City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety. See editor's note at beginning of title IV.

Section 470.010 Scope.

[Ord. No. 3001 §1, 12-23-2008]
The regulations of this Chapter shall pertain to the following non-residential zoning districts: "HP-1" Hospitality Park; "BP-1" Corporate Business Park; "BP-2" Business Park; "BP-3" Multi-Use Business Parks; "BP-4" Planned Business Park; "C-1" Commercial Zone; "C-2" Neighborhood Commercial; "IP-1" Industrial Park; "CP-1" Auto-Related Commercial Park; "OT-1" Olde Towne Historical; "OT-2" Olde Towne Family Entertainment; "OT-3" Olde Towne Mixed Use Commercial; "OT-4" Olde Towne Planned Multi-Family Residential; and "OT-5" Olde Towne Marina Zoned District, except where otherwise provided for in this Title.

Section 470.020 Landscape/Design Regulations.

[Ord. No. 3001 §1, 12-23-2008]
A. 
This Section addresses landscape/design regulations for all non-residential districts within the City of Fenton.
B. 
Landscape. See Section 445.020 Landscape Standards and Procedures for landscape regulations. For other landscape provisions, check specific zone district regulations.
C. 
Fences. See Chapter 462 for fencing regulations. For other fence provisions, check specific zone district regulations and Section 445.020 Landscape Standards and Procedures.
D. 
Signs. See Chapter 485 for sign regulations.

Section 470.030 Parking and Loading Facility Requirements.

[Ord. No. 3001 §1, 12-23-2008]
See Chapter 496 for off-street parking and loading requirements.

Section 470.040 Environmental Performance Standards.

