City of O'Fallon, MO Article VI Supplementary District Regulations

Section 400.240 Purpose.

[Ord. No. 7042, 8-24-2023]

Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this Chapter. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.

Section 400.245 Marijuana Facilities.

[Ord. No. 7042, 8-24-2023]

A. The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable Statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.

B. No marijuana-related use, activity or facility shall emit an odor or in any way cause a public nuisance per Article XIII of this Chapter. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.

C. No more than a total of ten (10) marijuana dispensary facilities will be allowed within the City limits. Marijuana dispensaries are not permitted within the Downtown Overlay District.

D. Each marijuana cultivation facility, marijuana-infused products manufacturing facility or marijuana dispensary facility shall be located on properties that meet the following distance requirements:

1. No marijuana-related uses shall be operated or maintained within seven hundred fifty (750) feet of any then-existing elementary or secondary school, child daycare center or church.

2. No marijuana-related uses shall be operated or maintained within one thousand five hundred (1,500) feet of another marijuana facility of identical use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy.

a. Exceptions:

(1) Marijuana-related uses under the same ownership and on the same property.

(2) Marijuana-infused products manufacturing facilities located in "I-1" and "I-2" Zoning Districts can be located closer than one thousand five hundred (1,500) feet to each other.

3. The distances described in this Section shall be computed along the shortest path between the demarcation points that can be lawfully traveled by foot as follows: in the case of a freestanding marijuana facility, the distance between the facility and the school, daycare, church, or other marijuana facility shall be measured from the external wall of the marijuana facility structure closest in proximity to the school, daycare, church, or other marijuana facility to the closest point of the property line of the school, daycare, church, or other marijuana facility. If the school, daycare, church, or other marijuana facility 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, daycare, church, or other marijuana facility closest in proximity to the marijuana facility at issue. 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, daycare, church, or other marijuana facility shall be measured from the property line of the school, daycare, church, or other marijuana facility to the facility's entrance or exit closest in proximity to the school, daycare, church, or other marijuana facility. If the school, daycare, church, or other marijuana facility 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, daycare, church, or other marijuana facility closest in proximity to the facility at issue.

4. For purposes of this Subsection, "church" shall mean a permanent building primarily and regularly used as a place of religious worship, and "daycare" shall mean a child care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.

E. The waiting area and the area of a marijuana dispensary facility where marijuana or marijuana-infused products are physically delivered to a consumer shall be separated by a solid wall and solid door so that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana-infused products. No loitering will be permitted at any facility.

F. No marijuana or marijuana-infused product shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.

G. "Drug paraphernalia," as defined in Section 195.010(18) [excluding Subsection (f)], RSMo., as may be amended, may be lawfully sold at a marijuana dispensary facility. Such items may not be publicly displayed.

H. The sale or consumption of alcohol within a facility is prohibited.

I. Marijuana shall not be sold, dispensed or given to any person younger than the age required under State law for the purchase and use of marijuana. No person under the age of eighteen (18) shall be allowed in any portion of a marijuana cultivation facility, marijuana testing facility or marijuana-infused products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.

J. A marijuana dispensary facility shall not dispense a greater amount or quantity of marijuana to any customer or consumer than allowed by State law. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the customer and persons to whom the customer may lawfully transfer marijuana, and that any resale or redistribution to any third person not authorized by State law is a criminal violation.

K. The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a marijuana cultivation facility, marijuana testing facility, marijuana-infused products manufacturing facility or marijuana dispensary facility is prohibited, except that a marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.

L. Dispensaries can be on the same property in HTCD as a cultivation facility, a marijuana-infused products manufacturing facility or a marijuana testing facility but are not permitted to be within the same building as any other marijuana-related use.

M. Security Plans. A marijuana cultivation facility, marijuana testing facility, marijuana-infused products manufacturing facility or marijuana dispensary facility shall provide adequate security on the premises, including, but not limited to, the following:

1. Surveillance. Security surveillance cameras installed to monitor each entrance to the facility along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least ninety (90) days, and be made available to Law Enforcement Officers upon demand.

2. Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.

3. Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on-site.

4. Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the facility at all times.

5. Emergency Contact. Each facility shall provide the Chief of Police with the name, cellular telephone number, electronic mail address, and facsimile number of an on-site facility employee to whom the City may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee.

N. Operating Plans. As a condition of processing of a business license application, a facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:

1. Floor Plan. A plan showing the layout of the facility and the principal uses of the floor area depicted. A marijuana dispensary facility shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing marijuana. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.

2. Odor Controls. A facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a facility. Such plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises of a facility or other changes to a facility may be required to abate a public nuisance.

O. Signage.

1. A sign for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall comply with the requirements of Chapter 410, Signage Regulations, of this Code, or any ordinance enacted hereafter regulating signs.

2. A sign for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be located on the same premises as the facility.

P. Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.

Q. It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide marijuana as a home occupation.

R. No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.

S. Application Review Process.

1. Site Review Permit. This preliminary permit reviews the proposed marijuana-related use for compliance with the City's zoning and location standards prior to issuance of a State license. A draft of proposed security and floor plans should also be provided. Site review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.

2. Business License. Once State licensing has been received, the business license shall include all relevant State approvals and approved operating plans and security plans.

Section 400.250 Pipeline Setbacks.

[Ord. No. 7042, 8-24-2023]

A. A use requiring evacuation assistance is prohibited in a structure intended for human occupancy that is located within five hundred (500) feet of a hazardous pipeline. This prohibition does not apply to a structure that is located at least two hundred (200) feet from a hazardous pipeline if, by resolution, the City Council determines, after receiving a recommendation from the Building Official, that:

1. The structure has a performance-based design that provides an adequate time period for occupant evacuation to a safe place in the event of a hazardous pipeline leak or fire association with a hazardous pipeline, after considering:

a. The requirements of the 2000 Edition of the National Fire Protection Association 101 Life Safety Code;

b. The site and structure design;

c. The structure's building materials;

d. The structure's distance from the pipeline;

e. The use of radiant energy barriers;

f. Access to the site and the structure by emergency providers;

g. Available on-site resources for emergency responders;

h. The topography and other natural features;

i. The use of the structure;

j. The evacuation capability of the occupants.

2. The structure incorporates a system for the early detection and notification of a pipeline leak if the Building Official determines that an appropriate system is commercially available; and

3. The performance-based design for occupant evacuation and the early detection and notification system are certified and sealed by an engineer registered in the State of Missouri.

B. Except as otherwise set forth in this Section, a person may not build new construction within any restricted pipeline area or within any limited improvement area. Notwithstanding anything in this Section to the contrary, fences, signage, decks, sun porches, screen porches, patios, swimming pools, sheds, landscaping, detached garages, mechanical units, trash enclosures, and lighting are permitted in a limited improvement area.

C. A person may not place a structure or excavate within a restricted pipeline area.

1. This prohibition does not apply to:

a. The hazardous pipeline or an appurtenance to the pipeline;

b. A facility that produces, consumes, processes or stores the product transported by the hazardous pipeline, including a power generation facility;

c. A utility line that crosses the restricted pipeline area, including an appurtenance to the line;

d. A utility service connection;

e. A road;

f. A surface parking lot;

g. A structure or excavation that the Building Official determines does not disturb the pipeline or impede its operation;

h. Grading that the Building Official determines does not disturb the pipeline or impede its operation.

2. Before a person may place a road, surface parking lot or utility line in a restricted pipeline area, the person must deliver to the Building Official a certification by an engineer registered in the State of Missouri stating that the proposed construction activity and structure are designed to prevent disturbing the hazardous pipeline or impeding its operation.

D. In calculating minimum lot area under this Chapter, a restricted pipeline area is excluded.

Section 400.255 Height Exceptions.

[Ord. No. 7042, 8-24-2023]

A. Public And Semi-Public Buildings. In any district, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, there permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

B. Structural Projections.

1. Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers, or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations, except that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than fifteen percent (15%), except as indicated below.

2. Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article VIII of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.

3. Structural projections shall not interfere with St. Charles County's emergency microwave communications system. For purposes of this Subsection, the lack of interference may be shown by submitting a letter from or written findings of the St. Charles County Emergency Communications System Manager after review of the site and building plans.

Section 400.260 Yard And Setback Exceptions.

