[Res. No. 07-06, Zoning Order Art.
10 § A, 7-12-2007]
A.
Commission. The Commission is authorized by State Statutes and as
described in this Zoning Order, to regulate uses of land within its
jurisdiction, issue Special Use Permits (SUP). The SUP may provide
for certain uses of structures or land in the County which are extraordinary
to the definitions and uses as described for the Zoning Districts,
and shall include such conditions and restrictions as are designated
by the County as appropriate to protect the public interest and to
secure compliance with this Order. The Commission may deny requests
which fail to satisfy the standards and requirements of this Article,
and which are not in harmony with the purposes and interest of this
Zoning Order and the health, safety and general welfare of the community.
B.
Board Of Zoning Adjustment (BZA). When approved by the Commission
as a conditional Use within the County, the BZA is authorized, as
described in this Zoning Order, to issue the conditions regulating
such Special Uses by means of Permits (SUP). The SUP document may
provide for certain uses of structures or land in the County which
are extraordinary to the definitions and uses as described for the
Zoning Districts, and shall include such conditions and restrictions
as are designated by the County as appropriate to protect the public
interest and to secure compliance with this Order.
C.
Planning Board (Board). Cass County finds it in the public interest,
for consideration of the granting or denial of Special Use Permits,
to hold public hearings for such land use proposals and obtain the
involvement and commentary of the public in addition to the technical
evaluations that are required by the Zoning Order. Therefore, the
Commission and BZA shall consider applications for the issuance of
Special Use Permits only after having received a recommendation from
the Cass County Planning Board. In no event shall a SUP be granted
where the proposed use is not authorized by the conditions of this
Zoning Order, or where the conditions of this Article are not met.
[Res. No. 07-06, Zoning Order Art.
10 § B, 7-12-2007]
A.
General Considerations.
1.
Permits shall only be granted for uses which serve and protect
the public interest, the health, safety and welfare of the residents
of the County, and which are considered to be in compliance with this
Order.
2.
Conditions. Prior to the granting of any Special Use Permit,
the Board, Commission or BZA may each stipulate such conditions and
restrictions upon the establishment, location, construction, maintenance
and operation of the permitted use as is deemed necessary for the
protection of the public interest, and to secure compliance with the
standards and conditions contained herein.
4.
Guarantees. In all cases in which a Special Use Permit is granted,
the Board, Commission or BZA may each require such evidence, guarantees
or third party insurance as may be deemed necessary to insure that
the permit grantee complies with and will continue to comply with
the conditions stipulated. Documentation of such guarantees shall
be completed prior to issuance of the Special Use Permit.
5.
Permits shall only be granted for uses wherein the operation,
location, construction or maintenance aspects of that use satisfy
the standards and requirements of this Article and are in harmony
with the purposes and interest of this Zoning Order, or uses which
may be brought into compliance with these standards and requirements
by the stipulation of such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the permitted
use as the Board, Commission or BZA may each require.
6.
Uses for which other agencies, municipalities, State or Federal
entities have regulatory authority and issue conditions and regulating
restrictions shall be required to demonstrate documentation confirming
compliance with such conditions of the use at the location and manner
as defined in the application prior to issuance of the SUP.
B.
In addition, the Board, Commission or Board of Zoning Adjustment
may take into consideration the characteristics of the following aspects
of the site proposed for any use:
1.
Location and impact of the proposed use in relationship to adjacent
and surrounding uses within such radius as the Board, Commission or
BZA consider as relevant.
2.
Surrounding uses or restrictions to uses as those areas are
planned or proposed by the County Comprehensive Plan as adopted at
the time of the application for a Special Use Permit.
3.
Ownership of the proposed property or documentation of acceptable
leasing arrangements for the property in relation to the proposed
use.
4.
Size of the proposed use in terms of the coverage of the land,
in plan area, to be occupied.
5.
Accessibility of the property required for the proposed use
to law enforcement, fire protection, refuse disposal and other services
and compliance of ingress and egress requirements to the property
with standards of the Zoning Order or Subdivision Regulations.
6.
Vehicular or pedestrian traffic that is part of the proposed
use, or is the result or consequence of that use and compliance of
parking and loading requirements of the use with provisions of the
Zoning Order or Subdivision Regulations.
7.
Availability and appropriate capacity of utility services to
meet the needs of the use and their access to the property.
8.
Size and character of any construction required as part of the
proposed use, in relationship to similar aspects of the surrounding
area.
9.
Aesthetic character of any construction required as part of
the proposed use or any aspect of the use, in relationship to similar
aspects of the surrounding area.
C.
The Board, Commission or BZA may take into consideration the characteristics
of the following aspects of the use being proposed for any site.
1.
Effect of the proposed use, as intended, upon the ambient noise
and sound character of the area during all periods of the day and
seasons.
2.
Effects of the necessary interior and exterior lighting of the
proposed use, as intended, upon the ambient lighting character of
the area during all periods of the day and seasons.
3.
Effects of air borne pollution and contaminants or dust resulting
from the proposed use, as intended.
4.
Effects on surface or ground water conditions resulting from
the proposed use.
5.
Use, storage, transport and removal of any hazardous substances
as part of the proposed use.
6.
Effect of electrical, magnetic or wave action occurring as a
result of the use on the property or the adjacent properties, if considered
by the Planning Board, Commission or BZA to be detrimental to the
purposes of this Zoning Order.
7.
Potential for damage or loss or increased liabilities created
on adjacent or neighboring properties or uses by the proposed use.
[Res. No. 07-06, Zoning Order Art.
10 § C, 7-12-2007]
A.
General Procedure. The process of applying for a Special Use Permit
will occur as two (2) sequential steps, a Conceptual Use Application
and a Special Use Permit Application. Each step will require an application
be made to achieve a hearing and recommendation by the Planning Board,
and an action by the Board of Zoning Adjustment.
1.
Uses for which the Special Use Permit application step may be
waived at the recommendation of the Planning Board are limited to
uses which include the following characteristics:
2.
