City of Willard, MO Article VI Supplemental Use Regulations

Section 400.520 Accessory Uses and Structures.

[Ord. No. 020227 §1(6.1), 2-27-2002; Ord. No. 021111 §1, 11-11-2002; Ord. No. 071210 §§1 — 2, 12-27-2007; Ord. No. 111219C §1, 12-19-2011]

A. Purpose. This Section provides for the regulation of accessory uses and structures and lists those common accessory uses and structures that are specifically permitted.

B. Permitted Accessory Uses And Structures. Any use or structure that complies with the definition in Section 400.120 may be allowed as an accessory use or structure.

1. Accessory uses and structures include, but are not limited to, the following list of examples:

a. Structures for parking (i.e., garages or carports), incidental to a permitted use.

[Ord. No. 130610F §1, 6-10-2013]

b. Structures for storage incidental to a permitted use.

[Ord. No. 130610F §1, 6-10-2013]

c. Children's playhouses.

d. Private swimming pools and bathhouses.

e. A guest house, without kitchen facilities, or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units or for permanent occupancy as housekeeping units.

f. Greenhouses.

g. Satellite dish antennas.

h. Barbecue pits.

i. Storage of boats, boat trailers, camping trailers, small house trailers and recreational vehicles owned and used by the property owner, provided the equipment is not used for living, sleeping or housekeeping purposes when parked or stored.

j. Home occupations as permitted in Section 400.540(B).

k. Restaurants, drugstores, gift shops, cocktail lounges, newsstands and other similar uses located in a permitted motel, hotel or office building.

l. Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

m. Central laundry and washroom facilities, clubhouse, manufactured home park office and maintenance buildings when located in a manufactured home park.

n. A day care center located in a permitted business or manufacturing building providing day care for children of persons employed on the premises.

o. A day care center, hourly care center or preschool located on the same lot as a church or school.

p. Keeping or raising of six (6) or less chicken hens.

(1) The maximum number of chickens allowed is six (6) per tract of land regardless of how many dwelling units are on the tract.

(2) Only female chickens shall be allowed. There shall be no restriction on chicken breeds.

(3) It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.

(4) Slaughter may occur for personal use provided that it is conducted in a sanitary manner, does not generate noise that creates a nuisance, and is not visible from adjacent properties or any public area or right-of-way.

(5) Chickens shall be kept in a secured enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.

(6) Enclosures shall be kept in a clean, dry, odor-free, neat, and sanitary condition at all times.

(7) Henhouses, chicken tractors and chicken pens shall provide adequate ventilation and adequate sun and shade and shall be impermeable to rodents, wild birds, and predators, including dogs and cats.

(8) Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.

(a) A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors shall be able to be shut and locked at night. Openings, windows, and vents shall be covered with predator- and bird-proof wire of less than one (1) inch openings.

(b) Henhouses, chicken tractors, and chicken pens shall only be located to the defined rear of the property as required by the Zoning Code.

(c) Henhouses, chicken tractors, and chicken pens shall meet zoning setback requirements for accessory structures and be located at least twenty-five (25) feet from any adjacent residential dwelling, church, school, or place of business.

(9) Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen shall be covered with wire, aviary netting or solid roofing.

(10) Odors from chickens, chicken manure, or other chicken-related substances shall not be detectable at the property boundaries.

(11) All uses shall operate in accordance with the noise standards contained in Section 400.1530 of the land development regulations.

(12) The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by an Animal Control Officer.

(13) The chicken owner shall provide chickens access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds, and predators.

(14) The chicken owner shall provide for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen, and surrounding area shall be kept free from trash and accumulated droppings.

(15) No dog or cat which kills a chicken shall, for that reason alone, be considered a dangerous or aggressive animal.

(16) It shall be unlawful for any person to keep chickens in violation of any provision of this Article.

(17) It shall be unlawful for any owner, renter, or leaseholder of property to allow chickens to be kept on the property in violation of the provisions of this Article.

(18) Any violation of this Section that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under Chapter 215.

(19) Each day that a violation of this Article continues is a separate offense.

(20) All other applicable City codes shall apply.

2. None of the following shall be permitted as an accessory use:

a. Outdoor storage or overnight parking in a residence district of a commercial truck, van, bus or other vehicle with a gross volume weight of more than one (1) ton. Church and school buses are permitted provided they are parked on church or school property.

b. Outdoor storage, except as specifically permitted by the zoning district regulations.

c. Modular homes, manufactured or mobile homes or house trailers used as storage, workshops or accessory buildings. The conversion of such dwelling units or vehicles to a purpose other than for which it is manufactured is prohibited.

d. Living quarters in any zoning district other than a residential district unless specifically permitted.

C. Use Limitations. All accessory uses and structures shall comply with the limitations applicable in the zoning district in which they are located. No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of construction of the principal structure to which it is accessory.

D. Bulk And Setback Regulations. All accessory structures and uses shall comply with the bulk and setback regulations applicable in the zoning district in which they are located and with the following additional regulations:

1. Accessory structures or uses shall be located not less than forty (40) feet in back of the front building line for the principal structure. This provision shall not apply to fences.

2. Accessory structures or uses shall be set back at least ten (10) feet from the rear lot line.

3. Accessory structures or uses shall be set back at least seven (7) feet from the side yard lot line, except on a corner lot. When the principal use or structure is on a corner lot, the accessory structure or use shall be set back from the side yard lot line adjacent to the side street such a distance so that the same shall not be closer to the side street than one-half (1/2) the lot width on which the principal structure is located.

4. Accessory structures to a residence on a single property shall not singularly or in total exceed the following structure sizes listed for the main floor level:

[Ord. No. 130610F §1, 6-10-2013]

	GRADUATED INCREASE IN ACCESSORY STRUCTURE SIZE
	Lot Size (square feet)	Structure Size (square feet)
	0 to 7,000	500
	7,001 to 9,000	780
	9,001 to 12,000	950
	12,001 to 21,780	1,080
	21,781 to 43,560	2,000
	46,561 to 65,340	2,500
	65,341 to 87,120	3,000
	87,121 to 108,900	3,500
	108,901 to 217,800	4,500
	217,801 or more	6,000
	For each 5 acres of property

5. The maximum number of accessory buildings will not exceed four (4) on any one lot.

[Ord. No. 130610F §1, 6-10-2013]

6. No accessory use or structure shall be permitted in any required front yard.

[Ord. No. 130610F §1, 6-10-2013]

Section 400.530 Temporary Uses.

[Ord. No. 020227 §1(6.2), 2-27-2002; Ord. No. 021111 §1, 11-11-2002; Ord. No. 040913 §1, 9-13-2004]

A. Purpose. This Section provides for the regulation of land uses or structures which are in place or needed for only a short period of time. Also provided for are regulations governing temporary vendors.