[Ord. No. 7042, 8-24-2023]

A. Commercial/Industrial Front Yards. In Districts "C-1," "C-2," "C-3," "I-1," and "I-2" where buildings located in the same block on the same side of a street have provided front yards of greater depth than herein required, the Planning and Zoning Commission may require a similar setback for buildings or structures constructed thereafter.

B. Determination Of Setbacks. In measuring a yard, the minimum horizontal distance between the proposed right-of-way line and the main building shall be used. The required setback line shall be measured from the proposed right-of-way line.

C. Structural Projections. Every part of a required yard shall be open from its lowest point to the sky unobstructed.

Exceptions:

1. The ordinary projection of sills, belt courses, chimneys, cornices, buttresses, ornamental features, bay windows, and eaves; provided, however, that none of the above projections shall extend into a minimum yard more than twenty-six (26) inches; and provided, further, that projections are not into an easement.

Chimneys are allowed to cantilever into an easement as follows:

a. Chimney shall not extend into a side yard easement when a water or sewer (sanitary or storm) main is present. If a water or sewer main is not present, chimneys may extend into the required side yard over the easement up to twenty-six (26) inches, provided it does not extend closer that three (3) feet from the property line.

b. On any building permit application submitted that a chimney is shown to extend into the side yard easement, the applicant's engineer or surveyor shall note that water or sewer mains are not located in said easement.

2. Balconies, canopies, or open porches having an area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard, and existing open porches extending into the required yard shall not be enclosed.

3. Mechanical units such as air-conditioner condensers, generators, and similar equipment are specifically excluded, whether attached or detached. Pool equipment shall not be considered a mechanical unit.

D. Fire Escapes/Balconies. An open fire escape may project into a require side yard not more than one-half (1/2) the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid-floored balconies, and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

E. Accessory Buildings And Structures. (See Section 400.275, Accessory Buildings and Structures).

F. Sight Triangle And Obstruction. On the point of any access onto a public street or the intersection of any two (2) streets, development shall conform to the requirements of the sight triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of thirty-six (36) inches and fifteen (15) feet above grade above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points twenty-five (25) feet from their point of intersection or at equivalent points on private streets or as otherwise shown on the approved site plan.

G. Commercial/Industrial Rear Yards. No rear yard shall be required in Districts "C-1" to "I-2" inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or, which has a rear railway right-of-way or which has a rear railway track connection.

H. Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.

I. Residential Rear Yards. Nothing in these regulations shall preclude the Administrative Officer from granting an exception of the Zoning Code to allow a rear yard setback reduction to fifteen (15) for the purpose of constructing a covered patio/deck in the residential zoning districts of "R-1," "R-1A," "R-2," "R-3," "R-4," and "PUD." For the purposes of this Section, an "exception" is defined as "a relatively small departure of the Zoning Code that maintains the general intent and purpose of the Zoning Code." Such an exception cannot exceed an overall square footage encroachment of two hundred (200) square feet and shall apply only to a covered patio/deck. For the purposes of this Section, a "covered patio/deck" is defined as "a one (1) story structure either attached or detached from the principal structure. The cover shall only be enclosed by the principal structure. Structures enclosed with insect screening will only be allowed when no extension walls are constructed, excepting guardrails."

1. In the granting of an exception of the residential rear yard setback, the Administrative will notify all abutting lot owners to the residential property being considered for the exception. The applicant shall provide such information as may be requested by the Administrative Officer. The Administrative Officer shall review the information and can grant an exception on the basis that the spirit of these regulations shall be observed, safety and welfare secured, and substantial justice done.

2. Uncovered decks may encroach into the required rear yard, but shall be located at least ten (10) feet from the rear property line.

Section 400.261 Lot And Street Development Standards.

[Ord. No. 7042, 8-24-2023]

A. The following standards are regarded as requirements for desirable development. The size, shape and orientation of lots shall be designed to provide desirable building sites and logically related to topography, natural features, streets, and adjacent land uses. Due regard shall be given to natural features such as large trees; unusual rock formations; watercourses; and sites which have historical significance, scenic views, and similar assets, the preservation of which would add attractiveness and value to the subdivision. The following minimum standards are set forth as guides to these goals.

1. When additional right-of-way is dedicated on existing streets for future widening, calculations of the area of a lot should not include the dedicated strips in determining the gross area of the lot. Right-of-way dedication shall be required for all proposed developments which front along a public road. The area of all lots must be calculated exclusive of the street rights-of-way.

2. Improvement Of Existing Streets. Any development fronting on an existing road or street shall be responsible to bring the road or street up to City specifications to the centerline of the road or street. The City's Thoroughfare Plan shall be a guide in determining which roads need improvement. Streets going through a development shall have the guidelines set forth above applied to both sides of the street. It is the developer's responsibility to make infrastructure improvements necessitated by the proposed project that are reasonably related to the proposed activity. In cases where there is a proportional impact to the area, the developer shall be responsible for the proportional costs according to the percent the proposed activity contributes to the need for improvements to the infrastructure in the area. The approved traffic study will determine the infrastructure improvements that will be necessary.

3. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, soil conditions, steepness of terrain, flood conditions, or other adverse natural physical conditions, the Commission may, after adequate investigation, withhold approval of such lots until engineering studies are presented to the Commission which establish that the method proposed to meet any such condition is adequate to avoid significant danger to health, life or property.

Section 400.262 Lot Dimensions, Shapes And Position.

[Ord. No. 7042, 8-24-2023]

A. The size, orientation and dimensions of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development contemplated in compliance with the applicable Zoning Code or regulation. Building lines shall be shown on all lots intended for residential use; and shall not be less than the setback required by the Zoning Code.

1. Depth. Excessive depth in relation to width shall be avoided. A depth to width proportion of one (1) to one (1) up to three (3) to one (1) will normally be considered appropriate, unless topography is such that other lot dimensions allow for proper development. This requirement can be varied with Planning and Zoning Commission approval in "PD," "PUD" and "MUTDD" Zoning Districts.

2. Street Access. Each proposed lot shall front upon a street improved to standards and specifications of the City of O'Fallon unless the lots front on a private roadway.

3. Width. Lots for residential purposes shall have sufficient width at the building setback lines to permit compliance with side yard or distance requirements of the applicable Zoning Code or regulations and still be adequate for a building of practicable width. The minimum lot width required for a lot fronting on a cul-de-sac or any radial right-of-way shall be measured as a straight line along a tangent to the setback line at a point midway between the side lot lines.

4. Double-Frontage. Lots with double frontage and reversed frontage shall be avoided, except where necessary to provide separation of development from traffic arteries, or as otherwise required by topography or similar conditions.

5. Side Lot Lines. Side lot lines shall be at right angles to straight streets and radial to curved streets except when said radial lot lines detract from desirability of the lot, in which event some deviation may be allowed.

6. Corner Lots. Corner lots for residential use shall be platted to permit compliance with the yard and setback requirements for the applicable Zoning Code. The right-of-way radius on corner lots shall be a minimum of twenty-five (25) feet, or in the case of a straight line, the line connecting two (2) points twenty-five (25) feet distance from the intersection of the projected lot lines.

7. Markings. The corners of all lots shall be marked with iron stakes, or if the front property line is contiguous to a street, by an approved recognizable mark on street or curb, as specified by the Missouri Land Survey Authority.

Section 400.263 Non-Residential Subdivision (Commercial And Industrial).

[Ord. No. 7042, 8-24-2023]

A. In addition to the standards of this regulation, which are appropriate to the platting of all subdivisions, the subdivider shall demonstrate to the satisfaction of the Commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated. The following standards shall, therefore, be observed.

1. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

2. Street right-of-way and pavement shall be adequate to accommodate the type of volume of traffic anticipated.

3. Every effort shall be made to protect adjacent residential areas from the proposed non-residential subdivision, including the provision of extra depth in parcels adjacent to an existing or potential residential development and provision for a permanently landscaped buffer yard where indicated by the Planning and Zoning Commission.

4. The street network shall be designed according to the City's Traffic Management Policy.

Section 400.264 Designation Of Private Streets.

[Ord. No. 7042, 8-24-2023]

The construction of new private streets within any residential zoned development shall be prohibited. Private streets will be allowed in commercial and industrial zoned areas. For any existing or approved subdivision having private streets, the developer must construct a sign at all entrances of the subdivision within fifty (50) feet of the centerline of the road, this shall state: "Private Streets Maintained by Property Owners." These signs shall be installed where they are easily visible to anyone entering the subdivision and maintained in good order by the developer until the homeowners' association in the subdivision is established and can maintain the sign. The minimum size for sign shall be twelve (12) inches high by eighteen (18) inches wide with two (2) inch high letters. There shall also be a sufficient contrast in the coloring of the sign background as compared to the message lettering. When private streets are built, they are to be built to public streets standards.