Uses for which both a Conceptual Use Application and a Special
Use Permit Application shall be required include, and are not limited
to the following characteristics:
a.
Uses requiring land disturbance of a surface of more than twelve
thousand (12,000) square feet, construction of a facility in excess
of one thousand (1,000) square feet, or construction within a stream
buffer area as designated in this Zoning Order.
b.
Uses requiring product delivery, assembly or manufacturing of
finished products.
c.
Uses with a potential for causing any hazardous or unsanitary
materials or conditions as determined by the County.
d.
Uses involving food service, preparation and disposal.
e.
Uses involving storage in excess of one thousand (1,000) square
feet.
B.
Conceptual Use Application.
1.
A written application for consideration of a special use shall
be filed with the Zoning Officer and shall include a statement of
the grounds upon which the special use is requested. Included with
the application shall be sufficient evidence, submitted as a complete
submittal, to demonstrate the nature of the use and that the use will
conform to the standards set forth in the Zoning Order, including
and not limited to the submittal documents identified in the Administration
Article and below.
a.
Completed application.
b.
List of owners of the land in the application, signed by all
individuals named in the deed, and notarized, designating a Representative
to act for them. Mortgagors holding an interest in the property are
to be identified and signatory if required by their interest.
c.
List of adjacent property owners within one thousand (1,000)
feet of the subject property.
d.
Survey of the property according to the standards of the State.
e.
A final resolution of the permitting action where areas of the
flood plain are affected by the proposed use.
f.
A written description of the proposed use.
2.
Application will be accompanied by fees in an amount established
by the County Commission by separate order, charged to and collected
from the applicant prior to acceptance of the application.
3.
Upon acceptance of the formal application and all accompanying
material, the Zoning Officer shall arrange a public hearing by the
Planning Board. Notice of such hearing shall be published by the Zoning
Officer and the applicant shall provide notice to adjacent property
owners by regular mail, each at least fifteen (15) days before the
public hearing.
[Ord. No. 19-05, 8-22-2019]
4.
Findings by Planning Board shall be provided to the Commission
as either:
a.
An affirmative finding that the proposed use confirms to the
standards set forth in this Zoning Order, including any and all specific
and general conditions that the Planning Board considers as requirements
attached to the use, and including a recommendation as to the issuance
of a SUP without an additional application process;
b.
A denial of the proposed use;
c.
Continuing the matter to a future agenda time;
d.
A recommendation for a requirement that additional information,
or a separate Special Use Permit Application, be submitted for consideration
by either the Planning Board or the Commission.
5.
The Commission shall consider the recommendations and conditions
of the Planning Board at the next regularly scheduled meeting for
which there is an agenda opportunity available for the application.
This shall constitute the Submission Date to the Commission. At this
meeting the Commission may:
a.
Accept the conditions of the proposed use and instruct the Zoning
Officer to draft a SUP for review by the BZA and applicant, or
b.
Revise or amend and accept such recommendation by the Board,
or
c.
Deny the request. If the Commission fails to act upon a recommendation
within sixty (60) days from the Submission Date, the application shall
be deemed as not approved, or
d.
Continuing the matter to a future agenda time;
C.
Special Use Permit Application.
1.
Following acceptance of a Conceptual Use Application by the
Commission, an application for consideration of a formal Special Use
Permit shall be filed with the Zoning Officer. It shall include sufficient
evidence, submitted as a complete submittal, to show that the use
will conform to the standards and conditions as established by the
Planning Board or Commission, and to show that the use will conform
to the standards set forth in the Zoning Order. The application details
will be provided by the Zoning Officer following acceptance of the
Conceptual Use Application by the Commission, and including and not
limited to the submittal documents identified below.
a.
Completed application.
b.
Revised list of owners of the land in the application if there
have been any changes in ownership. Mortgagors holding an interest
in the property are to be identified and signatory if required by
their interest.
c.
Revised list of adjacent property owners within one thousand
(1,000) feet of the subject property if more than sixty (60) days
have passed since the hearing of the Conceptual Use application by
the Board.
d.
Topographical Site Plan, indicating contours at a minimum of
two (2) foot elevation change intervals where necessary to develop
site gradient characteristics.
e.
Construction Site Plan(s) and Specifications indicating proposed improvements and describing them sufficiently to provide the information required in Section 400.620, Site Characteristics and Use Impact Characteristics, above.
f.
Storm Water Management Site Plan.
g.
Such other supporting documents as required by the County in
order to provide an understanding of the conditions related to proposed
use.
2.
Application will be accompanied by fees in an amount established
by the Commission by separate order, charged to and collected from
the applicant prior to acceptance of the application.
3.
Upon acceptance of the formal application and all accompanying
material, the Zoning Officer shall arrange a public hearing by the
Planning Board of the Special Use Permit application. Notice of such
hearing shall be published by the Zoning Officer and the applicant
shall provide notice to adjacent property owners by regular mail,
each at least fifteen (15) days before the public hearing.
[Ord. No. 19-05, 8-22-2019]
4.
In making a recommendation to the Board of Zoning Adjustment,
the Planning Board shall make either:
a.
An affirmative finding that the proposed use conforms to the
standards set forth in this Zoning Order, including any and all specific
and general conditions that the Planning Board considers as requirements
attached to the use, and including a recommendation as to the issuance
of a SUP;
b.
A denial of the proposed use;
c.
Continuing the matter to a future agenda time;
d.
A recommendation for a requirement that additional information
be submitted for consideration by either the Planning Board or the
BZA.
5.
The Board of Zoning Adjustment, acting as the BZA, shall consider
the recommendations and conditions of the Planning Board at the next
regularly scheduled BZA meeting for which there is an agenda opportunity
available for the application. This shall constitute the Submission
Date to the BZA for the Special Use Permit. At this meeting the BZA
may:
a.
Accept the conditions of the proposed use and instruct the Zoning
Officer to draft a SUP for review by the BZA and applicant, or
b.
Revise or amend and accept such recommendation by the Board,
or
c.