B. Temporary Use Permits Required. Unless otherwise exempted in the following Subsections, all temporary uses and temporary vendors are required to obtain a temporary use permit from the City. The applicant shall submit such information as may be required in the following Subsections for issuance of a temporary use permit. Any violation of the conditions or plans required for issuance of the temporary use permit shall be grounds for immediate revocation of the permit granted under this Section.

C. Temporary Uses Permitted.

1. In any zoning district. The following uses of land are permitted in every zoning district subject to the specific regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:

a. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only for the duration of the project.

b. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.

c. Fundraising activities and events, such as craft sales, bazaars and Christmas tree sales, for non-profit organizations such as churches, libraries and schools in the districts where the non-profit organization use is permitted, provided that no more than six (6) such events per calendar year shall be permitted and each event shall not exceed a period of five (5) consecutive days. Christmas tree sales shall be permitted for a period not to exceed forty-five (45) days. A temporary use permit is not required.

d. Garage or yard sales, provided that no more than two (2) sales per calendar year shall be permitted and each garage or yard sale shall not exceed a period of three (3) consecutive days. A temporary use permit is not required.

e. Festivals sponsored by government, community or neighborhood associations and organizations, subject to the following limitations:

(1) When the property where the festival is to be held adjoins a residential district, only one (1) such festival per calendar year shall be permitted. The event shall not exceed a period of three (3) consecutive days exclusive of reasonable time to prepare the site for the event and to clean up and restore the site after the event.

(2) When none of the property where the festival is to be held adjoins a residential district, one (1) such festival per six (6) month period shall be permitted. The event shall not exceed a period of five (5) consecutive days exclusive of a reasonable time to prepare the site for the event and to clean up and restore the site after the event.

(3) Activities related to the festival shall be limited to the hours between 7:00 A.M. to 11:00 P.M.

(4) Activities, lighting, noise or traffic associated with a festival shall not unreasonably disturb surrounding residential properties not directly abutting the site.

(5) The festival sponsor shall provide the City with a plan for security, traffic control and parking and adequate evidence that said plan will be carried out at the expense of the sponsor.

(6) The festival sponsor shall provide the City with a plan for ensuring that there will be no adverse environmental impact on surrounding properties during the festival operations. Such plan shall include provisions for noise abatement, sanitary needs and litter and trash controls. All cleanup and waste disposal shall be at the expense of the sponsor.

f. Temporary wireless facilities towers for special events, provided the temporary tower does not exceed sixty (60) feet in height and a permit shall not be issued for a time exceeding two (2) days preceding and following the special event. Temporary towers may also be located on the same site as an approved permanent tower during the period that the permanent tower is being constructed.

2. In "R-1" and "R-2" Residence Districts. Seasonal sale of farm produce grown on the premises, to continue for not more than four (4) months per year. Structures incidental to such sale need not comply with the applicable front yard setback requirements, provided that such structures shall either be removed or moved back of the required front yard setback at the end of the season during which they are used. A temporary use permit is not required.

3. In the "C-1", "C-2", "M-1" and "M-2" Districts.

a. Christmas tree sales for a period not to exceed forty-five (45) days. Display of Christmas trees need not comply with the yard and setback requirements of this Chapter, provided that no tree shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets or any sight triangle required in the City of Willard Design Standards for Public Improvements, Article II. A temporary use permit is not required.

b. Retail business may display merchandise that is for sale within a building in the area immediately adjacent to the building subject to the following conditions. A temporary use permit is not required.

(1) No portion of the display shall be on publicly owned property unless the applicant first obtains approval from the City.

(2) No food or drink may be displayed outside the building except in accordance with the standards of the Greene County Department of Public Health and approval of the City.

(3) These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, appliances, plumbing, housewares, automobiles or other vehicles, trailers and equipment rental or other secondhand merchandise in those districts which do not otherwise permit such uses.

c. Temporary promotional activities of retail merchants involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than two (2) consecutive weeks in any three (3) month period.

(1) Temporary promotional uses shall not occupy more than ten percent (10%) of any paved parking area.

(2) No permit for a temporary promotional use shall be granted where the promotional activities, lighting, noise or increased traffic associated with the temporary use will unreasonably disturb adjacent residential properties.

(3) (Reserved)[1]

[1] Editor’s Note: Former Subsection (C)(3)(c)(3), which limited the number of temporary promotional use permits on the same property during any six-month period to two (2), was repealed 6-10-2013 by Ord. No. 130610D §2.

d. Temporary outdoor seasonal sale of garden plants, fruits and vegetables and incidental supplies. Such uses shall not exceed a period of six (6) months in one (1) calendar year, including time to erect and dismantle any temporary greenhouse or stand.

D. Temporary Vendors.

1. Temporary vendors permitted. Temporary vendors are permitted only in the "C-1", "C-2", "M-1" and "M-2" Districts and shall conform to all applicable regulations of the district and the following:

a. A temporary vendor shall be limited to six (6) months' occupation on the same property within a calendar year, including time taken to erect and remove all necessary temporary structures.

b. (Reserved)[2]

[2] Editor’s Note: Former Subsection (D)(1)(b), which limited the number of temporary vendor use permits on the same property during any six-month period to two (2), was repealed 6-10-2013 by Ord. No. 130610D §2.

2. Temporary vendor permit application. The following information is required to obtain a permit for each temporary vendor site:

a. Legal description of the site.

b. Plot plan showing the proposed location of the temporary vendor site on the lot or tract. The plot plan shall show required setbacks, indicating that the temporary vendor does not encroach into the required setbacks or sight triangles.

c. Description of use or activity to be conducted by the temporary vendor on the site.

d. Written verification from the property owner indicating the temporary vendor is authorized to use the site for the stated purpose.

e. The following information is required to erect a temporary structure on an existing parking lot (excluding vehicles or trailers on wheels with a license to operate on roadways):

(1) Written permission from the property owner to authorize erection of a temporary structure on the site.

(2) The plot plan shall show the location of the temporary structure, indicating the temporary structure does not encroach upon required setbacks.

(3) Written verification the temporary structure conforms to the requirements of the City's Building Code.

3. Business license required. A temporary vendor shall not occupy a temporary vendor site or engage in the business of selling merchandise within the City of Willard without first obtaining a business license from the City of Willard. A business license may be issued to a temporary vendor for a specific vendor site for the period of time approval has been granted for the vendor site. A copy of this license must be on display, in full view of the public, on the approved site. No property owner shall allow any temporary vendor to occupy any part of his/her premises without approval being granted by the City of Willard for the actual location of the temporary vendor business and a City business license being issued and in effect for the temporary vendor.

Section 400.540 Home Occupations.