Section 400.265 Area Regulations.

[Ord. No. 7042, 8-24-2023]

A. Maximum Lot Coverage Calculation. In computing the amount of lot coverage, the amount of coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and includes all projections other than open porches, fire escapes, canopies or the first three (3) feet of a roof over-hang. Roads, driveways, parking lots and swimming pools shall not be included in determining the maximum lot coverage requirements. The maximum lot coverage requirements established for the individual zoning districts shall apply to all property platted either before or after the effective date of this Section.

B. Business And Dwelling Joint Use. For any building used jointly for business and dwelling purposes, the number of dwelling units permitted (by the lot area requirements per dwelling unit) shall be reduced in the same proportion as the floor area devoted to business bears to the entire floor area of the building, provided that floor area below the first floor of such building shall not be included in any calculation under this provision.

C. Hotel And Apartment Joint Use. For any building providing jointly for hotel and apartment building uses, the number of dwelling units permitted in apartments by the lot area requirements per dwelling unit shall be reduced in the same proportion as the total floor area devoted to hotel or non-housekeeping rooms bears to the total area devoted to both uses.

Section 400.270 Access Regulations.

[Ord. No. 7042, 8-24-2023]

A. Access To Business And Industrial Districts. No land which is located in a residential district shall be used for a major access route to any land which is located in any business or industrial district; provided, however, that this Section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as a part of a Planned Development or Planned Unit Development.

B. Street Access. All lots shall abut a street other than an alley for a width of at least thirty-five (35) feet.

Section 400.273 Fencing Standards.

[Ord. No. 7042, 8-24-2023]

A. Purpose. The purpose of these regulations is to regulate the materials, locations, height and maintenance of fencing and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.

B. Standards And Requirements.

1. All fences and decorative posts to be constructed within the City limits that are thirty (30) inches or more in height need to have a permit issued prior to construction. The property owner or his/her authorized agent shall obtain a fence permit from the Administrative Officer. The Administrative Officer is hereby authorized to make periodic inspections to assure compliance with this Section during and after construction or erection thereof.

2. The permit is not valid until a completed application is submitted and approved and all applicable fees are paid in full.

3. Construction shall be initiated within six (6) months of the date of permit issuance and be completed within one (1) year or the permit will expire by limitation. Renewal of any expired permit is subject to review by the Administrative Officer.

4. Fences erected after passage of this Section that do not comply with all applicable provisions of this Section shall be considered illegal and shall be dismantled and removed by the property owner(s) at their expense. Violation of any provision of this Section shall subject the property owner to a fine of up to five hundred dollars ($500.00) upon conviction of any such offence, with each violation constituting a separate offence.

5. Issuance of a permit by the City of O'Fallon, Missouri, is verification that all of the provisions of this Section have been met, but this does not guarantee or constitute subdivision approval.

C. Design And Placement.

1. The maximum height for fencing, accompanying structures and decorative posts is six (6) feet, six (6) inches, except as noted elsewhere within this Section.

2. Fences/decorative posts must be constructed on or within the property lines; may not be placed in the State right-of-way without a State permit; and if they are constructed within the easement on the subject property, are subject to removal by the property owner, or other authorized party, without compensation or remuneration.

3. Fences/decorative posts may be located on any side or rear yard property line except as otherwise stated in this section.

4. Installation of the fence may not obstruct any manhole or inlet covers and must not impede/disturb the existing drainage patterns/swales or natural water flows on the subject property or adjacent properties.

5. Fencing built forward of the required lot setback line is prohibited, except in cases where more than one (1) side of the lot abuts a public street. In this case, the fence may project up to ten (10) feet over the building line only on the side yard that is adjacent to the street. Fencing within the front yard setback is prohibited.

6. Decorative posts less than thirty (30) inches in height may be placed in the front yard, provided they are no closer than two (2) feet to the property line. For purposes of this Section, "decorative posts" are defined as ornamental poles or stakes with attached chains, rope or other material that serve only aesthetic purposes.

7. Fencing/decorative posts may not be placed within the designated twenty-five (25) foot sight triangle or be erected or constructed in any manner that otherwise impedes vehicular vision.

8. All fences are required to have a minimum three (3) foot wide gate/opening on any side adjacent to a street.

9. The finished side of the fence must face outward. All visible supports and other structural components shall face in toward the subject property.

10. All fencing materials must be contiguous; any fencing that is installed on a piece of property must be of the same material and design. A property owner shall be allowed to erect a fence of differing material or design with approval of the Administrative Officer.

D. Maintenance And Materials (All Zoning Districts).

1. Acceptable materials for fencing and decorative posts include, but are not limited to, brick, stone and other masonry, synthetic materials, natural and treated woods, wrought iron, decorative aluminum and chain link.

a. PVC and other synthetic materials used for both residential and commercial fencing applications shall meet the minimum quality standards set forth in this Section.

b. Chain link shall only be permitted in residential and industrial zoning; it cannot be used in commercially zoned areas.

2. Prohibited materials for fencing and decorative posts include, but are not limited to, barbed wire, razor wire, hardware cloth, wire mesh and electrified fencing.

a. Barbed wire can be used on security fences in industrially zoned areas, provided the fence has a minimum height of five (5) feet, six (6) inches and the property owner has applied for and received a conditional use permit as outlined in Chapter 400, Article VII. Barbed wire must be supported vertically or tilted inward towards the subject property.

3. The property owner shall repair, paint, remove or otherwise attend to any fencing that has become unsightly or a menace to public safety, health or welfare.

4. The Administrative Officer is hereby empowered to issue notices to property owners to comply with all provisions of this Section. Lot owners will be given fifteen (15) days to comply with any and all requests. However, a longer response time may be granted at the discretion of the Administrative Officer in cases when such compliance would cause an undue hardship.

E. Non-Conforming Fencing.

1. All fencing in place prior to the effective date of this Section shall be considered legal non-conforming structures.

2. As long as a legal non-conforming fence is not replaced or relocated or the frame or structural supports are not altered in any manner that extends, enlarges or intensifies the non-conformity, the fence will be allowed to remain. If the fence is altered, then the fence must be brought into compliance with all applicable provisions of this Section. The maintenance and repair of fencing is exempt from this provision.

F. Special Fencing Requirements.

1. Commercial Bufferyard Fencing.

a. Base Material. The base material used to construct the fence must be rigid polyvinyl chloride (PVC) and the extruded product must adhere to the ASTM (American Society for Testing Materials) standards. The PVC used must be impact tested for durability and must be formulated to be stable in ultraviolet (UV) light. The material must also be "self-extinguishing," non-flammable with a flash temperature of not less than nine hundred degrees Fahrenheit (900° F.).

b. Brackets And Fasteners. Brackets and fasteners can be made of stainless steel, galvanized steel, brass or any other material fashioned for outdoor use. This is in order to provide better weathering and rust protection. This includes all nuts, bolts, screws and washers, as well as all hinge assemblies and latching mechanisms.

c. Internal Dimensions. The PVC used must be of a weight and thickness that can support itself. The walls of each component of the fence must be thick enough to ensure that the piece will not bend or warp because of heat, cold, strong winds or any other external force. The wall thickness of each component should be matched to the size of the component used. The standard component sizes and thickness are listed below:

	Cross Section (Dimensions)	Wall Thickness
Posts	4" x 4" 5" x 5" 5" x 5"	0.140 inches 0.135 inches (standard) 0.170 inches (heavy)
Rails	1 1/2" x 1 1/2" 1 3/4" x 3 1/2" 3" x 3 1/2" T-rail 2" x 6" hollow 1 1/2" x 5 1/2" ribbed 2" x 6" ribbed 3" x 3" 3 1/2" x 3 1/2"	0.120 inches 0.100 inches 0.095 inches 0.125 inches 0.090 inches 0.090 inches 0.110 inches 0.115 inches
Pickets	7/8" x 1 1/2" 7/8" x 1 1/2" heavy wall 7/8" x 3" 7/8" x 6" ribbed 7/8" x 7" tongue and groove 1 1/2" x 1 1/2"	0.060 inches 0.090 inches 0.060 inches 0.060 inches 0.060 inches 0.060 inches

d. Posts. All line posts should be fully reinforced and set the minimum depth required to support a fence of the stated height. These details should be stated on the fence diagram. All posts should be topped with molded PVC caps that are complimentary to the style of the fence. Posts should be routed to receive rails.