Deny the request. If the BZA fails to act upon a recommendation
within sixty (60) days from the Submission Date to the BZA, the application
shall be deemed as not approved.
[Res. No. 07-06, Zoning Order Art.
10 § D, 7-12-2007]
A.
Draft Permit. Following acceptance by the Planning Board, Commission
or the BZA, the Zoning Officer shall provide a draft permit agreement
incorporating any and all considerations, conditions and requirements
of the Planning Board and BZA. It shall be submitted to the applicant
for review. A final version acceptable to both the County and the
applicant shall then be prepared for signature. If no agreement on
the conditions of the SUP has been achieved in ninety (90) days following
acceptance of the application by the Commission or the BZA, then the
SUP shall be null and void.
[Ord. No. 23-01, 3-8-2023]
1.
The County specifically reserves the right to periodic, random
visits to any property upon which a special use is in operation. The
applicant by making an application agrees to allow entry and access
upon the property and into any facilities which are part of the use.
The applicant also agrees to assist the representatives of the County
in any manner requested, and to provide records for review when requested
by the County.
B.
Amendments. The SUP shall only be amended by written agreement of
the County to any and all revisions. Such revisions shall be requested
in writing by the applicant, who shall provide the County with any
information the BZA or Zoning Officer requires for the evaluation
of the proposed revision. The BZA may require additional public review
of the proposed revisions.
1.
If an amended permit has been accepted by the County and the
applicant, the original permit will be amended, or wholly rewritten
at the discretion of the County.
[Res. No. 07-06, Zoning Order Art.
10 § E, 7-12-2007; Ord. No. 23-01, 3-8-2023]
A.
Vesting
Of Rights And Transferability Of Permits.
1.
The mere issuance of a special use permit gives no vested rights
to the permit holder.
2.
A right to continue a special use shall vest only if the project
is constructed and the use is actually begun. Such right shall be
subject to expiration and revocation under the terms of this Section.
3.
A special use permit may be conveyed with the land only if a right
to continue the use has vested. The transfer of a permit in which
no right has vested shall be invalid. Nothing in this Section shall
be construed to alter the expiration date of permits or the authority
of the BZA to revoke a permit.
4.
A permit cannot be assigned or transferred to a different parcel
of land.
5.
A permit holder may apply to the Planning Board for a determination
of whether a right to continue the use has vested under the terms
of this Section.
B.
Lapse
Of Permits. A special use permit in which no vested right has been
established, shall lapse and become void unless the applicant applies
for any building permit incident to the proposed use within two (2)
years of the date of approval by the BZA. Upon the written request
of the property owner and for good cause shown, the BZA may grant
one (1) extension of not more than one (1) year. An application for
extension will be considered only if it is submitted, in writing,
prior to the expiration of the initial period.
C.
Expiration
Of Permits. The BZA may impose durational limits as a condition of
the special use permit. A permit may be renewed upon application to
the BZA, subject to the same procedures, standards, and conditions
as an original application.
D.
Revocation
Of Special Use Permits. Any special use permit granted under the authority
of this Section is subject to revocation for any or all of the following
reasons:
1.
Non-compliance with any special conditions imposed at the time of
approval of the special use permit.
2.
Violation of any provisions of the ordinances pertaining to the use
of the land, construction or uses of buildings or structures or activities
conducted on the premises by the permit holder, agents of the permit
holder, or tenants.
3.
Violation of any other applicable provisions of the ordinances or
any State or Federal law or regulation by the permit holder, agents
of the permit holder, or tenants, provided that such violations relate
to the conduct or activity authorized by the special use permit or
the qualifications of such persons to engage in the permitted use.
4.
Revocation is necessary to preserve the public health, safety, and
welfare.
E.
Procedure
For Revocation.
1.
Revocation proceedings may be initiated by the Zoning Administrator,
the Planning Board, or BZA.
2.
Unless the permit holder and the landowner agree, in writing, that
the permit may be revoked, the BZA shall hold a public hearing to
consider the revocation of the special use permit.
3.
The County shall give the permit holder and landowner notice of the
scheduled revocation hearing at least fifteen (15) days prior to the
date scheduled for such hearing by certified mail, return receipt
requested. If such notice cannot be delivered or is not accepted,
notice may be given by publishing a notice of hearing in a newspaper
of general circulation in the County and by posting a notice of hearing
on the property at least fifteen (15) days prior to the date scheduled
for the hearing.
4.
The public hearing shall be conducted in accordance with rules of
procedure established by the BZA. At the conclusion of the public
hearing, the BZA may render its decision or take the matter under
advisement.
5.
No special use permit shall be revoked unless a majority of the BZA
is satisfied by a preponderance of the evidence that grounds for revocation
exist. Any motion for the revocation of a special use permit shall
clearly state the grounds for revocation.
[Res. No. 07-06, Zoning Order Art.
10 § F, 7-12-2007]
A.
In granting a special use, the County may impose conditions, safeguards
and restrictions upon the premises as it considers necessary to reduce
or minimize any potential injurious effect of such special uses upon
other property in the neighborhood, and to carry out the general purpose
and intent of these regulations. The following additional conditions
shall be requirements for the consideration of the following special
uses described:
1.
Special Needs Residential Uses.
a.
Use of dwellings in locations not otherwise authorized by this
Zoning Order may be permitted for specified periods of time by a SUP.
This SUP is intended to be used for cases wherein the proposed occupant(s)
of the temporary dwelling are physically or mentally incapacitated
such that they and require the care and/or supervision of the person
making application for the Special Use Permit.
b.
A special need must be described in the application for this
special use and the relationship of the care provider indicated. Documentation
of the need, such as medical opinion and information, shall be as
required by the Planning Board or as a condition as determined by
the BZA.
c.
Special needs residential uses shall not include any arrangement
of fees for care services or use of the dwelling.
2.
Adult Entertainment Uses.
a.
Adult entertainment establishments, as defined by this Zoning
Order, shall be subject to the following conditions:
(1)
The application for the SUP must specify the exact
use proposed, such as adult bookstore, adult theater, modeling studio,
or entertainment facility, including a description of the activities
planned as part of the use, and a description of the degree of nudity
as these relate to the definitions used in this Zoning Order.