[Ord. No. 020227 §1(6.3), 2-27-2002]

A. Authorization. Any home occupation that is incidental to the principal use of a building as a dwelling unit shall be permitted in any dwelling unit, subject to the provisions of this Section.

B. Home Occupations Permitted. Home occupations include, but are not limited to, the following:

1. Dressmakers, seamstresses, tailors.

2. Artists, sculptors, photographers, authors and composers.

3. Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, accountants, ministers, priests, rabbis, sales representatives, manufacturers' representatives, home builders, home repair contractors, trash haulers and similar occupations, provided that no retailing and wholesaling of goods and materials are conducted on the premises.

4. Music and art teachers or other tutoring services.

5. Computer programming and data processing.

6. Mail order and Internet order, not including retail sales from the site.

7. Telephone answering or similar telecommunication services.

8. Washing and ironing.

9. Home crafts, such as model making, weaving, woodworking, ceramics and similar activities, provided that no machinery or equipment shall be used other than that which would customarily be found in the home, including machinery and equipment that would ordinarily be used in connection with a hobby or avocation not conducted for gain or profit.

10. "Work at home" activities where employees of a business, located at another site, perform work for the business in their own residences, provided all physical contact between the employee and the business occurs at the place of business, other than the initial installation of any equipment or other work facilities in the employee's residence. The work activities of the employee shall conform to all other requirements of this Section.

C. Use Limitations. In addition to all limitations applicable to the zoning district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

1. The home occupation shall be conducted entirely within the principal residential structure or in a permitted accessory building.

2. No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.

3. There shall be no outdoor storage of materials or equipment used in the home occupation.

4. No more than twenty-five percent (25%) of the gross floor area of the primary residential dwelling may be used for a home occupation.

5. No stock in trade shall be displayed or sold on the premises.

6. No manufacturing or processing of any sort shall be done, except as permitted in Subsection (C).

7. No stock in trade, except articles produced by members of the family residing on the premises, shall be stored on the premises.

8. No sign shall advertise the presence or conduct of the home occupation.

9. No person other than an immediate member of the family, related by blood, marriage, adoption or custodial relationship occupying the dwelling shall be employed in the home occupation.

10. No mechanical or electrical equipment other than normal domestic or household equipment shall be used.

11. The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery services or private vehicles with a gross vehicle weight rating of ten thousand (10,000) pounds or less.

12. No vehicles shall be parked and no equipment or materials shall be stored on the premises for trash haulers, home builders, home repair contractors and similar occupations.

13. The home occupation shall not produce offensive noise, vibration, illumination, smoke, electrical interference, dust, odors or heat. Any such condition detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a duplex or multi-family structure, shall constitute a violation of this Section.

14. A business license shall be obtained, if required by other City ordinances.

D. Particular Home Occupations Prohibited. Permitted home occupations shall not include the following types of activities and uses:

1. Animal hospitals, stables or kennels.

2. Auto repairing and painting.

3. Barber and beauty shops, unless specifically permitted by the zoning district regulations.

4. Boarding and lodging houses, unless specifically permitted by the zoning district regulations.

5. Dancing schools and studios.

6. Funeral homes or mortuaries.

7. Furniture repairing and refinishing.

8. Medical offices for doctors, dentists or veterinarians.

9. Nursery schools, day care homes and day care centers, unless specifically permitted by the zoning district regulations.

10. Palm reading or fortunetelling.

11. Photofinishing.

12. Portrait studios.

13. Preparation of food for sale.

14. Radio and television repair shops.

15. Raising animals for sale.

16. Restaurants.

17. Shops for contractors and tradesmen, such as electricians, plumbers and carpenters.

18. Sign painting.

Section 400.550 Exceptions To Height Regulations.

[Ord. No. 020227 §1(6.4), 2-27-2002]

A. The following structures are not subject to the height limitations in this Chapter:

1. When they are an integral part of a building. Elevator machinery, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers (excluding radio, television and telecommunications towers), steeples, flagpoles, silos, chimneys and smokestacks. No space above the height limit shall be used to provide additional floor space for the use being conducted on the premises.

2. When they are a separate structure. Water standpipes, water ground storage tanks or similar structures.

3. The exception to height regulations in this Section shall not apply to any structure located within the Airport District as defined in Section 400.380(C).

Section 400.560 Supplemental Yard and Open Space Regulations.

[Ord. No. 020227 §1(6.5), 2-27-2002]

A. Front Yard Regulations. All property shall have a front yard of not less than prescribed in Article V, Zoning District Regulations, except that the following provisions shall apply:

1. Where the front yard setback of existing buildings on platted lots of record fronting the same street is less than the required front yard specified in this Chapter, any building or structure hereafter erected or structurally altered or enlarged shall conform to the following:

a. On interior lots, where the frontage is located between two (2) intersecting streets, the front yard setback line shall be at least the average setback of the two (2) adjacent developed lots fronting the same street.

b. On interior lots, where the frontage is located between two (2) intersecting streets and only one (1) adjacent lot is developed, the setback line shall be at least the average between the setback of the existing building and the minimum required front yard setback on the vacant lot.

c. On corner lots, where the frontage is located at the intersection of two (2) streets and the zoning district requires a setback, the front yard setback line shall be the average of the adjacent existing building setback and the required minimum setback fronting the same street. However, no structure shall be located in an area formed by a triangle measured twenty-five (25) feet along the right-of-way lines from the intersection of adjacent street right-of-way lines.

2. Where property on one (1) side of the street between two (2) intersecting streets is located in a non-residential district adjacent to a residential district, the front yard setback required in the residential district shall also apply to the non-residential district. This requirement shall apply only to the first one hundred (100) linear feet of frontage zoned non-residential. No parking shall be permitted within the required front yard setback.

3. On cul-de-sacs, the front yard setback line shall be located on the lot so that it is parallel to a line drawn tangent to the cul-de-sac right-of-way line at the center of the lot frontage. The front yard setback line shall be located at a distance from the cul-de-sac right-of-way line where the length of the front yard setback line is equal to the minimum lot width required in the zoning district and the resulting front yard setback is at least equal to the minimum required in the zoning district.

B. Yards Open. Except as otherwise specified in this Chapter, required yards shall be open and unobstructed to the sky.

C. Exceptions To Yard Regulations. The following exceptions shall be permitted to yard and area regulations:

1. Peculiar shape of yard. Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, such regulations may be modified or determined by the Board of Adjustment as provided in Article III, Section 400.190.

2. Variations from major street plan. Where the Board of Aldermen has adopted right-of-way of greater or lesser width from those established by the City's major street plan, the right-of-way established by the Board of Aldermen shall apply. Such right-of-way width shall be used in determining yard requirements.