e. Rails. Bottom rails should contain a stiffener channel for added strength and stability. A steel or aluminum channel may be used. Rails should be routed to receive pickets.

f. Pickets. The pickets used in the fence can be either ribbed or hollow and can be either flat sided or tongue and grove interlocking.

g. Gates. Should be fully reinforced so that the gate retains its shape and fit and can be fully opened and closed without difficulty.

h. Design. The design and color of the fence should be complimentary to the other structures located on and around the site. Although chemical pigment may be added to some PVC compounds to give the fence color, any additives to the PVC material should not supersede the material standards previously stated in this document.

i. Configuration. The sizes and shapes of the pickets, rails and posts should not deviate from the standard sizes previously listed, unless necessary for a custom fence installation. For any deviation, a review of the fence schematic and prior approval will be required.

j. Aesthetic. All fencing materials must be contiguous; any fencing that is installed on a piece of property must be of the same material and design as the existing fence. If this is not possible, for instance, the material used to make the existing fence is no longer available, all existing fencing must be removed or altered so that it is the same as the new fence. Mixing of fence elements is not permitted, i.e., connecting the twenty (20) foot span between two (2) sections of wood fencing with a chain link fence.

2. Enclosures For Pools, Spas And Hot Tubs. Refer to the adopted edition of the International Swimming Pool and Spa Code.

G. Exceptions.

1. Temporary protective fencing that is used to secure an area during active earth work (excavation, construction, grading) is permitted without the issuance of a fence permit.

2. Fencing that is installed as a structural construct or as a safety device (i.e., batting cages, backstops on ball fields, fencing on the top a retaining wall or similar structure, etc.) is permitted without the issuance of a permit, however, it shall be shown as an improvement and is subject to review and approval by the Administrative Officer.

3. The maximum height limit for fencing/decorative posts may be exceeded either:

a. With the approval of a conditional use permit per Chapter 400, Article VII, provided the following conditions apply: The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks or other traffic areas. The fence shall be screened on its external side with adequate plants so as to maintain an attractive appearance to said side; or

b. Without a conditional use permit, if a fence with a height of greater than six (6) feet six (6) inches is required in order to maintain compliance with any current City ordinance.

Section 400.275 Accessory Buildings And Structures.

[Ord. No. 7042, 8-24-2023]

A. No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this Chapter. Accessory buildings, except garages, must be located in the rear yard of a lot and must conform to all provisions of this Chapter. On a corner lot, all accessory buildings (except garages) and recreational vehicle pads must be located in the rear yard of a lot on the interior side.

1. Attached Accessory Buildings. Any accessory building which is structurally attached to the principal building of a lot shall be considered part of the principal building and shall comply will all provisions of this Chapter pertaining thereto.

2. Detached Private Residential Garages, Carports, Utility Sheds, Gazebos, Pavilions And Similar Structures.

a. Purpose. The purpose of this Subsection is to ensure that detached residential garages, carports, utility sheds, gazebos, pavilions and similar structures are not constructed of a size and height as to be detrimental to the use and enjoyment of adjacent residential properties.

b. Applicability. The requirements of this Subsection apply to all residential development except within the Mixed-Use Traditional Development District and Mobile/Manufactured Home Park Districts within the jurisdiction of this Chapter.

c. Requirements.

(1) All detached private residential garages, carports, utility sheds, gazebos, pavilions and similar structures shall be in accordance with the following:

(a) Shall not be located within any required front or side yard.

(b) Shall not be located closer than ten (10) feet from any rear property line.

(c) Shall meet the side yard setback requirements for the principal structure on the property.

(d) Shall not be located within any required bufferyard area.

(e) Shall not exceed fifteen (15) feet in height as measured from the adjacent finished grade.

(f) Shall not exceed one hundred fifty (150) square feet for a shed or three hundred (300) square feet for a detached garage or carport and the total of all accessory structures shall not exceed fifty percent (50%) of the square footage of the primary structure's building footprint excluding any attached garage. (The existence of a doorway of sufficient size to accommodate a licensable automobile is conclusive evidence of a structure's intended use as a garage. This would require the installation of a paved driveway.)

(2) All detached private residential garages, carports, utility sheds, gazebos, pavilions and similar structures which are proposed to exceed the height or size limits outlined above shall only be allowed through the review and approval of a conditional use permit unless located on property zoned "R-1A" or "R-1B" or on a residential lot in excess of thirty thousand (30,000) square feet. In such cases, all detached private residential garages, carports, utility sheds, gazebos, pavilions and similar structures that exceed the above limitations on size and height shall meet the setbacks and development standards for a primary structure in the pertinent zoning district.

3. Architectural Guidelines For All Custom Constructed (Stick Built) Detached Private Residential Garages, Carports And/Or Utility Sheds. All utility sheds in excess of one hundred fifty (150) square feet, detached private garages, and carports shall be constructed of materials and designed architecturally to be in substantial compliance with the primary structure on the property as determined by the Administrative Officer.

Section 400.277 Exterior Lighting Standards.

[Ord. No. 7042, 8-24-2023]

A. Purpose. The purpose of this Section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.

B. Applicability. The requirements of this Section apply to all private exterior lighting within the jurisdiction of this Section, except for lighting within public rights-of-way and/or lighting located on public property.

C. Depiction On Required Photometric Plan. Any and all exterior lighting shall be depicted as to its location, orientation, intensity of illumination, and configuration on the photometric plan required for the development of the subject property (Refer to Article XIV of this Chapter Site Plan Review).

D. Requirements.

1. Orientation Of Fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.

2. Intensity Of Illumination. In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed one-half (0.50) foot-candle. In commercial and industrial zoned districts, lighting shall extend into the public right-of-way. Lighting shall be designed to project downward to not impact driver's vision. The minimum lighting from the property line to the curb/shoulder of the road shall be four-tenths (0.40) foot-candle and not more than seven-tenths (0.70) foot-candle shall extend onto the paved surface of the road.

3. Location. Exterior light fixtures shall be located within landscaped islands or in vegetated areas along the perimeter of the parking/vehicular use area. Light fixtures shall not be placed within the required bufferyard as defined in Chapter 402.

4. Flashing, Flickering And Other Distracting Lighting. Flashing, flickering and/or other lighting which may distract motorists is prohibited.

5. Minimum Lighting Standards. All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of four-tenths (0.4) foot-candle.

6. Height Of Fixtures. Lighting shall be permitted at heights reasonable to meet the minimum lumination requirements while maintaining complete compliance with the intensity, location and orientation standards of this Section.

7. Special Events Lighting. Any temporary use having exterior lighting which is not in compliance with the requirements of this Section shall secure a conditional use permit per Article VII of this Chapter.

8. Non-Conforming Lighting. All lighting fixtures legally existing prior to June 17, 1998, shall be considered as legal non-conforming uses.

Section 400.278 Standards For The Screening Of Outdoor Equipment.

[Ord. No. 7042, 8-24-2023]

A. Purpose. The purpose of this Section is to ensure that the visual impact of outdoor mechanical units and other pieces of equipment are visually screened from the view of adjacent property and public rights-of-way to promote a visually pleasing and uncluttered environment.

B. Applicability. The requirements of this Section apply to all non-residential development within the jurisdiction of this Section.

C. Requirements.

1. Subject to the review and approval of the Planning and Development Department and/or the Planning and Zoning Commission, all HVAC units, electric, telephone and gas meters, satellite dishes and rooftop mechanical apparatus shall be thoroughly screened with materials and/or landscaping to conceal the visibility of such items from the views of rights-of-way and/or adjacent properties. Rooftop mechanical apparatus and all other objects that protrude from the rooftop of any structure shall, subject to the review and approval of the Commission, be screened by use of an architectural feature such as increased parapet wall height. The Commission may require that the screening shall extend to a height equal to or higher than the elevation of the highest rooftop mechanical apparatus or other protruding object if the Commission, in its discretion, determines that such height will more adequately hide the rooftop mechanical apparatus or other protruding object. The Commission may in its discretion require all rooftop mechanical apparatus or other objects protruding from the rooftop to be painted to match the color of the rooftop of the structure upon which the objects are located if, in the opinion of the Commission, painting would better hide the objects. In no case shall individual roof top screening or individual frame panel screening be used for new construction.