(2)
The County may require any additional conditions
that are deemed necessary for compliance with these regulations.
(3)
No adult entertainment establishment shall be located
closer than two thousand six hundred forty (2,640) feet to any church,
school, public building, residence, or residential district, or closer
than five thousand two hundred eighty (5,280) feet from another adult
entertainment establishment. Measurement shall be made from the main
public entrance of such establishment by the most direct public street
to the nearest lot line of the parcel in question, or direct walking
path, whichever is closer.
(4)
All access to and from the adult entertainment
establishment parcel shall be provided from a major thoroughfare road.
(5)
The lot on which the use is located shall be screened
by a solid wall, a minimum of six (6) feet in height along side and
rear lot lines, providing a complete visual barrier.
(6)
The building in which the establishment is located,
and the off-street parking serving the establishment, shall be set
back at least twenty-five (25) feet from the front lot property line
and at least ten (10) feet from all side and rear property lines,
or the set back distance stipulated in the underlying zoning district,
whichever is more restrictive.
(7)
The building in which the adult entertainment establishment
is located shall be designed in such a fashion that all openings,
entries and windows prevent views into such establishments from any
street or other public area. Further, no merchandise or pictures of
products or entertainment on the premises shall be displayed in window
areas or any area where such merchandise or pictures can be viewed
from the street or public area.
(8)
No adult entertainment activity shall take place
outside the building containing the adult entertainment establishment.
(9)
No portable signs shall be allowed, and signs shall
inform only of the establishment's name and address and shall not
depict specific sexual activities or anatomical area. There shall
be permitted one (1) on-premise sign and one (1) building sign, the
combined face area of which shall be no larger than one (1) square
foot of signage for each lineal foot of building facade that faces
the street.
(10)
No flashing lights and traveling lights are permitted
outside the building. Lighting of parking areas that serve an adult
entertainment establishment shall provide an average light level of
one (1.0) foot-candles at a height of six (6) feet, over the entire
parking area, but in no point shall the light level exceed three (3.0)
foot-candles. No increase in light levels or visible glare from lighting
shall be permitted at the lot line.
(11)
The hours of operation shall be nominally the
normal daylight working hours. No use shall be permitted between the
hours of 6:00 p.m. to 8:00 a.m., Monday through Saturday. No use on
Sundays, New Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving,
or Christmas Day shall be permitted.
(12)
Any adult entertainment activity that is not in
compliance with the definitions and the conditions of this Zoning
Order shall be prohibited under any conditions.
3.
Billboards.
a.
Purpose. It is the intent and purpose of these requirements
to qualify, supplement, or define the allowable uses of billboards
in each of the Zoning Districts as defined in the Article regarding
Signage in this Zoning Order.
b.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application for a SUP, or prior to issuance of the permit and shall
be revised when reissued by such authorities.
c.
Included in the SUP will be a provision that the permanent structures
required for the billboard use will be removed and the land restored
to it's original condition within a twelve (12) month period after
the loss of permitting by the Federal, State agencies, or the County,
or the discontinuation of the use.
d.
A drawing showing all other billboards and principle freestanding
signs: within two thousand six hundred forty (2,640) feet, in each
direction, on each side of the highway on which the billboard is located.
4.
Communication Towers.
a.
Towers that are less than thirty-five (35) feet in height shall
be allowed as a permitted use, in areas as designated in this Zoning
Order.
b.
Towers in other areas and those greater than thirty-five (35)
feet in height may be allowed by Special Use Permit, subject to the
following requirements:
(1)
A study comparing all potential tower location
sites within an approximate one-half (1/2) mile radius of the proposed
application area is required.
(2)
A photo simulation of the proposed facility as
viewed from the adjacent residential properties and public rights-of-way.
(3)
Evidence of a lease for the use of the property
by the applicant for this special use.
(4)
A survey of the property on which the tower is
to be located, including all easements for all services provided to
the tower site.
(5)
Documentation of all necessary approval and permitting
procedures of all regulating authorities shall be provided to the
County in the application, or prior to issuance of the permit and
shall be revised when reissued by such authorities.
(6)
A signed statement indicating the applicant's intention
to share space on the tower with other communication service providers,
and a copy of notification sent to other providers notifying them
of the proposed request and inquiring of their interest to co-locate.
(7)
A site plan indicating the setback distance of
the proposed tower. The setback from any property line shall not be
less than two-thirds (2/3) of the height of the tower, including antennas,
unless a professional engineer certifies the fall zone will be within
the setback area proposed. In no case, however, shall the setback
of a tower be less than the setback requirement of the zoning district
at the location for the tower use. The setback distance for towers
on a roof or structure other than a tower shall be measured from the
base of the tower to the edge of the roof or structure and shall not
be greater than two-thirds (2/3) the height of the tower.
(8)
The construction or site plan shall indicate the
location and specifications of any illumination devices. Towers shall
not be lighted except as required by the current regulations of the
Federal Aviation Administration (FAA). The use of high intensity flashing
lights is prohibited, unless specifically required by FAA regulations.
Towers shall be designed and sited so as to avoid, whenever possible,
application of FAA lighting and painting requirements. Security lighting
around the base of the tower may be installed, provided that all ground
level lighting is directed inward and downward and does not interfere
with lighting levels on adjacent property.
(9)
Metal construction materials of a tower shall have
a galvanized finish or be painted gray or light blue, unless other
standards are required by the FAA.
(10)
If antennas are installed on a tower structure
other than a tower, the antennas shall be screened, constructed and/or
colored to match the structure to which they are attached. Antennas
mounted on the side of a building or structure shall match the color
of the background against which they are mounted.
(11)
The tower shall be enclosed in a type of security
fence not less than six (6) feet in height around the base of the
tower and fully enclose the accessory equipment. In addition, the
fence shall be constructed to prevent climbing access to the interior
of the tower enclosure.