3. Modification of lot width. Where an odd-shaped lot has more than the required area for its particular zoning district, the width of such lot may be computed in the most buildable portion having minimum area requirements, provided that it complies with all bulk and open space requirements for the zoning district.

4. Parking area in rear yard. A parking area may occupy a required rear yard or any part thereof, if in conformance with Article IX, Parking and Loading Area Requirements.

5. Loading space in rear yard. A loading space may occupy a required rear yard or any part thereof, if in conformance with Article IX, Parking and Loading Area Requirements.

D. Permitted Projections In Required Yards. The following projections shall be allowed in a required yard and shall not be considered an obstruction, subject to the restrictions specified:

1. In all yards.

a. Cornices, eaves, gutters, belt courses, sills, awnings, canopies or other similar architectural features shall not extend or project into a required side yard more than two (2) feet and shall not extend or project into a required front yard or rear yard more than three (3) feet.

b. Open, unenclosed fire escapes shall not extend or project into any front, side or rear yard more than three and one-half (3½) feet.

c. Open, unenclosed stairways or balconies, not covered by a roof or canopy, shall not extend or project into a required rear yard more than three (3) feet and such balconies shall not extend or project into a required front yard more than three (3) feet.

d. Enclosing open porches, steps, platforms, carports or landing places and outside open stairways which extend into minimum required yards is prohibited.

e. A retaining wall or solid masonry wall up to two and one-half (2½) feet high shall be permitted in any required yard.

f. Fences or hedges in the front yard shall comply with the requirements of Subsection (E).

g. Open porches, platforms, landing places and carports that do not extend above the first (1st) floor of the structure shall not project more than ten (10) feet into any yard, provided and said projection shall be at least ten (10) feet from the rear or front lot line, three (3) feet from the side lot line on interior lots and five (5) feet from the side lot line adjacent to the street on corner lots.

h. Chimneys may project no more than two (2) feet into any yard, provided that such projection does not reduce the width of the side yard to less than three (3) feet.

i. Trellises, arbors and statuary.

j. Flagpoles.

k. Signs pertaining to the sale, lease or rental of the premises on which they are located, when permitted by the provisions of Article X, Signs.

l. Filling station pumps provided that they are not less than fifteen (15) feet from all lot lines.

2. In any yard except a front yard.

a. Recreational equipment and clotheslines.

b. A child's playhouse or a storage building not exceeding one hundred (100) square feet in gross floor area and ten (10) feet in height.

c. Fences not exceeding seven (7) feet in height, subject to the provisions of Subsection (E)(2).

E. Vision Clearance Requirements.

1. Front yards.

a. No obstructions in front yards. On any lot which a front yard is required by this Chapter, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or object of any kind shall be maintained in such location within such required front yard so as to obstruct the view, except as permitted by this Subsection.

b. Fences in front yards.

(1) Open fences not exceeding fifteen percent (15%) screening or less than eighty-five percent (85%) open voids and three and one-half (3½) feet in height above grade shall not be deemed to obstruct the view.

(2) The square footage of the open voids shall be measured by taking the total square footage of the area defined by the length of the fence and a height of three and one-half (3½) feet above yard grade and subtracting the total square footage of screening within the fence. The percent of open voids shall then be derived by dividing the total square footage of the open voids by the total square footage of the area calculated above and multiplying this figure by one hundred (100). The fence's framing, defined as the vertical posts supporting the fence from the ground and no more than two (2) horizontal crossbars between the posts, shall not be included in the calculation of the total square footage of screening, provided the framing posts and crossbars do not exceed a four (4) inch width and the posts are spaced at least eight (8) feet apart. If the fencing is placed between brick or stone pillars, these pillars shall be included in the calculation of the total square footage of screening.

(3) Questions on yard grade shall be resolved by the City's Public Works Director.

2. Sight triangles. Unless otherwise permitted by this Chapter, no wall, fence, other structure, hedge, tree, shrub, other vegetation or landscaping materials over two (2) feet in height shall be placed within the sight triangle formed by the intersection of two (2) public streets, as defined in Section 400.930(A), or within the sight triangle formed by the intersection of a public street and a driveway as defined in Section 400.930(B). However, a single tree having a single trunk shall be allowed in a sight triangle, provided the tree is pruned to a height of seven (7) feet above the yard grade.

3. When front yard not required. On any lot on which a front yard is not required by this Chapter, no wall, fence, other structure, hedge, tree, shrub, other vegetation or landscaping materials over two (2) feet or under seven (7) feet in height above the lowest grade of two (2) or more intersecting streets shall be placed within the street intersection sight triangle, the two (2) sides of which are defined by measuring twice the pavement width of each intersecting street, as classified in the City's major street plan, along its centerline from the center of the intersection.

F. Yard Requirements For Open Land. If a lot is or will be occupied by a permitted use without buildings or structures, then the minimum front, side and rear yards that would otherwise be required for such lot shall be provided and maintained unless other provision of this Chapter requires or permits a different minimum front, side or rear yard. Front, side and rear yards shall not be required on lots used for garden purposes without structures or on lots used for open public recreation areas.

Section 400.570 Animals.

[Ord. No. 020227 §1(6.6), 2-27-2002; Ord. No. 111219C §2, 12-19-2011]

A. Household Pets. Animals which are normally and customarily kept as household pets, as defined in Article II, are allowed in any zoning district. Provided however, that no retail or wholesale business will be conducted in conjunction with the keeping of such household pets in any district higher than the "C-2" Commercial District.

B. Farm Animals. Farm animals may be kept in the "A-1" Agricultural District, "AP" Airport Zone and the "R-1" Residence District in conformance with the following requirements:

1. Farm animals may be kept in fenced pasture on unplatted land in the "AP" and "R-1" Districts, provided that such pasture shall have at least two (2) acres per animal and provided that this pasture area requirement shall not apply to suckling offspring of a cow or mare.

2. Any covered enclosure erected or enlarged to feed or keep farm animals shall be located no less than two hundred (200) feet from the lot lines of any existing residences on adjacent properties or any adjacent platted subdivision.

3. In any "R-1" District, farm animals shall not be permitted on any tract, parcel or lot less than ten (10) acres.

For purposes of determining the total acreage of the parcel, the acreage number will be rounded up to the next whole acre as is stated in the recorded plat of said parcel. [Ord. No. 130610D §6, 6-10-2013]

Exemptions: The following use is exempt from this Subsection provided such use is in compliance with other City codes and State and Federal laws:

a. The keeping or raising of six (6) or less chicken hens as an accessory use.

4. In determining the number of farm animals permitted on any tract or lot, the area containing a residence, any accessory structures to the residence used by the occupants and any required yard shall not be included in the calculation of pasture area required.

5. Nothing in this Subsection shall be construed to permit the location of a confined animal feeding facility or feedlot within the City.

