no underground blasting
operations shall be permitted between the hours of 6:00 p.m. to 8:00
a.m., Monday through Saturday. No use on Sundays, New Years Day, Memorial
Day, July 4th, Labor Day, Thanksgiving, or Christmas of surface areas
shall be permitted.
l.
Use of the site shall include provisions to control dust caused
by the proposed use. As a minimum, water spray dust control shall
be required during operation hours such that dust leaving the property
shall be limited to short durations, and to the satisfaction of the
County.
m.
Any State or Federal requirements for reclamation of underground
mining uses shall apply, and a reclamation plan for returning the
subject property to it's original condition shall be required with
the application. The plan shall be binding to the extent that it shall
indicate the intent of the reclamation. This initial reclamation plan
shall be revised in advance of the time that such reclamation efforts
would begin. At such time, the revised and final plan shall be submitted
to the BZA for approval. It shall be reviewed as part of a public
hearing process, under the same procedures as the original application.
Any guarantees, bonding or insurance requirements as determined by
the County shall apply to the use.
n.
The reclamation plan shall include a schedule of the beginning,
duration and completion of the reclamation effort. This schedule may
also be revised as part of the submittal of a final reclamation plan.
o.
The BZA, if it deems necessary, may impose a requirement for
a bond to be provided by the applicant to assure the completion of
the reclamation effort.
p.
All areas quarried or mined shall not endanger the structural
support of abutting or adjoining properties. A minimum setback of
one hundred (100) horizontal feet from any road, utility, private
or public right-of-way, measured on the surface, and on a horizontal
line from the use to the vertical extension of the right-of-way line
must be maintained free of any quarrying or mining activity, either
surface or subsurface.
q.
No building, equipment, quarry products or other materials shall
be erected or stored within one hundred (100) feet of any property
or roadway right-of-way line. All equipment and packaging materials
shall be stored in a designated area and provided with visual screening
acceptable to the County.
r.
Along all property lines which separate this use from residential
property, screening shall be provided in the form of earthen berms
or trees of adequate height and spacing to provide visual barriers
against viewing the operations of the use.
s.
The proposed operation shall not contribute to soil erosion
by water, wind, or vibration, nor shall it adversely affect soil fertility,
drainage and lateral support of any abutting land.
t.
The slope of material in any excavation shall not exceed the
normal angle of repose or forty-five degrees (45°), whichever
is less.
u.
The BZA may require a bond or other method of financial assurance
acceptable to the County in the amount that will guarantee the reclamation
of the site within a period of time to be specified and approved by
the BZA. Such surety shall be properly executed prior to any grading
or construction, and shall be released in segments upon written approval
of the County.
v.
A copy of the annual survey of mining operations, as required to
be filed by State law with the State, shall also be filed with the
Board of Zoning
11.
Toxic Product Industries.
a.
Uses involving the storage, processing, manufacturing or destruction
of toxic substances, including and not limited to chemicals, tires,
fuels, animal waste, pharmaceuticals and radioactive materials, shall
be required to provide documentation as required by the Planning Board
or BZA fully describing:
(1)
An operational plan of how the products will be
stored, processed, manufactured or destroyed on the premises has been
submitted. Such plan shall be demonstrated to be acceptable to all
agencies and departments of government who have regulatory authority
over such products or processes prior to issuance of the Special Use
Permit.
(2)
An operational plan for protection of the public,
surrounding environment and subsurface environment from any accidental
or unexpected release or distribution of products that are part of
the operations of the proposed use. Such plan shall be demonstrated
to be acceptable to all agencies and departments of government who
have regulatory authority over such products or processes prior to
issuance of the Special Use Permit.
(3)
The types, description and manufacturer's safety
data information for each of hazardous products to be present on the
site at any point in time.
(4)
An operational plan to correct any and all harm
to the public welfare, surrounding environment or subsurface environment
arising from any aspect of the special use on the property, as determined
by the County.
(5)
Evidence of any bonding or insurance required by
other authorities, regulatory bodies, the Planning Board or the BZA
regarding the special use. All bonding and insurance will be in place
and active prior to issuance of the permit.