(12)
Included in the SUP will be a provision that the
use will be removed and the land restored to it's original condition
within a twenty-four (24) month period after the loss of permitting
by the Federal or State agencies, or the County, or the discontinuation
of the use.
5.
Composting Industry Uses.
a.
Composting uses are those whose operations shall include only
yard wastes which are defined as leaves, grass clippings, yard and
garden vegetation and woody materials that have reduced to a size
that can be composted. Applications for a special use for composting
sites may include a request to set aside an area for processing on
a site of woody materials, such as trees, stumps and branches, into
firewood or wood chip mulch.
b.
The lot on which the use is located shall be screened by a solid
barrier, a minimum of six (6) feet in height along side and rear lot
lines, providing a complete visual barrier. Fencing may also be required
to minimize the impact of wind blown debris leaving the property.
c.
Provisions for dust reduction and containment both on- and off-site
are required to be fully described as part of the application process.
d.
The hours of operation shall be nominally the normal daylight
working hours. No use shall be permitted between the hours of 6:00
p.m. to 8:00 a.m., Monday through Saturday. No use on Sundays, New
Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving, or Christmas
Day shall be permitted.
e.
Included in the SUP will be a provision that the use will be
removed and the land restored to it's original condition within a
twenty-four (24) month period after the loss of permitting by the
Federal or State agencies, or the County, or the discontinuation of
the use.
6.
Concentrated Animal Feeding Uses.
a.
All proposed Concentrated Feeding Operations that are designed
to accommodate Class I and Class II concentrations of animal units
shall be subject to Missouri Department of Natural Resources (MoDNR),
Division of Environmental Quality standards, review and approval.
b.
All wastes from a concentrated animal feeding operation shall
be subject to all other Federal, State and local requirements, including
the provisions of the Clean Water Act which are applicable. In addition,
any requirements considered necessary by the Planning Board or BZA
for the enforcement of this Zoning Order shall be satisfied prior
to acceptance of the application for permitting. This may include
controls that demonstrate compliance with the Clean Water Act, such
that there is no discharge of waste directly or as a component of
storm water runoff from the property, or include controls such that
there is no discharge of wastes, directly or indirectly, into subsurface
waters.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, and shall be revised when reissued by such authorities.
d.
Procedures for the handling of wastes and storm water management
shall be subject to requirements of the Missouri Department of Natural
Resources (MoDNR), under the Missouri Clean Water Act shall be requirements
considered necessary by the Planning Board or BZA for the enforcement
of this Zoning Order may also be required and shall be satisfied prior
to acceptance of the application for permitting.
e.
The lot on which the use is located shall be screened by a fence
adequate to prevent any animal or wind blown debris from leaving the
subject property.
f.
Separation requirements of the MoDNR, and any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required.
g.
Included in the SUP will be a provision that the use will be
removed and the land restored to it's original condition within a
twenty-four-month period after the loss of permitting by the Federal
or State agencies, or the County, or the discontinuation of the use.
7.
Landfill Uses.
a.
Sanitary landfill shall be subject to Missouri Department of
Natural Resources (MoDNR) review and approval. Documentation of all
necessary approval and permitting procedures shall be provided to
the County in the application, and shall be revised when reissued
by such authorities.
b.
All water runoff from a sanitary landfill shall be subject to
all other Federal, State and local requirements which are applicable.
In addition, any requirements considered necessary by the Planning
Board or BZA for the enforcement of this Zoning Order shall be satisfied
prior to acceptance of the application for permitting.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, or prior to issuance of the permit and shall be revised
when reissued by such authorities.
d.
Specific procedures for the handling of storm water management,
as required by the Missouri Department of Natural Resources (MoDNR)
as part of the compliance with the Clean Water Act and the American
Public Works Association Standards shall apply. Any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required and shall be satisfied prior to
acceptance of the application for permitting. This may include controls
that demonstrate compliance with the Clean Water Act, such that there
is no discharge of runoff water directly into surface or subsurface
waters.
e.
Separation requirements from adjacent land uses shall be those
of DNR, and any requirements considered necessary by the Planning
Board or BZA for the enforcement of this Zoning Order. Perimeter setbacks
may be greater than the standard setbacks in the underlying zoning
district.
f.
Restrictions limiting access to the site to specific routes
using County roads will be required. The application shall include
a schematic site plan of the routes within a three (3) mile radius
of the subject property and intended to be access routes for the proposed
use.
g.
The lot on which the use is located shall be screened by a fence
of woven wire construction, a minimum of six (6) feet in height along
all lot lines as a means to prevent wind blown debris from leaving
the subject property. Openings in the fence shall be nominally two
(2) inches square. Construction materials shall be galvanized metals.
h.
The hours of operation shall be nominally the normal daylight
working hours. No use shall be permitted between the hours of 6:00
p.m. to 8:00 a.m., Monday through Saturday. No use on Sundays, New
Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving, or Christmas
Day shall be permitted.
i.
Provisions for dust reduction and containment both on- and off-site
are required to be fully described as part of the application process.
Use of the site shall include provisions to control dust caused by
the proposed use. As a minimum, water spray dust control shall be
required during operation hours such that dust leaving the property
shall be limited to short durations, and to the satisfaction of the
County.
j.
A reclamation plan for returning the subject property to it's
original condition shall be required with the application. The plan
shall be binding to the extent that it shall indicate the intent of
the reclamation. This initial reclamation plan shall be revised in
advance of the time that such reclamation efforts would begin. At
such time, the revised and final plan shall be submitted to the BZA
for approval. It shall be reviewed as part of a public hearing process,
under the same procedures as the original application.
k.
The reclamation plan shall include a schedule of the beginning,
duration and completion of the reclamation effort. This schedule may
also be revised as part of the submittal of a final reclamation plan.
l.
The BZA may require a bond or other method of financial assurance
acceptable to the County in the amount that will guarantee the reclamation
of the site within a period of time to be specified and approved by
the BZA. Such surety shall be properly executed prior to any grading
or construction, and shall be released in segments upon written approval
of the County.