[Ord. No. 3001 §1, 12-23-2008]
A. 
This Section addresses environmental regulations for all non-residential districts within the City of Fenton.
1. 
Every use, activity or structure permitted within all non-residential districts shall comply with the provisions of the City of Fenton's and other governmental regulating bodies' environmental and safety hazard ordinances, laws or acts which pertain to noise and vibration; smoke, odorous matter, toxic matter; radioactive materials; and fire, explosives, humidity, heat and glare.
2. 
It is the intent of this Section to provide that all activities by developers or property owners minimize or eliminate activities/construction which may potentially create conditions that are offensive and/or hazardous. These activities should be in compliance with all City, County, State and Federal environmental laws, Statutes or regulations. For that purpose compliance with the items presented in this Section is required.
3. 
Each developer is responsible for informing the City of all environmental laws and regulations that are applicable to the particular site and that all appropriate permits are in order before a building permit is issued and construction begins. Each developer will also identify a single individual with the authority to communicate with the Administrator on any of the environmental items within this Section.
B. 
Awareness Of Environmental Constraints. For an awareness of environmental constraints when building within non-residential districts, reference is made to the Land Management Plan (Fenton Master Plan) for the Fenton Development Corridor, Fenton Comprehensive Plan, Fenton, Missouri. The 1995 Physical Land Constraints within the Fenton Development Corridor Area shows especially sensitive areas relating to flood-prone soils, wetlands, archaeological sites, streams, wellhead protection zones and stormwater management areas. (Document held by the City of Fenton's Community Development Department.)
C. 
Noise And Vibrations.
1. 
In dealing with possible noise impacts, non-residential districts will be defined as Class B land as defined under the State of Missouri Noise Pollution Control Regulations. Ground vibration at any perimeter of the property shall not exceed a peak velocity of 0.05 in/sec when measured at or below ground level.
2. 
When construction activities are occurring near the perimeter of the property, related ground vibration shall not exceed 0.5 in/sec. This should be adhered to during construction of buildings adjoining developed areas within the district. Noise levels shall not exceed sixty-five (65) decibels at any point on the lot line of the lot on which the use is located with the exception of the "IP-1" District in which noise levels shall not exceed seventy-five (75) decibels.
D. 
Odors And Air Emissions.
1. 
Odors from any use shall not be discernible at any perimeter of the property. The values given in Table II (Odor Thresholds), Chapter 5 "Physiological Effects" in the "Air Pollution Abatement Manual" by the Manufacturing Chemists' Association, Inc., Washington, D.C. shall be used as standard in case of doubt concerning the character of odors emitted. In such case, the smallest value given in Table III shall be the maximum odor permitted.
2. 
Particulates and all other emissions generated by a property owner's activities shall be licensed via the Prevention of Significant Deterioration (PSD) permit, if applicable by the Missouri Department of Natural Resources (DNR). In any case, particulate emissions will be regulated in accordance with State and/or Federal law. No fugitive particulates from material piles including raw material, products, by-products and waste piles will be allowed.
3. 
Also, no emissions containing hazardous wastes/materials as defined by RCRA, TOSCA and FIFRA or subsequent revisions of the Acts will be allowed from any source.
E. 
Site Drainage.
1. 
Each lot's stormwater drainage system will be allowed to flow unrestricted and runoff water will not be allowed to make contact with potential sources of contamination related to a developer's or parcel owner's operations. Construction and site grading activities will require drainage and erosion control which will be implemented prior to construction and exposed soil shall be replanted at the earliest possible date after the completion of such grading. However, excessive application of fertilizers and biocides will not be allowed.
2. 
All erosion and siltation control devices shall be regularly inspected and maintained during development and be in accordance with all applicable Department of Natural Resources guidelines. Where fill is necessary to attain the approved finished grade of any lot in the Fenton Business Park, it shall be free of waste materials and shall not contain noxious materials that will give off odors of any kind. No topsoil shall be allowed to be stripped from any lot within a non-residential district and removed from within the boundaries of the City of Fenton without the express written consent of the Director.
3. 
Where applicable, stormwater diversion will be allowed only if a National Pollution Discharge Elimination System (NPDES) permit is granted by the Missouri DNR. All areas that produce an increase in surface drainage or runoff will be required to provide for stormwater detention or retention as necessary on the site to allow a discharge no greater than that which existed prior to development during a 10-year 20-minute storm event and a 25-year 20-minute storm event. Natural solutions that are pleasingly aesthetic will be encouraged.
F. 
Site Hazards. Any operation shall be carried on with reasonable precautions against fire and explosion hazards. All areas inside and outside of a building shall conform to all current National Fire Protection Association (NFPA) fire and safety codes. Only minimum quantities of materials including raw materials, reagents, products, by-products and wastes will be stored on site. Storage, handling and use of hazardous and/or explosive materials will be in accordance with Missouri DNR and U.S. Environmental Protection Agency rules and regulations, if applicable.
G. 
Biological Uses On Site. Use of biological agents including laboratory animals will be allowed upon plan approval by special use permit. No treatment of infectious, pathogenic or etiologic waste will be allowed on site. A property owner or lessee must arrange for proper off-site disposal of all waste products.
H. 
Radioactivity. Operations shall cause no dangerous radiation at any property perimeter or in any area where people outside the perimeter of the property could be expected to receive such radiation as specified by the regulations of the United States Nuclear Regulatory Commission (NRC). The most current Section of Title 10, Chapter 1, Part 20, Code of Federal Regulations "Standards for Protection Against Radiation" shall govern the use of radioactive materials. All sources of ionizing radiation will be licensed by either the NRC or the Missouri DNR.
I. 
Electromagnetic Radiation. Any electrical radiation shall not adversely affect at any point any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.
J. 
Site Waste Generation. All sewage and industrial waste shall be treated and disposed in such manner as to comply with the air emissions, solid and hazardous waste and water quality standards applicable. Direct surface discharge of waste on site will not be permitted. A pre-treatment facility must be enclosed by structure and discharge made to the sanitary sewer system upon permit from the Metropolitan St. Louis Sewer District.
K. 
Building Materials And Disposal. No building materials which will create an exposure hazard to occupants of a facility in excess of Occupational Safety and Health Agency (OSHA) standards will be allowed. All waste and construction materials are to be collected and properly disposed. No waste construction materials are to be incorporated into the fill of a lot within the limits of the City of Fenton.
L. 
Violations And Accidental Spills. All environmental violations including accidental spills are to be reported immediately upon detection to the appropriate agency. Each property owner is responsible for the cleanup and will copy the City on all correspondence sent or received which is relative to the violation/spill including cleanup. Cleanup plans are subject to review and approval by the City prior to implementation.
M. 
Well-Head Protection Zone. Under the MDNR, public and private drinking water supplies are protected from potential sources of ground water contamination by use of setback zones. The purpose of the setback zone is to provide a buffer between the public water supply wells and potential contamination sources or routes. A minimum of one thousand (1,000) feet, MDNR requires one hundred (100) foot setback from well-heads are required, until further investigation designates any potentially hazardous impacts due to particular land uses.
N. 
Creeks, Canals And Drainage Facilities. All structures and accessory buildings must have a minimum one hundred fifty (150) foot setback from any creek, canal, channel or drainage facility.