2. Trash, recycling and grease containers shall be screened by a six (6) foot high solid wall with a sight-proof gate made of durable material consistent with the architectural theme of the primary structure on-site. The enclosure shall also include a man door or screened passageway as a convenient way to enter the enclosure without having to open the gate(s) and shall be free of debris and storage. This provision shall not apply to facilities for drop-off of recyclables by members of the public or similar public donation facilities which are otherwise allowed or permitted by the City.

3. In certain instances, the Planning and Development Department and/or the Planning and Zoning Commission may require submittal of site line studies to ensure that such apparatus is appropriately screened.

Section 400.280 Home Based Business.

[Ord. No. 7042, 8-24-2023]

A. Purpose. It is the intent of this Chapter to recognize and permit home based businesses as allowed by state law and to regulate such businesses to mitigate the adverse impacts that such may pose to neighboring residential property. In this regard, home based businesses shall be regulated in order to ensure compatibility with other uses permitted in the residential district and to protect residential neighborhoods from potential adverse impacts, such as excessive noise, traffic, nuisances, etc., associated with home based businesses.

B. Compliance With All Applicable Laws And Regulations Required. The property where a home based business is located shall be maintained in compliance with all applicable building, housing and property maintenance codes and other applicable laws to such property. No home based business shall create any condition which creates a nuisance or is in violation of applicable law and regulation. Any home based business shall be operated in compliance with applicable laws and regulations.

C. Registration Required. Any owner of residential property operating a home based business from such residential property shall register such business with the City of O'Fallon. Such registration shall contain, at a minimum: (i) the name and nature of the business; (ii) the name of the resident responsible for the operation of such business; (iii) the number of residents of the property and the number of employees or customers which may be present at the site at any given time (which total number shall not exceed the maximum occupancy of the structure); (iv) the on-site (off-street) parking available for employees or customers; and (v) a description of the goods or services to be sold; (vi) a description of any special equipment which is necessary to be used in the operation of such business; and (vii) the property owner's consent if the property is rental property and the tenant proposes to operate a home based business at the location.

D. Home Based Business Requirements.

1. Any structure where a home based business is to be operated shall have a valid occupancy permit.

2. A home based business shall be limited to the sale of lawful good and services. For the purposes of this Section, "goods" shall be defined as any merchandise, equipment, products, supplies, or materials.

3. Home based businesses shall be operated entirely within an enclosed structure and shall not occupy more than twenty-five percent (25%) of the total floor area of the main residential building, and in no case more than five hundred (500) square feet of floor area, with use of the dwelling for a home based business being clearly incidental and subordinate to the use for residential purposes.

4. No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence, and there shall be no visible evidence of conduct of the home based business.

5. No outdoor storage of materials or equipment used in the home based business shall be permitted.

6. Any premises on which a home based business is conducted shall at all times conform to all City ordinances and particularly with the requirements, limitations and restrictions set forth in the following City Code provisions:

a. Section 215.237 regarding noise levels, especially noise levels in residentially zoned districts; and

b. Section 220.020 regarding nuisances, especially Subsections (A)(5), (20), (23), (24), (27), (28) and (34); and

c. Section 220.120 regarding storage units and bulk refuse containers; and

d. Section 355.110 regarding parking commercial vehicles in residential areas; and

e. Section 365.080 regarding parking and driving semi-tractors and trailers in residential areas; and

f. Sections 400.515 through 400.563, being Article XIII of Chapter 400, regarding performance standards for the use of property and structures.

7. There shall be no visible evidence of the home based business except that the owner may provide a home based business sign which is in conformance with the sign standards of the City of O'Fallon.

8. No person shall be engaged in such home based business other than a person(s) occupying such dwelling unit as his/her/their residence, and no more than two (2) non-resident individuals.

9. No equipment shall be utilized that creates a nuisance due to odor, vibration, noise, smoke, electrical, lighting, magnetic or telecommunication interference or fluctuations in line voltage beyond the property line of the lot upon which the home based business is conducted.

10. No home based business shall cause an increase in the use or consumption of any one (1) or more utilities or public services such as water, sewer, trash collection, electric, police, fire or ambulance service so that the combined use for the residence and home based business unreasonably exceeds the average for similarly sized residences in the neighborhood.

11. Parking generated by the conduct of a home based business shall be provided on the property and off-street on an approved surface. The residential property must have sufficient on-site (off-street) parking available for all residents of the structure and all employees and customers for the home based business. Use of the streets for parking shall constitute a nuisance.

12. The home based business shall adequately stagger the presence of third parties at the property so as to minimize traffic impacts in the neighborhood. The home based business shall not cause a substantial increase in traffic through the residential area.

13. No commodities shall be displayed or sold on the outside of the main residential building.

14. A home based business shall be ran only by an individual occupying the dwelling as his/her residence. Any forms or certifications related to a home based business shall not be transferable and shall terminate upon sale or transfer of the property to a new occupant.

15. The aggregate of the total number of residents residing in the structure and the number of employees or customers for the home based business shall not exceed the maximum occupancy limit for the structure.

16. The home based business shall provide any necessary forms or certifications to ensure no-impact, as permitted by Section 71.990, RSMo.

17. No home based business shall cause an increase in home deliveries which unreasonably exceeds the average for residences in the neighborhood.

18. Any individual operating a home based business for the retail sale or retail storage of firearms, weapons, potentially lethal items or hazardous materials shall notify the City on applicable forms or certifications. The individual must have complied with all Federal, State and local regulations dealing with the handling of firearms, weapons, potentially lethal items or hazardous materials prior to submitting any applicable forms or certificates to the City. The City of O'Fallon may request proof of compliance at any time.

19. No home based business shall involve the use of any hazardous or explosive material.

20. If a home based business is found to be in violation of any of the provisions of the Section, any applicable State laws, or is conducted in such a manner as to constitute a nuisance, the home based business shall correct the violations or cease operations until such time as the violations have been corrected.

Section 400.285 Temporary Uses.

[Ord. No. 7042, 8-24-2023]

A. Temporary Use Permit. The Administrative Officer is authorized to issue a permit for a temporary use within any zoning district provided it meets the requirements of this Section. The permit shall be issued for a specified period of time and shall contain health, safety and traffic and Administrative Officer may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances. All temporary buildings used for commercial purposes shall require a temporary use permit.

B. Temporary Uses Permitted.

1. Christmas Tree Sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the applicable yard setback requirements, provided that no display will encroach within the required yard setback for any district by more than fifty percent (50%) and no display or equipment shall be located within the twenty-five (25) foot sight triangle of a street intersection as defined in this Chapter.

2. Contractor's Office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of construction for such project. Such use need not comply with yard and setback requirements of this Chapter.

3. Real Estate Offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development may continue only until the sale or lease of all dwelling units in the development. Such offices need not comply with the yard setback requirements of these regulations, provided that a plan showing the proposed sales office location and parking layout is approved by the Planning and Development Department.

4. Seasonal Sales. Seasonal sale of farm produce grown on the premises, in an "AG" District. Structures incidental to such sale need not comply with the applicable front yard requirements, provided that no such structure shall be located within the twenty-five (25) foot sight triangle of a street intersection as defined in this Chapter. All such structures shall be removed or moved back of the street setback line at the end of the season during which they are used.

5. Carnivals And Circuses. A carnival or circus, but only in a "P-R," "AG," "C-2," "C-3," "I-1," or "I-2" District, and then only for a period that does not exceed three (3) weeks. Such use need not comply with the applicable yard setback requirements, provided that no structures or equipment shall encroach within the required yard setback for the district in which it is located by more than fifty percent (50%) and no structure or equipment shall be located within the twenty-five (25) foot sight triangle of a street intersection as defined in Section 400.260(F) of this Chapter.

6. Disasters. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood as determined by the Mayor of the City of O'Fallon, provided that the mobile home is located on a three (3) acre site and is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Mayor may extend the period six (6) additional months upon showing of good cause by the owner.

7. Residential Garage Sales. While a temporary use permit is not required, residential garage sales are permitted six (6) days per calendar year, per residential lot. The nature of goods to be sold shall be personal property, as defined in Section 400.035.