8.
Uses For The Rehabilitation Of Patients.
a.
Residential or out-patient facilities for the treatment of substance
abuse may be permitted as a special use in districts designated in
the Zoning Order, provided that:
(1)
Documentation of all necessary approval and permitting
procedures of all regulating authorities, including State certification
requirements of the Division of Alcohol and Drug Abuse of the Department
of Mental Health, shall be provided to the County in the application
or prior to the issuance of the permit, and shall be revised when
reissued by such authorities.
(2)
The facility shall be subject to all regulatory
Building Codes currently adopted for use by the County, the requirements
of this Zoning Order, the Subdivision Regulations and other non-discriminatory
regulations in effect in the County.
(3)
The design of the facility shall be in compliance
with aspects of the Zoning Order regarding the surrounding community
and with other physical structures in the surrounding neighborhood
as determined by the Planning Board or BZA.
(4)
The facility shall be located no closer than one
thousand (1,000) feet from another, similar facility, and no closer
than three hundred (300) feet form any residentially zoned district.
9.
Surface, Non-Metalic Mining Uses.
a.
Surface quarry uses shall be subject to Missouri Department
of Natural Resources (MoDNR) review and approval. Documentation of
all necessary approval and permitting procedures shall be provided
to the County in the application, or prior to issuance of the permit,
and shall be revised when reissued by such authorities.
b.
Such uses shall also be subject to all other State and Federal
requirements, including the Department of Labor, Mine Safety standards
and the Federal Bureau of Alcohol and Tobacco standards regarding
explosives usage. Documentation of all necessary approval and permitting
procedures shall be provided to the County in the application, and
shall be revised when reissued by such authorities.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, or prior to issuance of the permit, and shall be revised
when reissued by such authorities.
d.
The proposed operation shall not contribute to soil erosion
by water, wind, or vibration, nor shall it adversely affect soil fertility,
drainage and lateral support of any abutting land.
e.
All water runoff from a mining use shall be subject to all other
Federal, State and local requirements which are applicable. In addition,
any requirements considered necessary by the Planning Board or BZA
for the enforcement of this Zoning Order shall be satisfied prior
to issuance of the permit.
f.
Specific procedures for the handling of storm water management,
as required by the Missouri Department of Natural Resources (MoDNR)
as part of the compliance with the Clean Water Act and the American
Public Works Association Standards shall apply. Any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required and shall be satisfied prior to
issuance of the permit. This may include controls such that there
is no discharge of runoff water directly into surface or subsurface
waters.
g.
Separation requirements of this use from adjacent land uses
shall be those of the above regulatory agencies and any requirements
considered necessary by the Planning Board or BZA for the enforcement
of this Zoning Order. Perimeter setbacks may be greater than the standard
setbacks in the underlying zoning district.
h.
Separation requirements of this use shall be a minimum of one
thousand three hundred twenty (1,320) feet from any existing residence
and one hundred (100) feet from the property lines of the parcel proposed
as the site for this use.
i.
Explosive use separations shall be a minimum of one thousand
three hundred twenty (1,320) feet from any existing residence and
one hundred (100) feet from the property lines of the parcel proposed
as the site for this use.
j.
All areas quarried or mined shall not endanger the lateral support
of abutting or adjoining properties. A minimum setback of one hundred
(100) horizontal feet from any road right-of-way, measured on the
surface, must be maintained free of any quarrying or mining activity,
either surface or subsurface.
k.
Restrictions limiting access to the site to specific routes
using County roads will be required. The application shall include
a schematic site plan of the routes within a three (3) mile radius
of the subject property and intended to be access routes for the proposed
use.
l.
When any open excavation will have a depth of three (3) feet
or more and create a slope of more than thirty degrees (30°),
creating a hazard, there shall be a substantial fence with suitable
gates where necessary, effectively blocking access to the area in
which such excavation is located. Such fence shall be located fifty
(50) feet or more from the edge of the excavation. The fence shall
be of woven wire construction, a minimum of six (6) feet in height.
Openings in the fence shall be nominally two (2) inches square. Construction
materials shall be galvanized metals.
m.
The hours of operation shall be nominally the normal daylight
working hours. No use shall be permitted between the hours of 6:00
p.m. to 8:00 a.m., Monday through Saturday. No use on Sundays, New
Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving, or Christmas
shall be permitted.
n.
Use of the site shall include provisions to control dust caused
by the proposed use. As a minimum, water spray dust control shall
be required during operation hours such that dust leaving the property
shall be limited to short durations, and to the satisfaction of the
County.
o.
A reclamation plan for returning the subject property to it's
original condition shall be required with the application. The plan
shall be binding to the extent that it shall indicate the intent of
the reclamation. This initial reclamation plan shall be revised in
advance of the time that such reclamation efforts would begin. At
such time, the revised and final plan shall be submitted to the BZA
for approval. It shall be reviewed as part of a public hearing process,
under the same procedures as the original application.
p.
The reclamation plan shall include a schedule of the beginning,
duration and completion of the reclamation effort. This schedule may
also be revised as part of the submittal of a final reclamation plan.
q.
The BZA, if it deems necessary, may impose a requirement for
a bond to be provided by the applicant to assure the completion of
the reclamation effort.
r.
No building, equipment, quarry products or other materials shall
be erected or stored within one hundred (100) feet of any property
or roadway right-of-way line. All equipment and materials for packaging
shall be located in designated areas and provided with visual screening
from the adjacent properties.
s.
Along all property lines which separate this use from residential
property, screening shall be provided in the form of earthen berms
or trees of adequate height, spacing and density to provide visual
barriers against viewing the operations of the use.
t.
The slope of material in any excavation shall not exceed the
normal angle of repose or forty-five degrees (45°), whichever
is less.
u.
The BZA may require a bond or other method of financial assurance
acceptable to the County in the amount that will guarantee the reclamation
of the site within a period of time to be specified and approved by
the BZA. Such surety shall be properly executed prior to any grading
or construction, and shall be released in segments upon written approval
of the County.
v.