C. Other Animals. Any animal or fowl, other than what may be considered a household pet as defined in Article II, shall be regulated to the district in which such use is generally or specifically allowed.

D. Offensive Or Noxious Odors From Keeping Of Animals Or Fowl. No person shall keep or allow or permit to be kept on any premises occupied by him, or under his charge or control, any animal(s) or fowl, whether in a pen or other enclosure or not, under such conditions that an offensive or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any person residing within five hundred (500) feet of the premise on which the animal(s) or fowl are kept.

Section 400.580 Adult Entertainment.

[Ord. No. 020227 §1(6.7), 2-27-2002]

A. Purpose. The purpose of these regulations is to protect residential property values by restricting the location of adult entertainment businesses. National studies indicate that such businesses are perceived to have a negative impact on residential property values. Dispersion of adult businesses is required in order to avoid concentration of uses that have a negative impact on adjoining property values.

B. Location. An adult cabaret or adult media store may locate only as conditional uses in the "M-1" and "M-2" zoning districts. Such uses are prohibited within the area circumscribed by a circle that has a radius of five hundred (500) feet from any residential zoning district, school, park, church or public community center. No more than one (1) such use may locate within each one thousand (1,000) feet.

C. Distance Measured. The distance required in Subsection (B) shall be measured by following a straight line, without regard to intervening structures or objects, from the adult cabaret or adult media store to the nearest point of the parcel of property containing a school, park, church, public community center or a residential zoning district boundary line.

Section 400.590 (Reserved) [1]

[1] Editor’s Note: Former Section 400.590, Retail Liquor Sales Regulations, as adopted and amended by Ord. No. 020227 §1(6.8), 2-27-2002, was repealed 6-10-2013 by Ord. No. 130610D §3.

Section 400.600 Telecommunications Facilities.

[Ord. No. 020227 §1(6.9), 2-27-2002; Ord. No. 101228D §3, 12-28-2010]

A. Telecommunication Towers.

1. Federal jurisdiction. The Federal Communications Commission (FCC) has exclusive jurisdiction over:

a. The regulation of the environmental effects of radio frequency emissions from telecommunications facilities.

b. The regulation of radio signal interference among users of the radio frequency spectrum.

2. The presence of telecommunications towers, large enclosures, satellite dishes and other large unmovable objects other than standard wood utility poles on the rights-of-way, rather than on private utility easements or fee simple title interests, are a danger to the traveling public and an interference with the use and enjoyment of the rights-of-way by abutting landowners and members of the public.

3. Purposes. The general purpose of this Section is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Willard. More specifically, the purposes are:

a. To direct the location of towers and telecommunication facilities in the City;

b. To protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities;

c. To minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques;

d. To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

e. To avoid potential damage to adjacent properties caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed.

f. To the greatest extent feasible, ensure that towers and telecommunications facilities are compatible with surrounding land uses.

g. To the greatest extent feasible, ensure that proposed towers and telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.

h. To create a licensing process which allows the City to more efficiently administer this Section.

4. Applicability.

a. All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City, are subject to this Chapter. All towers within the City on August 23, 2001, or that are annexed at a later date shall be registered with the City Clerk within sixty (60) days from the effective date thereof, together with the height, width and location thereof and a registration fee of fifty dollars ($50.00). Failure to register an existing tower shall raise a presumption that said tower was not a legal non-conforming use on the date of passage of this Chapter. However, this Chapter shall not apply to tower structures used or to be used solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission or to towers and antennas used for private telecommunications services when the equipment is located on the premises of the entity using said private telecommunication service or the towers and antennas, support structure or masts are located on the primary business premises of a provider of communications services if used to monitor the provider's services and the equipment used by the broadcaster, private telecommunicator or provider is in compliance with any Federal, State or local laws and does not encroach on the public rights-of-way.

b. Except as provided in this Chapter any current legal use being made of an existing tower or antenna support structure on the effective date of this Chapter (herein "non-conforming structures") shall be allowed to continue, even if in conflict with the terms of this Chapter. Any tower site that has received City approval in the form of either a conditional use permit or building permit, but has not yet been constructed or located, shall be considered a non-conforming structure so long as such approval is current and not expired.

B. 

Definitions. For the purposes of this Section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory.

ACT

The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may, from time to time, be amended.

ANTENNA SUPPORT STRUCTURE

Any building or other structure other than a tower that can be used for location of wireless telecommunications facilities.

APPLICANT

Any person that applies for a tower license pursuant to this Chapter.

APPLICATION

The process by which an applicant submits a request and indicates a desire to be granted a license to construct, own or operate a tower within the City. An application includes all written documentation made by an applicant to the City concerning such a request.

CITY

The City of Willard, a municipal corporation, in the State of Missouri acting by and through its City's Officers.

COMMUNICATIONS OR TELECOMMUNICATIONS

The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols.

FCC

The Federal Communications Commission and any legally appointed, designated or elected agent or successor.

LICENSEE

Any person who has lawfully obtained a tower license pursuant to Subsection (E).

PERSON

Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not-for-profit.

SITE

The actual location of a tower and may be only part of a larger parcel or premises.

STEALTH

Any towers or telecommunications facilities that are designed to blend into the surrounding environment.

TELECOMMUNICATIONS FACILITIES

Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the wireless transmission or reception of wireless telecommunications as authorized by the FCC which a person seeks to locate or has installed upon a tower or antenna support structure. However, the term "telecommunications facilities" shall not include:

1. Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned and used for industrial or commercial purposes.

2. Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.

3. Any satellite earth station in excess of two (2) meters in diameter which is utilized for the reception of broadcast television, video or radio signals and which is an ancillary use to a structure on the premises of the holder of the broadcast license.

TOWER

A self-supporting lattice, guyed or monopole structure constructed from grade which supports wireless telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment as licensed by the FCC. The term "tower" does not include: utility poles that are utilized for the support of electrical, telephone, cable television or other similar cables and wires; are located on public rights-of-ways or easements for that purpose; and are a part of a system of such poles throughout the City of Willard, Missouri.

C. Permitted, Conditional And Accessory Uses.

1. Generally. The allowable use of towers and placement of telecommunications facilities as either permitted uses or conditional uses in the several zoning districts shall be as set forth herein and in Article V, Zoning District Regulations, except that no telecommunications towers shall be allowed on any right-of-way. Any utility facility, equipment or structure that is to be located above ground on the public right-of-way or private easement with a length or width in excess of forty-seven (47) inches must receive approval of the City. Multiple locations may be approved in one (1) application process.