8. Special Events. A special event is any activity outside of the normal permitted use of a property, including but not limited to customer appreciation events, holiday celebrations, sales events, etc. The following information will be required for a special event temporary use permit.

[Ord. No. 7118, 6-27-2024]

a. A drawing/plan showing all activities and where they will be taking place on the site.

b. Signed approval from the property owner.

c. The date and time of the event.

d. Tents over four hundred (400) square feet with closed sides, or tents over seven hundred (700) square feet with open sides will require approval of a temporary structure permit.

e. If alcohol is being served, a liquor license/caterer's license shall be required as set forth in Section 600.020 and 600.030.

f. If there will be live music or other live entertainment, a live entertainment license shall be required as set forth in Section 635.020.

g. If food is being served, approval from the St. Charles County Health Department may be needed.

h. A maximum of ten (10) special event permits shall be approved per property/business location per calendar year.

9. Temporary Buildings For Commercial Purposes. The use of temporary buildings for commercial purposes shall be allowed subject to the following requirements:

a. The commercial establishment proposing a temporary building must have an approved site plan for the permanent facility by the Planning and Zoning Commission prior to installation of the temporary building.

b. The site plan must reflect the location of the temporary building and associated improvements.

c. The standards for site plan review of the permanent building apply to the review of the temporary building.

d. The temporary structure and area must comply with all Zoning, Fire, and Building Code regulations, and State of Missouri Public Service Commission regulations.

e. The temporary facility must have sanitary sewer connections for restrooms.

f. The location of the temporary building must be reviewed and approved by the Planning, Development and Building Departments once Planning and Zoning Commission has approved the temporary building.

g. The temporary building and associated parking, vehicular movement and area must be completely separated from the construction area of the permanent facility. This may be achieved through fencing or other means to block public access to the construction site.

h. A construction site plan permit and building permit must be issued for the permanent structure prior to installation.

i. The temporary building will be allowed for a maximum of twelve (12) months from the date of installation on the site, unless additional time is approved in writing by the City Planner and City Administrator or designee.

j. The temporary structure must have a finished appearance. If a modular unit is used, it must have skirting around all sides.

k. The temporary building must be located on the same site as the permanent facility or on the property directly abutting the site of the permanent facility.

l. A monetary guarantee, not less than fifty thousand dollars ($50,000.00), must be escrowed to insure removal of the temporary building and associated improvements within the twelve (12) months. Said escrow funds shall be returned within thirty (30) days of its removal, less any expense incurred by the City of the removal of the temporary building.

10. Fireworks Stands. Subject to the general requirements of this Section, sales of fireworks now hereafter classified as "1.4G Class C Common Fireworks" by the United States Department of Transportation at fireworks stands located in "C-1," "C-2," "C-3," "I-1" or "I-2" Zoning Districts as defined in Chapter 400 of the City of O'Fallon shall be permitted for a period of June 20 through July 6 each year. Any such sale of fireworks and operation of a fireworks stand shall be subject to all of the following conditions:

a. It shall be unlawful for any person to sell, offer to sell or expose for sale any fireworks of any type whatsoever within the City without first having obtained a temporary fireworks stand permit for each location at which fireworks are sold or offered for sale from the Planning and Development Department.

b. The Planning and Development Department is authorized to issue to any person a temporary fireworks stand permit to allow sales of fireworks now or hereafter defined in Section 215.690 of the Municipal Code. Permits shall be issued for fireworks stands located only in "C-1," "C-2," "C-3," "I-1" or "I-2" Zoning Districts as defined in Chapter 400 of the City of O'Fallon Municipal Code.

c. For each separate proposed location for fireworks sales, a separate temporary fireworks stand permit would need to be applied for and shall be submitted to the Department by June 1 and shall include the following:

(1) A permit fee as required by Appendix B of Title IV, Land Use.[1]

[1] Editor's Note: See Title IV, Appendixes.

(2) A written statement that the applicant agrees to comply strictly with the terms of this Chapter, the laws of the State of Missouri, St. Charles County and the City of O'Fallon, Missouri.

(3) A cash deposit in the amount of three thousand dollars ($3,000.00) for each location to be operated by the applicant shall be submitted. Such deposit, letter or bond shall ensure compliance with the provisions of this Section, including, but not limited to, the removal of the stand, provisions for temporary electrical service, including the removal of any poles set for power supply or lighting purposes and the cleaning and restoration of the site upon which it was located in accordance with the provisions of this Section. In the event the licensee does not comply with the provisions of this Section or does not remove the stand or restore the site as required, the City may do so or cause the same to be done, and the reasonable cost thereof shall be charged against the licensee and the deposit or surety bond.

(4) The stand shall be removed, and the site shall be returned to substantially the same condition as it was prior to the temporary use by July 20.

(5) A site plan showing the following:

(a) Address or site location;

(b) Property owner authorization and operator names, addresses and phone numbers;

(c) Size of the lot and tent, including locations depicted of all tent entry/exit locations, and including anchoring plan;

(d) Location of the tent(s) in relation to property lines, including all other structures or equipment, including trailers and storage units located on the lot;

(e) Location of proposed access and all existing driveway entrances and temporary parking lot areas;

(f) Each fireworks stand or tent must provide a portable restroom if there are no restrooms available on the site. The portable restroom must be placed out of sight and as far away from the main roadway as possible.

(g) Location of required dumpsters [a minimum of one (1) two-yard dumpster for a location having one thousand (1,000) square feet or less of sales area and a minimum of two (2) two (2) yard dumpsters or one (1) four (4) yard dumpster for a location having more than one thousand (1,000) square feet of sales area];

(h) Location of required on-site, off-street customer parking spaces [a minimum of six (6) spaces per one thousand (1,000) square feet of tent or stand area is required];

(i) Location of nearest fire hydrant;

(j) Location depicted on the site plan of all storage containers for fireworks;

(k) An electrical layout showing the location of power and all outlets/lighting provided;

(l) Proof of a valid Missouri State sales tax number and a letter of no tax due from the Missouri Department of Revenue;

(m) Other information as may be required by the City to ensure public health and safety.

(6) A temporary fireworks stand permit shall include a certificate of flame resistance. All electrical work, including generators, must be performed by an electrician licensed with St. Charles County and comply with the City's adopted National Electric Code.

(7) A completed fireworks seasonal retailer inspection survey shall be obtained and completed by the appropriate Fire Protection District.

(8) Access to fireworks stands will only be permitted to a public right-of-way by use of an existing curb cut. Should a site need to be accessed by use of a cross access, a consent letter from the property owner shall be included with the permit.

(9) Approval of the construction of any temporary surfacing for a parking lot from the Engineering Department is required if temporary surfacing (defined as gravel, asphalt millings, or other approved material used to cover the ground surface for the purpose of temporarily improving the ground surface to better enable it to serve vehicular or foot traffic) is to be installed. These approvals must address the following:

(a) Construction of the parking facility must not begin more than fourteen (14) calendar days before the beginning of the intended use.

(b) No portion of City-owned right-of-way shall be surfaced and a minimum of a ten (10) foot parking setback from the right-of-way shall be provided.

(c) Where used, temporary paving material shall be removed and vegetation reestablished on the site to return the property to substantially the same condition as it was prior to the temporary use by October 1 of the same year.

(d) In addition to the requirements of Subsection (C)(3) of this Section, where temporary surfacing material is used, a cash deposit will be required by the City Engineer or his/her designee. The deposit should be in an amount of three thousand dollars ($3,000.00). The deposit shall be subject to the condition that the reparative measures (actions taken to return disturbed land to the condition and appearance that existed before the temporary use) be performed by October 1 of the same year. If the reparative measures are not completed within the specified time, the City may use the funds from the deposit or any necessary portion thereof to complete the reparative measures. If the deposit is inadequate to pay for the costs of the reparative measures, the City shall recover the balance from the property owner or applicant.

(e) Each application for construction of a temporary parking lot shall include the following: a sketch showing the property dimensions, parking lot dimensions, entrance locations and dimensions and color photographs [a minimum of six (6)] of the site to depict the condition of the site before any construction of parking facilities or installation of tents. Parking space dimensions and aisle width shall be compliant with City off-street parking and loading requirements.

d. The following standards shall be used for the review of any application for a temporary use permit for fireworks stand and shall apply to the operation of the facility:

(1) Structures from which fireworks are to be sold or stored shall not be located within fifty (50) feet of any permanent structure or building. Structures from which fireworks are to be sold or stored shall not be located within one hundred (100) feet of any public park, swimming pool or public or private playground.