A copy of the annual survey of mining operations, as required
to be filed by State law with the State, shall also be filed with
the Board of Zoning.
10.
Sub-Surface Metalic Or Non-Metalic Mining Uses.
a.
Sub-surface quarry uses shall be subject to Missouri Department
of Natural Resources (MoDNR) review and approval. Documentation of
all necessary approval and permitting procedures shall be provided
to the County in the application, or prior to issuance of the permit,
and shall be revised when reissued by such authorities.
b.
Such uses shall also be subject to all other State and Federal
requirements, including the Department of Labor, Mine Safety standards
and the Federal Bureau of Alcohol and Tobacco standards regarding
explosives usage. Documentation of all necessary approval and permitting
procedures shall be provided to the County in the application, or
prior to the issuance of the permit, and shall be revised when reissued
by such authorities.
c.
Documentation of all necessary approval and permitting procedures
of all regulating authorities shall be provided to the County in the
application, or prior to the issuance of the permit, and shall be
revised when reissued by such authorities.
d.
All water runoff from a sub-surface mining use shall be subject
to all other Federal, State and local requirements which are applicable.
In addition, any requirements considered necessary by the Planning
Board or BZA for the enforcement of this Zoning Order shall be satisfied
prior to acceptance of the application for permitting.
e.
Specific procedures for the handling of storm water management,
as required by the Missouri Department of Natural Resources (MoDNR)
as part of the compliance with the Clean Water Act and the American
Public Works Association standards shall apply. Any requirements considered
necessary by the Planning Board or BZA for the enforcement of this
Zoning Order may also be required and shall be satisfied prior to
acceptance of the application for permitting. This may include controls
such that there is no discharge of runoff water directly into surface
or subsurface waters.
f.
Separation requirements of this use from adjacent land uses
shall be those of the above regulatory agencies and any requirements
considered necessary by the Planning Board or BZA for the enforcement
of this Zoning Order. Perimeter setbacks may be greater than the standard
setbacks in the underlying zoning district.
g.
Separation requirements of the active components of this use
shall be a minimum of six hundred (600) feet horizontally from the
vertical extension downward of the foundation line of any existing
residence and one hundred (100) feet from the property lines, when
extended vertically downward, of the parcel proposed as the site for
this use.
h.
Explosive use separations shall be a minimum of six hundred
(600) feet from any existing residence and one hundred (100) feet
from the property lines of the parcel proposed as the site for this
use as described for operations above.
i.
Restrictions limiting access to the site to specific routes
as designated by the County when using County roads will be required.
The application shall include a schematic site plan of the routes
within a three (3) mile radius of the subject property and intended
to be access routes for the proposed use.
j.
When any open excavation will have a depth of three (3) feet
or more and create a slope of more than thirty degrees (30°),
there shall be a substantial fence with suitable gates where necessary,
effectively blocking access to the area in which such excavation is
located. The fence shall be of woven wire construction, a minimum
of six (6) feet in height. Openings in the fence shall be nominally
two (2) inches square. Construction materials shall be galvanized
metals or other non-weathering materials.
k.
The hours of operation shall be nominally the normal daylight
working hours. No use of surface areas and no underground blasting
operations shall be permitted between the hours of 6:00 p.m. to 8:00
a.m., Monday through Saturday. No use on Sundays, New Years Day, Memorial
Day, July 4th, Labor Day, Thanksgiving, or Christmas of surface areas
shall be permitted.
l.
Use of the site shall include provisions to control dust caused
by the proposed use. As a minimum, water spray dust control shall
be required during operation hours such that dust leaving the property
shall be limited to short durations, and to the satisfaction of the
County.
m.
Any State or Federal requirements for reclamation of underground
mining uses shall apply, and a reclamation plan for returning the
subject property to it's original condition shall be required with
the application. The plan shall be binding to the extent that it shall
indicate the intent of the reclamation. This initial reclamation plan
shall be revised in advance of the time that such reclamation efforts
would begin. At such time, the revised and final plan shall be submitted
to the BZA for approval. It shall be reviewed as part of a public
hearing process, under the same procedures as the original application.
Any guarantees, bonding or insurance requirements as determined by
the County shall apply to the use.
n.
The reclamation plan shall include a schedule of the beginning,
duration and completion of the reclamation effort. This schedule may
also be revised as part of the submittal of a final reclamation plan.
o.
The BZA, if it deems necessary, may impose a requirement for
a bond to be provided by the applicant to assure the completion of
the reclamation effort.
p.
All areas quarried or mined shall not endanger the structural
support of abutting or adjoining properties. A minimum setback of
one hundred (100) horizontal feet from any road, utility, private
or public right-of-way, measured on the surface, and on a horizontal
line from the use to the vertical extension of the right-of-way line
must be maintained free of any quarrying or mining activity, either
surface or subsurface.
q.
No building, equipment, quarry products or other materials shall
be erected or stored within one hundred (100) feet of any property
or roadway right-of-way line. All equipment and packaging materials
shall be stored in a designated area and provided with visual screening
acceptable to the County.
r.
Along all property lines which separate this use from residential
property, screening shall be provided in the form of earthen berms
or trees of adequate height and spacing to provide visual barriers
against viewing the operations of the use.
s.
The proposed operation shall not contribute to soil erosion
by water, wind, or vibration, nor shall it adversely affect soil fertility,
drainage and lateral support of any abutting land.
t.
The slope of material in any excavation shall not exceed the
normal angle of repose or forty-five degrees (45°), whichever
is less.
u.
The BZA may require a bond or other method of financial assurance
acceptable to the County in the amount that will guarantee the reclamation
of the site within a period of time to be specified and approved by
the BZA. Such surety shall be properly executed prior to any grading
or construction, and shall be released in segments upon written approval
of the County.
v.
A copy of the annual survey of mining operations, as required to
be filed by State law with the State, shall also be filed with the
Board of Zoning
11.
Toxic Product Industries.
a.