2. Wireless facilities and telecommunications towers shall be of the following types:

	Types
	I	Wireless facilities and antennas mounted on buildings or other structures, including existing towers, public buildings and structures, school buildings and structures and churches.
	II	Cell towers of a stealth design that are not greater than sixty (60) feet in height, located on the same premises or parcel as public buildings and structures, school buildings and facilities, church buildings and non-commercial, not-for-profit residential neighborhood facilities and approved by ordinance.
	III	Cell towers of a monopole or stealth design that are less than one hundred (100) feet in height.
	IV	Cell towers of a monopole or stealth design that are more than one hundred (100) feet in height.
	V	Cell towers not of monopole or stealth design, one hundred (100) feet or taller and not able to collocate additional facilities.

In no event shall a licensee be required to allow collocation of facilities if to do so would result in technical interference with the delivery of licensee's service. Failure to permit collocation or joint use on a tower which has been built in accordance with setbacks and special conditions permitted for towers designed for collocation may result in any enforcement action as permitted in this Chapter.

3. Same tower type. A tower which is modified to accommodate the collocation of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval of the City if it is demonstrated that permitting a different tower type will not exceed the height permitted in Subsection (C)(2) and will permit the collocation of more carriers than could be accomplished by the modification of the same tower type as the existing tower.

4. Movement of tower. No towers shall be relocated without going through the appropriate permitting and licensing procedure.

5. Appeal process. Any applicant who is denied a tower application or who is determined by the City to be in violation of this Section shall have the right of a hearing before an administrative hearing examiner appointed by the Mayor and mutually agreeable to the applicant or tower owner. The hearing examiner shall set the hearing date no later than twenty (20) days following the denial of an application or the determination of a violation and shall consider, in addition to a determination of whether or not a violation exists or the application was improperly denied, the question of the technical or economic feasibility of compliance with this Section. In the event the hearing examiner finds that the tower was constructed in accordance with setback and other provisions relating to towers designed for collocation and said tower is not being made available for joint use or collocation as indicated at the time of application, the hearing examiner shall order utilities disconnected until such time as the tower is used jointly for collocation as originally stated in the application. The hearing examiner's final decision shall be subject to review pursuant to Chapter 536, RSMo. Any appeal under said Chapter shall be filed within thirty (30) days from the date of the hearing examiner's decision. Enforcement of the decision of the hearing examiner may be stayed by the posting of a supersedes bond in an amount determined by the hearing examiner to be sufficient under the facts of the case to protect the interests of the public and any third (3rd) party in the matter whose rights would be adversely affected by such a stay as demonstrated during any hearing on a request for said bond.

D. Construction Standards.

1. Setbacks.

a. All towers shall be set back a distance equal to:

(1) Fifty percent (50%) of the height of the tower up to one hundred (100) feet, plus one (1) foot for each foot over one hundred (100) feet in height;

(2) The distance between the tower base and guy wire anchors, whichever is greater, with the guy wire anchors set back at least twenty-five (25) feet from adjoining residential districts, public property or a street or at least the rear yard setback from adjoining land in other districts, unless the tower is designed for collocation.

(3) In the event a tower is capable of being used for collocation for at least two (2) additional carriers, the setbacks for structures in the zoning district where the tower is located shall be complied with for the tower base and any guy wire anchors.

b. Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located.

2. Structural requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the City's Building Code, any applicable State and Federal laws and other standards outlined in the City Code. A building permit must be obtained before construction may begin.

3. Separation or buffer requirements.

a. Towers shall be separated from the types of areas and comply with the minimum standards established in the table set forth below unless:

(1) Constructed on the same site as another tower designed for the same purpose,

(2) The second (2nd) tower is permitted by the zoning district, and

(3) The height of the second (2nd) tower does not exceed the height permitted in the zoning district where the tower is to be located.

Designated Area	Separation Distance
Single-family or duplex residential units in a residential district1	300 feet. If the tower2 is of a stealth design or is designed for collocation of an additional carrier, then the separation distance may be reduced to 100% of the height of the tower.
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	300 feet. If the tower2 is of a stealth design or is designed for collocation of an additional carrier, then the separation distance may be reduced to 100% of the height of the tower.
Vacant unplatted residentially zoned land and residential units in non-residential zoned districts1	200 feet or 100% of tower2, whichever is greater
Existing multi-family residential units greater than duplex units	100 feet or 100% height of tower, whichever is greater
Non-residentially zoned lands or non-residential uses	None; only setbacks apply
1 Includes modular homes and mobile homes used for living purposes. Separation from a unit for purposes of this table is to be measured from the edge of the building or structure itself. 2 Separation measured from the center of the tower to closest building setback line.

b. The minimum tower separation distances above listed shall be calculated and applied irrespective of City and County jurisdictional boundaries.

c. Measurement of tower separation distances for the purpose of compliance with this Section shall be measured from the center of a tower to the closest point of a designated area as specified in the table above set forth.

d. Separation distances from other uses set forth in this Subsection may be reduced for towers designed for the collocation of telecommunications facilities of other carriers by obtaining a conditional use permit which will require demonstrating that the separation distances will:

(1) Have the effect of preventing service to an area of the City;

(2) Constitute a barrier to entry into the marketplace by the applicant; or

(3) Will constitute a technical or economic hardship on the applicant.

Additionally the applicant must demonstrate that:

(a) The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located and that landscaping techniques will be used to screen the tower from any adjacent residential use; and

(b) The proposed tower will accommodate at least two (2) additional carriers of various telecommunications services.

The Board of Aldermen shall consider the information presented by the applicant and determine if a special exception would conflict with the purposes of this Section, would create a blight on adjacent property or interfere with adjacent uses within the separation area. If the tower requires a use permit, then said showing shall be made to the Planning and Zoning Commission and Board of Aldermen as a part of the conditional use permit process.

e. Proposed towers must meet the following minimum separation requirements from towers existing at the time a license is granted unless constructed for the purpose of providing collocation capacity on the same site as another tower designed for the same purpose, the second (2nd) tower is permitted by the zoning district and the height of the second (2nd) tower does not exceed the height permitted in the zoning district where the tower is to be located. However, an exception from separation distances between towers may be obtained from the Board of Aldermen if the applicant can demonstrate that such an exception is necessary for the engineering design of the system the tower is to be a part of or that no other option is available to provide coverage for the service area. An exception to the separation requirements shall be approved or denied by ordinance.

Proposed Tower Types	Existing Tower Types
	Lattice or guyed 150 feet in height or greater	Lattice or guyed less than 150 feet in height	Monopole towers 75 feet in height or greater	Monopole towers less than 75 feet in height
Lattice	3,000 feet	2,500 feet	1,500 feet	750 feet
Guyed	3,000 feet	2,500 feet	1,500 feet	750 feet
Monopole 75 feet in height or greater	1,500 feet	1,500 feet	1,500 feet	750 feet
Monopole less than 75 feet in height	750 feet	750 feet	750 feet	750 feet

For the purpose of this Subsection, the separation distances shall be measured by drawing or following a straight line between the center of the existing tower and the center of the proposed tower.