(2) Structures from which fireworks are sold or stored shall not be located within one hundred (100) feet of any structure in which petroleum products are sold or dispensed in any manner other than in closed containers.

(3) A maximum of two (2) semi-truck storage trailers or the equivalent area of trailer storage as determined by the Fire Marshal shall be allowed, per location. Such trailers shall maintain a minimum of ten (10) foot separation, have DOT labels on them and must be marked "EMPTY" with four (4) inch letters when all contents are removed.

(4) All weeds and combustible materials shall be cleared from any sales location, including a distance of at least twenty-five (25) feet surrounding the sales location.

(5) A sign bearing the message "Discharge of fireworks is prohibited at all times within the City limits of the City of O'Fallon except between the hours of 12:00 noon and 11:00 P.M. on July 3 or July 4" in letters at least three (3) inches tall shall be conspicuously displayed at each sales location and at each entrance and exit of the fireworks stand. Such sign shall not count towards the limits of allowable signage provided for by this Section.

(6) Fireworks stands shall comply with the provisions of the currently adopted Building Code relative to temporary structures. All stands shall be erected in a manner that will reasonably ensure the safety of all occupants, patrons and surrounding property. A minimum three (3) foot-wide, unobstructed aisle running the length of the stand, inside and behind the sales counter, shall be provided.

(7) Each stand up to twenty-four (24) feet in length must have at least two (2) exits. Each stand in excess of twenty-four (24) feet must have at least three (3) exits. Exit locking devices, if any, shall be easily released from the inside without special knowledge, key or effort.

(8) Each stand shall maintain a two and one-half (2 1/2) gallon, 2A-rated water-pressure-type fire extinguisher or an ABC minimum 2A:10BC rated fire extinguisher near each exit, and such extinguishers shall be kept in good working order and shall be easily accessible.

(9) Signage shall be subject to the provisions of Chapter 410.

(10) Persons under sixteen (16) years of age shall not be employed upon the premises. If any person under eighteen (18) years of age is employed at a location selling fireworks, the location shall be supervised by at least one (1) person over the age of twenty-one (21).

(11) Sales of fireworks shall be permitted only during the period of June 20 through July 6 each year.

(12) No sales of fireworks shall be made to any person under eighteen (18) years of age.

(13) Licensees shall not permit smoking or any type of open flames upon the premises and shall prominently post at least two (2) signs prohibiting smoking.

(14) Licensees shall not permit debris, wrappers or papers to accumulate on the premises, and dumpsters shall be emptied as necessary to maintain the premises in a clean and orderly manner.

(15) All items permitted under Chapter 320, RSMo., except those classified as "Class C Common Fireworks" by the United States Department of Transportation, may be sold without acquiring a temporary use permit.

(16) Any license granted hereunder may be suspended and all sales prohibited by the City Administrator and/or his/her designee upon violation of any of the provisions listed in this Section or Section 215.690 which pose a danger to the public or if any ordinance violation remains uncorrected for twenty-four (24) hours after the licensee has been given notice to correct a violation by the City. In instances where the violation has not been corrected, the City would suspend or revoke the permits as a means to abate the nuisance caused by the business establishment per Section 220.080.

C. Temporary Dwelling Structures. No cabin, garage, cellar, basement, or other temporary structure whether of a fixed or moveable nature may be erected, altered, or moved upon and used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever.

D. Temporary Storage Units And Bulk Refuse Containers. For short periods of time, commercial and/or industrial lots within the City may install portable, weather-resistant receptacles designed for the storage of surplus household goods, wares and merchandise; building materials, supplies and equipment; or excess waste material and debris. The use of these units will only be allowed if the applicant is granted approval for a temporary use permit and adheres to all of the following requirements (residential properties must meet the requirements of Section 220.120):

1. Structures. Acceptable structures will include, but not be limited to, roll-off dumpsters (bulk containers transported to and from the site by trucks or trailers); commercial or industrial shipping containers; or other ground-mounted units designed for long-term storage. Also, semi-trailers; carriers; or other items designed for transport as well as storage (items with affixed wheels).

2. Location. A copy of the approved site plan showing the proposed location of the units shall be submitted with the temporary use permit application. The placement of the units shall be restricted to the locations called out on the site plan attached to the application. Units may not be placed in any required bufferyard or building setback.

a. Storage units and bulk containers shall be placed as close to the building as possible; all units shall be located in the rear of the building (unless the applicant can prove that the units will not fit in the rear of the lot) and in a manner that minimizes their visibility from the public right-of-way.

b. Storage units and bulk containers shall not encroach on drive aisles or required parking spaces; if a unit must take up parking spaces, the applicant must verify that there are enough spaces remaining to meet the minimum parking requirements.

c. Storage units and bulk containers shall not block access to utilities or public services (i.e., manholes, meters, fire hydrants, etc.).

d. Storage units and bulk containers must be located on a hard (concrete, asphalt) surface. Except in active construction areas where a hard surface is unavailable or has not been installed.

e. Storage units and bulk containers must be maintained on the ground; stacking of storage units will not be permitted.

3. Maintenance. All units shall be maintained in such a manner as to not be a hazard to the general health and safety of persons on-site or to detract from the physical appearance of the other facilities on-site.

a. Storage units and bulk container exteriors shall be kept clean and shall be painted.

b. Storage units and bulk container exteriors shall be free of rust and corrosion.

c. Storage units and bulk container exhibiting more than normal wear and tear shall be removed and repaired.

4. Supplemental Regulations. The placement and/or use of any and all storage units and bulk containers on the subject property shall comply with all building safety and fire protection district regulations in addition to the following:

a. All units on-site shall be prohibited from hooking up to utilities or from tapping into the services of the primary facility (i.e., using extension cords to provide electricity; garden hoses to provide water; etc.).

b. All units must be stand alone structures; connection to peripheral devices will not be permitted (i.e., air compressors, refrigeration/heating units; generators; etc.).

c. All units will be limited to dry goods and merchandise; storage of perishable goods or items will not be permitted.

d. Storage of hazardous or dangerous materials (chemicals, solvents, propane, explosives, etc.) shall only be allowed if the applicant provides documentation from the appropriate governing authority (Building Safety, Fire, Police, EPA, COE, DNR, etc.) that all of the required safety and security requirements have been met.

e. While on-site, all storage containers must be locked and secured at all times.

5. Signage. Displaying additional signage on the unit, temporary or permanent, will not be permitted.

6. Number. Units will be allowed on-site as follows:

a. On a single tenant lot, no more than two (2) units of any type (storage; dumpster; etc.) will be allowed on-site at one (1) time.

b. On a multi-tenant lot, no more than two (2) units per tenant will be allowed on-site at one (1) time.

c. On a lot where the primary building is under construction, no limit will be imposed.

7. Duration. All storage units and bulk containers are for temporary use only and shall only be allowed on-site for a specified period of time:

a. Commercial/Industrial. One (1) time per calendar year [maximum of forty-five (45) days].

b. Developmental. During construction (until an occupancy permit is issued for the structure).

8. Removal. Any and all storage units on-site shall be removed within twenty-four (24) hours of the permit expiration date.

a. Failure to remove the unit(s) within the allowed timeframe will result in a citation from Code Enforcement. A new citation may be issued for each day the container is left in place without further warnings or notices being issued.

Section 400.290 Number Of Buildings Permitted Per Lot.

[Ord. No. 7042, 8-24-2023]

Not more than one (1) principal detached single-family dwelling unit shall be located on a lot, nor shall a principal detached single-family dwelling unit be located on the same lot with any other principal building or structure, except as permitted under Article V (Planned Developments and Planned Unit Development) of this Chapter.

Section 400.295 Condominiums.

[Ord. No. 7042, 8-24-2023]

The declaration and all details of covenants, by-laws, and administrative provisions pertinent to the maintenance of buildings, structures, land, and other physical facilities for condominiums shall be reviewed and approved by the Planning and Zoning Commission prior to issuance of a building permit.

Section 400.296 Regulations For Group Home Providers.

[Ord. No. 7042, 8-24-2023]

A. Purpose. It is necessary and desirable to provide suitable sites for group homes in residential areas, provided that, in furtherance of the goals of deinstitutionalization and dispersal, group homes are not unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be integrated in the community.