Uses involving the storage, processing, manufacturing or destruction
of toxic substances, including and not limited to chemicals, tires,
fuels, animal waste, pharmaceuticals and radioactive materials, shall
be required to provide documentation as required by the Planning Board
or BZA fully describing:
(1)
An operational plan of how the products will be
stored, processed, manufactured or destroyed on the premises has been
submitted. Such plan shall be demonstrated to be acceptable to all
agencies and departments of government who have regulatory authority
over such products or processes prior to issuance of the Special Use
Permit.
(2)
An operational plan for protection of the public,
surrounding environment and subsurface environment from any accidental
or unexpected release or distribution of products that are part of
the operations of the proposed use. Such plan shall be demonstrated
to be acceptable to all agencies and departments of government who
have regulatory authority over such products or processes prior to
issuance of the Special Use Permit.
(3)
The types, description and manufacturer's safety
data information for each of hazardous products to be present on the
site at any point in time.
(4)
An operational plan to correct any and all harm
to the public welfare, surrounding environment or subsurface environment
arising from any aspect of the special use on the property, as determined
by the County.
(5)
Evidence of any bonding or insurance required by
other authorities, regulatory bodies, the Planning Board or the BZA
regarding the special use. All bonding and insurance will be in place
and active prior to issuance of the permit.
12.
Wind Energy Conversion Systems (WECS).
a.
Wind energy generating systems, as a use of land, are allowed
by issuance of a Special Use Permit to ensure a regulatory means of
facilitating wind energy development. WECS are considered as two (2)
types; individual, single unit systems and multi-unit systems.
b.
Individual systems are erected on an owner-occupied parcel and
limited to private use of the power generated.
c.
Multi-Unit systems are comprised of multiple generating units
and include arrangements for the sale of power generated to a third
party.
(1)
SUP are required for a WECS-related building for
primary use; or for any land use change where over fifty percent (50%)
of a WECS structure or building, in value or bulk, is being altered.
(2)
The applicant must obtain a Power Purchase Agreement
(PPA) for the electricity to be generated by the WECS and documentation
confirming the agreement as part of the application.
(3)
The formal PPA must be obtained within two (2)
years of the date of the application. In the event the applicant does
not obtain a PPA within the twenty-four (24) month time span, the
SUP shall be null and void.
(4)
Documentation is required to describe the existing
environment, including flora and fauna species, threatened species
(officially listed), critical habitat and habitat conditions for such
flora and fauna, migratory species and their critical habitat and
habitat conditions for such species.
(5)
Documentation identifying all State, County and
Township roads that will be used for the WECS. Transportation routes
used for construction shall be indicated. The applicant shall be held
liable for any damage to roads or rights-of-way resulting from tower
construction, deconstruction, and/or maintenance activity. The County
may require bonding to assure repair of damages.
(6)
Turbine access roads shall be kept to a minimum
and be designed so as to not interfere with other land uses and farming.
(7)
Turbines shall be located at a distance from other
structures a minimum of the height of the tower plus fifty (50) feet.
(8)
Lowest point of the rotor blades shall be at least
one hundred (100) feet above ground level at the base of the tower.
(9)
Structures shall be designed by a structural engineer
licensed to practice in the State. He/she shall conduct all necessary
inspections on each turbine during the construction period, and inspections
shall include, but not be limited to, foundation, structural assembly,
mechanical, and electrical systems. Documentation regarding each approved
inspection shall be submitted to the Zoning Officer.
(10)
Structures for wind turbines shall be self-supporting
tubular towers painted a neutral color such as a white or pale gray.
No lattice structure shall be used. No logos or advertisements are
allowed on these structures. Each turbine shall be marked with a visible
identification number located no higher than fifteen (15) feet above
ground level.
(11)
Communication and power utilities are to be installed
underground in the area included in the SUP, in easements indicated
on a site utility construction plan. Said easements are to be located
under or at the edge of turbine access roads. Aboveground transmission
lines may be used only in public rights-of-way or easements.
(12)
There shall be no lights on the towers other than
those required by the Federal Aviation Administration (FAA), which
shall be white during the day and red at night. This restriction shall
not apply to infrared heating devices used to protect the wind monitoring
equipment.
(13)
Lighting directed onto any public right-of-way
or adjacent property shall not be greater than one (1) foot-candle
so as to cause glare onto any vehicle roadway, or cause light trespass
onto any adjacent property. Lighting sources of all kinds shall be
adequately shielded and positioned to avoid glare or direct visibility
of the light source from adjoining property.
(14)
Landscaping shall be required, such as planting
trees, to mitigate specific adverse visual impacts like reflections,
shadow flicker, and blade glint affecting other uses immediately adjacent
to the project area.
(15)
Noise generated by the WECS shall not exceed fifty-five
(55) decibels at all times measured at the property line, or other
noise standards that may be promulgated by Cass County, whichever
is most restrictive. Turbines shall be moved, or modified, or removed
(and decommissioned) from service if necessary to comply with this
condition.
(16)
Electromagnetic interference with microwave, television,
radio, telecommunications or navigation, as defined by Federal Communications
Commission (FCC) regulations or other law is not allowed.
(17)
Hazardous materials contained in lubricants or
equipment must be located on the premises in connection with the WECS,
used and transported in accordance with all State and Federal regulations
governing those materials.
(18)
Within twenty four (24) months of the termination
of the use or lost of any State, Federal or County permitting, equipment
shall be removed from the site and the foundations shall be removed
to a depth of four (4) feet below the ground surface. Access roads
shall be removed to the landowner's satisfaction, and the ground shall
be reseeded in native grasses. The requirement to remove access roads
shall not apply to roads in existence before the WECS application
was filed. The landowner may choose to have access roads left intact.
(19)
If the SUP is to be transferred from the Operator
to a different party, said transfer must be approved in writing in
advance by the County and may require transfer of the surety bond
and other requirements of the SUP.
(20)
The County may adjust the standards for renewal
future projects based on the results of monitoring of avian collisions;
the success or failure of remedial actions required in the decommissioning
process; and with the changing technology in wind generated electricity.