4. Method of determining tower height. The height of the tower shall be measured as follows: the vertical distance between the highest point of the tower and the natural grade below this point.

5. Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower dual mode lighting shall be requested from the FAA in cases where there are residential uses located within a distance from the proposed tower that is equal to three (3) times the proposed height of the tower.

6. Finished color and tower markings. Towers not requiring FAA painting or marking shall have either a galvanized steel finish or be painted an off-white, light gray, silver or white finish. No commercial signs or advertising shall be allowed on any towers or telecommunications facilities.

7. Fencing and screening. Fences must be constructed around or upon parcels containing towers, antenna support structures or telecommunications facilities and shall be constructed in accordance with this Article.

8. Buffer yard and landscape. All landscaping on parcels containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable buffer yard requirements in the zoning district where the tower, antenna support structure of telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. However, the City may require additional landscaping if to do so would make the tower, antenna support structure or telecommunications facility more reasonably compatible with the surrounding area. All vegetation used in the landscaping shall be located outside any fenced area.

9. Security. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities.

a. If high voltage is necessary for the operation of a tower or telecommunications facilities and it is presented in a ground grid or in the tower, warning signs shall be permanently attached to the exterior side of the perimeter fence and located every twenty (20) feet. The signs shall display in bold letters at least eight (8) inches high the following: "HIGH VOLTAGE: DANGER".

b. Identification tags or signs shall be posted on all communications towers and telecommunications facilities in accordance with FCC and OSHA requirements. The tags shall include the FCC tower registration number, the latitude and longitude of the tower and the name, address and telephone number of the tower owner. The identification tags shall be posted on the perimeter fence and shall be constructed of durable materials.

10. Access. All parcels upon which towers are located must provide adequate on-site parking. Traffic associated with the facility shall not adversely affect traffic on adjacent streets.

11. Interference with public safety radio services. In order to ensure that the City's public safety radio services will be free from objectionable technical interference, all applicants requesting a permit to site a tower or telecommunications facilities shall agree:

a. To demonstrate compliance with good engineering practices;

b. To provide the City a copy of all intermodulation studies submitted to the FCC;

c. Not to induce objectionable technical interference to the City's public safety radio services;

d. To comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements and any and all other Federal statutory and regulatory requirements relating to radio frequency interference (RFI);

e. In the case of co-location of telecommunications facilities either in the same location or on the same tower as the City's, to not cause or permit to be caused by its transmissions or other activities on the premises objectionable technical inference of any kind whatsoever to the broadcasting transmission, reception or electromagnetic communications of the City;

f. To pay for any studies requested by the City to determine if the applicant's telecommunications facilities are causing objectionable technical interference;

g. Upon notification by the City, if the operations of the applicant are causing objectionable technical interference, to immediately undertake all steps necessary to determine the cause of and eliminate such interference at the cost of the applicant. If said interference continues for a period in excess of forty-eight (48) hours after notice from the City, the City shall have the right to cause the applicant to cease operating the equipment that is causing the objectionable technical interference or to reduce the power sufficiently to mitigate the objectionable technical interference until the condition causing said interference has abated.

12. Certifications and inspections.

a. All towers shall be certified by a structural engineer to be structurally sound and in conformance with the requirements of the City Building Code and all other construction standards set forth by the City's Code and Federal and State law. For new monopole towers, such certification shall be submitted with an application pursuant to Section 400.600(E)(4) and every ten (10) years thereafter; for existing monopole towers or new lattice or guyed towers, such certification shall be submitted within sixty (60) days of the effective date of this Chapter and then every ten (10) years thereafter. The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is or has been jeopardized.

b. The City and its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the City's Building Code and all other construction standards provided by the City's Code and Federal and State law.

c. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the City shall be borne by the tower owner.

13. Maintenance.

a. Licensees shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

b. Licensees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, State and local regulations and in such manner that will not interfere with the use of other property.

c. All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition order and repair so that the same shall not menace or endanger the life or property of any person.

14. Drainage. All parcels upon which towers approved by the City are located must provide adequate measures to protect against drainage or stormwater runoff problems both on site and off site.

15. Stealth design. All licensees shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they are located, including the use of camouflage techniques, path array antennas and side-mounting antennas unless such use shall create a hazard for the traveling public or it is not technically feasible to use such design and collocate other facilities on the tower.

E. Licensing Requirement.

1. License required. No person may own or operate a tower or place wireless telecommunications facilities on a tower without first obtaining from the City a license to do so pursuant to this Section (herein referred to as "tower license" or "license"). This requirement applies both to new towers and to existing towers or non-conforming structures on the date of passage of this Chapter. Unless otherwise expressly provided elsewhere in this Section, the license required by this Section is in addition to all other applicable provisions of the zoning district and requirements for a building permit to construct the tower itself. A license may be denied if the applicant is not in compliance with any other provision of the Willard Land Development Regulations regarding the use or provision of towers, telecommunications services or public property, health or safety. The license required under this Section shall not be in lieu of a license to conduct business in the City of Willard, Missouri. Owners of existing towers and facilities on such towers shall have six (6) months from passage of this Section to obtain a license as required by this Subsection. A license shall be for a term of not more than five (5) years. A renewal must be made in compliance with this Section 400.600(E)(1) and an applicant must demonstrate an existing tower or telecommunications facilities are needed and reasonable alternatives will not meet their needs for continued service capability.

2. Applications for towers. In order to construct and operate a tower after August 23, 2001, a person must file the following applications:

a. License application. Prior to the construction of any tower, a license application and fee in the amount of two hundred dollars ($200.00) shall be submitted to the City Clerk. This is an initial license application fee and an additional fee shall be due from the applicant should the City's actual costs of approval of the license exceed the fee of two hundred dollars ($200.00). The City reserves the right to employ an outside consultant to review any application. The applicant shall submit a fee in the amount of the City's estimated expense related to such review as an additional application fee prior to the City incurring such expenses. All tower license applications shall include the following information and documentation:

(1) The name, address and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner and the name, address, telephone number of the owner shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provision of Subsection (H) regarding abandonment.

(2) An affirmative statement of whether or not the applicant will be developing the tower for its own use or for the use of others.

(a) If for applicant's use, the following is required:

(i) A description of the use.

(ii) A description of the network the proposed tower will be part of.

(iii) A description of the technological design proposed and description of alternatives.

(iv) Evidence of drive-by tests or other studies relating to the proposed tower which support location on the proposed property.

(v) Construction date or schedule.

(b) If the applicant is developing the proposed tower for the use of another, in addition to the information required in paragraph (1), the applicant will identify whether or not the intended tower use is based on a lease or other contract or for speculation. The City may require evidence of the schedule for implementing the use of a tower and commitments for its use.