1. In order to promote deinstitutionalization and dispersal of group homes, no group home may be located within five hundred (500) feet of another group home, measured by the straight line distance between the nearest points of the exterior walls (exclusive of overhangs) of the buildings within which the relevant facilities or uses are located; or

a. Adjoin any lot upon which another group home already exists; or

b. Be separated from any lot upon which an existing group home already exists only by a street or roadway.

2. The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family residences shall apply equally to group homes.

3. In order to achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of group homes must register the facility with the Planning and Development Department on forms provided for that purpose and certify compliance with all applicable ordinances of the City. Owners and operators of group homes must also notify the department of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.

Section 400.297 Mail Kiosks.

[Ord. No. 7118, 6-27-2024]

A. Purpose. It is the intent of this Chapter to create guidelines for the placement and design of mail kiosks in developments throughout the City of O'Fallon. Mail kiosks should be placed and designed in such a way as to seamlessly fit within the larger development and help foster a neighborhood feel. Mail kiosks shall be reviewed as part of a site plan, preliminary plat, or area plan submittal.

B. Location.

1. Mail kiosks shall be located within the first quarter of a subdivision based on the subdivision's main entrance to allow easy access for all residents/business owners. If additional kiosks are needed in other locations, they shall be located to provide convenient access to as many residents/business owners as possible. When present, mail kiosks should be located within amenity areas or common ground for residential subdivisions.

2. Mail kiosks shall be located with sidewalk access to allow easy connection for pedestrians. This sidewalk shall be connected to any trail system throughout the development and surrounding areas if one is present.

C. Design Standards.

1. All mail kiosks shall be covered with a permanent structure to provide protection from rain, sun and other harsh weather.

2. Mail kiosk locations shall be ADA accessible.

3. Mail kiosks shall have adequate lighting per Section 400.277 for use during evening and nighttime hours. Lighting shall be provided under the cover, in the designated parking area, and in the area surrounding the mail kiosk.

4. When located near the street, bollards shall be installed to provide protection for the kiosks and those using the kiosk.

D. Parking.

1. One (1) parking space shall be provided per thirty-two (32) mailboxes in a mail kiosk location, with a minimum of two (2) spaces. The parking area shall have signage indicating they are 15-minute parking spaces designated for the mail kiosks.

E. Maintenance.

1. The maintenance of mail kiosks throughout a development shall be the responsibility of the property owner or the Homeowner's Association. This shall include routine cleaning, snow and ice removal, etc.

Section 400.298 Requirements For Developers, Owners And Operators Of Multi-Family Housing.

[Ord. No. 7042, 8-24-2023]

A. The developers, owners and operators of multi-family housing within the City limits of O'Fallon, Missouri, shall henceforth be required to develop, implement and enforce tenant admission procedures no less stringent than those Federal Regulations which prescribe the grounds upon which a public housing authority may deny assistance to an applicant for rent assistance housing subsidies, including, without limitation, the following criteria:

1. If the applicant owes rent or other amounts to any public housing authority in connection with Section 8 or public housing assistance;

2. If the applicant, as a previous participant in a Section 8 or other public housing assistance program, has not reimbursed any public housing authority for any amounts paid to an owner under a housing assistance contract for rent or any other amount owed under their lease;

3. If the applicant has violated any "family obligation," as that phrase is defined in the Federal Regulations for Section 8 housing;

4. If the applicant has engaged in drug-related criminal activity or violent criminal activity, as defined in the Federal Regulations for Section 8 housing; and

5. If the applicant has committed any fraud in connection with any federal housing program.

6. Promptly evict tenants who openly and covertly use and sell drugs, assault other tenants, discharge guns within the subdivision and into neighboring properties, and engage in other dangerous, threatening, illegal and disruptive conduct; or who have permitted or encouraged non-residents to enter and/or reside in the subdivision whereupon such non-residents have then engaged in the above-mentioned dangerous, threatening, illegal and disruptive conduct.

B. The City of O'Fallon hereby requires that developers, owners and operators of multi-family developments henceforth:

1. Shall provide adequate lighting throughout the development to promote the security and safety of residents of and visitors to the development. For new multi-family developments or buildings, the owner and/or developer shall propose appropriate lighting. A lighting plan shall be submitted as part of any application for the new development or building. Prior to any major repair or new construction at an existing multi-family development or building, the developer, owner or operator shall upgrade and increase the existing lighting. All lighting plans shall be reviewed by the O'Fallon Police Department in order to confirm the lighting is appropriate under the principals of Crime Free Housing. A lighting plan shall be required before the issuance of a building permit or other governmental approval for the major repair or new construction.

2. Shall provide a full-time responsible representative with the appropriate skills, training and experience to operate and/or maintain a multi-family development.

3. Shall provide recreation facilities, playground(s), community center(s), landscaping or green spaces and other amenities to help develop and sustain a sense of community among the tenants of a multi-family development; provided, however, that any landscaping shall not compromise the safety of the residents of the development; the developer, owner and operator shall consult with the O'Fallon Police Department from time to time and remove or trim existing landscaping to ensure the upmost safety of the residents.

4. The construction of covered parking shall be optional. The roof shape and materials of the covered parking structure(s) shall match the roof shape and materials of the multi-family residential structure(s).

5. Gates And Controlled Access.

a. Developments constructed prior to March 24, 2009, which were required to install electronic gates or other forms of controlled access to the property shall be required to maintain such features in good working order at all times; provided, however, that such gates or similar access controls may be left open to allow unrestricted access between the hours of 7:00 A.M. and 7:00 P.M.

b. Developments constructed prior to March 24, 2009, which were required to install electronic gates or other forms of controlled access to the property may remove or modify those control features soon as to allow unrestricted access to the property by petitioning the Planning and Zoning Commission for such relief. It shall be the obligation of the petitioner to demonstrate to the satisfaction of the Commission that the best interests and desires of the occupants of the development would be served by granting such relief. A petitioner or occupant of the development aggrieved by the decision of the Planning and Zoning Commission may, within fifteen (15) days of the decision for which redress is sought, file with the City Council a written request for reconsideration and review of any decision of the Commission under this Subsection. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and any supporting documents or materials filed by the aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by certified U.S. mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The City Council may consider the appeal on the record of the prior decision by the Commission or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances.

c. For any development constructed after March 24, 2009, electronic gates or other form of access control may be installed and, if installed, must be maintained in good working order at all times.

6. Shall install and maintain surveillance cameras which allow the monitoring, by management, of the parking lot and common areas. For new multi-family developments or buildings, the owner and/or developer shall provide appropriate camera locations under the principals of Crime Free Housing. A security plan shall be submitted as part of any application for the new development or building. Prior to any major repair or new construction at an existing multi-family development or building, the developer, owner or operator shall install or shall upgrade and increase any existing cameras in a manner consistent with Crime Free Housing. The O'Fallon Police Department shall review and approve the security plan. A security plan shall be required before the issuance of a building permit or other governmental approval for the major repair or new construction.

7. Provide a Crime Prevention Through Environmental Design (CPTED) Plan (if applicable) as deemed necessary by the City Council, Planning and Zoning Commission, Planning and Development Department, or O'Fallon Police Department.

C. Any person, firm, corporation or agency found to be violation of the provisions of this Section shall be subject to a fine of five hundred dollars ($500.00) or to up to ninety (90) days in the St. Charles County Jail, or to both such fine and imprisonment. Each day of such violation shall constitute a separate offense.

Section 400.299 Regulations For Developers, Owners And Operators Of Commercial Or Industrial Business Establishments.

[Ord. No. 7042, 8-24-2023]

A. Automobile And Other Motor Vehicles — Repair Services (With Or Without Fuel Sales, Excluding Drive-Through Oil Change Facilities). In addition to and as an integral part of development, the following provisions shall apply:

1. No vehicles or vehicle parts may be worked on outside of the building.

2. The impounding or storage of derelict vehicles is prohibited.

3. The sale of automobiles or other motor vehicles shall be prohibited.

4. Outdoor storage of vehicle parts or products is permitted in the side and rear yards in industrial districts when screened by berms, dense vegetative plantings, sight-proof fences, or brick walls, or combinations of these materials at least eight (8) feet in height so that the parts and products are not visible to the public from one thousand (1,000) feet.

B. Provide a Crime Prevention Through Environmental Design (CPTED) Plan (if applicable) as deemed necessary by the City Council, Planning and Zoning Commission, Planning and Development Department, or O'Fallon Police Department.