Section 470.050 Street and Roadway Standards.

[Ord. No. 3001 §1, 12-23-2008]
See Section 480.070 for street and roadway standards.

Section 470.060 District Lighting and Utility Regulations.

[Ord. No. 3001 §1, 12-23-2008]
A. 
This Section addresses lighting and utilities regulations for all non-residential districts within the City of Fenton.
B. 
Location Of Lighting Within District. All roadways, entranceways, loading facilities, parking and site signage shall be lighted by electricity from an underground conduit.
C. 
Lighting Of Buildings. Well-designed soft lighting of the building exterior will be permitted, provided that the light source is not visible from the street and that it complements the building's architecture. The lighting should not draw inordinate attention to the building.
D. 
Parking Area Lighting. Parking lot, service areas and roadway lighting will be provided by free-standing fixtures with cutoff light sources to assure that the source is not seen from the street or adjacent parcels. The use of cool, concealed source, cutoff design; with a range of heights from thirty (30) to forty-five (45) feet with illumination in compliance with Section 496.140.
E. 
Materials Of Lighting Fixtures. The material and color of the fixtures will be evaluated in terms of their compatibility with the architecture and natural site characteristics.
F. 
Pedestrian Walkways. The lighting of pedestrian walkways may include either cutoff or exposed sources, but the height and intensity of light will be subdued. Outer pedestrian path systems should use warm, semi-concealed light sources with a maximum height of twelve (12) feet using dark colored poles. Pedestrian plazas should use a warm, semi-concealed or visible source with a maximum height of twenty (20) feet using dark colored poles; lumens average per square foot surface area related to architectural design solution.
G. 
Lighting Of Roadways. The major entry roadways should use a cool, concealed source, cutoff design with a maximum height of thirty-five (35) feet using dark colored poles or concrete/stone materials with a spacing of two hundred (200) feet. Minor roadways should use a cool, concealed source, cutoff design with a maximum height of thirty-five (35) feet with two hundred (200) feet spacing one (1) side or staggered, using a eight-tenths (0.8) lumen average per square foot surface area. Major roadways should use a cool, concealed source, cutoff design with a maximum height of thirty-five (35) feet using dark colored poles (non-wood) or concrete/stone. Spacing should be two hundred (200) feet on both sides with a one and two-tenths (1.2) lumen average per square foot surface area. (See Definitions of "Roadway and Streets".)
H. 
Underground Utilities. All utilities within non-residential districts must be placed underground in an aesthetic and safe manner. These utilities would include fiber optics, electric, telephone, cable, natural gas, sewer and water.

Section 470.070 Site Plan Requirements and Review.

[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3296 § 1, 12-20-2012; Ord. No. 3552 § 1, 11-19-2015; Ord. No. 3567 § 2, 1-28-2016]
See Chapter 447, Site Plan Review.