(3) The legal description, parcel identification number and address of the parcel of land upon which the tower is to be situated.

(4) The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures which are capable of providing a location to construct the telecommunications facilities that are planned to be housed or located on the tower within a three thousand (3,000) foot radius of the proposed new tower site, including City-owned property.

(5) Written documentation that the applicant made diligent, but unsuccessful efforts for permission to install or collocate the applicant's telecommunications facilities on City-owned towers or useable antenna support structures or made diligent, but unsuccessful efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons.

(6) Written documentation containing the following information:

(a) Whether the applicant's telecommunications facilities are technically capable of being installed or collocated on another person's tower or useable antenna support structure.

(b) If the applicant asserts that its telecommunications facilities are economically or technically infeasible of being installed or collocated on another person's tower or useable antenna support structure, a written statement from the applicant setting forth in detail the reason(s) with regard to each person contacted, why such installation or collocation is technically or economically infeasible. "Technically infeasible", for the purpose of this Subsection, means that the collocation or installation of applicant's telecommunications facilities on another person's tower or useable antenna support structure would not comply with sound engineering principles, would materially degrade or unreasonably impair the tower or useable antenna support structure's current or planned use or interfere operationally with applicant's planned use. City may require additional evidence of collocation being technically infeasible if, in the opinion of the City, that additional information is necessary to determine that collocation is technically infeasible. "Economic infeasibility", for purposes of this Section, shall mean that the cost of collocation is not a reasonable business decision from an economic standpoint when all factors are considered.

(c) If the tower is designed to accommodate one (1) or more additional carriers or capacity for the location of telecommunications facilities other than that of the applicant and, if so, the application shall designate the nature, quality and location of the collocation that will be accommodated.

(d) An affidavit submitted with written technical evidence from a radio frequency engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another persons' tower or usable antenna support structure located within the search area and must be located at the proposed site in order to avoid prohibiting or effectively prohibiting the provision of personal wireless service by the applicant.

(e) Written technical evidence from a structural engineer that the proposed structure meets the standards set forth in this Section and the applicable requirements of the Building Code of the City.

(f) A certification submitted with written technical evidence from a qualified agent of the applicant that the proposed facilities meet the standards set forth in this Section and the applicable requirements of the Building Code.

(g) A certification submitted with written technical evidence from a qualified agent of the applicant that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.

(h) Written technical documentation of any Federal Aviation Administration (FAA) approvals and lighting requirements and, if applicable, documentation of approval or denial of dual mode lighting as provided in this Section and a statement whether an FAA "Determination of No Hazard to Aviation" is required by 47 C.F.R. Part 17 of the tower. If such a determination is required, no building permit for the tower shall be issued until a copy of the determination is filed with the City.

(7) A map of the City and the first (1st) one-half (½) mile of all bordering communities showing the design of the applicant's entire existing or proposed wireless telecommunications network. Such map shall, at minimum, indicate the exact location of all proposed or existing tower and antenna sites, their dimensions, specifications and signal area coverage.

(8) A site plan drawn to scale specifying the location of tower(s), its planned height, guy anchors (if any), transmission building(s), all telecommunications facilities, accessories, parking access plans, landscaping plans (specifying size, spacing and plant material proposed), fences and zoning designation of adjacent land.

(9) Two (2) alternative camouflaging techniques or stealth designs for the proposed tower and all associated telecommunications facilities if technically feasible and any explanation as to why the use of same would be technically or economically infeasible.

(10) Color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.

(11) The identity of all adjacent property owners.

(12) A bond or irrevocable letter of credit in an amount determined by the City to ensure that, should the tower be abandoned pursuant to this Section, removal of said tower will be guaranteed and to insure the tower and property are maintained.

(13) An applicant shall only be required to maintain one (1) maintenance bond pursuant to subparagraph (14) and one (1) removal bond pursuant to subparagraph (15) for all of the applicant's towers in the City; provided however, the applicant must maintain the initial level of such bonds if drawn upon by the City for any reason.

(14) Proof of general liability insurance for claims for injury or death and property damage in an amount approved by the City, but not less than three hundred thousand dollars ($300,000.00) per occurrence for personal injury and three hundred thousand dollars ($300,000.00) per occurrence for property damage with the City listed as an additional insured.

(15) A statement that the applicant has no outstanding and overdue debt to the City.

(16) An acknowledgment that, by signing a permit application, the applicant agrees to indemnify and hold harmless the City consistent with indemnification language in the application.

(17) The tower and/or landowner shall promptly notify the City by certified or registered mail of the sale, transfer or assignment of any tower or telecommunications facility. Each sublease shall be conditioned upon the sublease obtaining the necessary approvals for the subject facility or site from the City prior to siting such facility.

Within forty-five (45) days after a license application for a tower location is filed with the City Clerk, the Planning and Zoning Commission shall determine whether the applicant meets all the requirements of this Section and, accordingly, shall recommend approval or denial of the application. The forty-five (45) day limit may be extended should the City find it requires additional information or additional study and the applicant agrees to said continuance. The application shall be presented to the Board following Planning and Zoning Commission recommendation. If the application is approved, the City Clerk shall issue the license.

b. Conditional use permit application. If the zoning district in which the tower is proposed to be located requires a conditional use permit, a conditional use permit application and fee shall be submitted to the City.

No public hearing shall be held before the Commission and the Board of Aldermen until a complete application containing all required information has been filed. No permits shall be issued until the costs to the City of said review is paid by the applicant. The Board of Aldermen may grant conditional use permit for a tower upon the applicant's demonstration to the satisfaction of the City that:

(1) The tower is to be located on a premises or parcel where public buildings, facilities or structures, school buildings or facilities, church buildings or a non-commercial, not-for-profit residential neighborhood facilities are located; and

(2) The tower height will not exceed sixty (60) feet; and

(3) The stealth design blends into the surrounding area and the structures existing on the premises where the tower is to be located; and

(4) The site plan minimizes the impact of the presence of the tower on adjacent uses; and

(5) If there is to be more than one (1) tower on a premises, the presence of more than one (1) tower structure (if more than one (1) is to be built) on the same site or premises is a part of the overall stealth design to be utilized on the premises such as, but not limited to, a series of light standards utilized as tower structures; and

(6) A request for reduction of the separation requirements for towers not located on the same premises is necessary for providing service to an area of the City, the separation requirements constitute a barrier to entry into the marketplace by the applicant or will constitute a technical or economic hardship on the applicant; and

(7) Any light or noise from the tower will not violate light and performance standards of the Willard Land Development Regulations or other codes of the City; and

(8) The landscaping plan minimizes the impact of the tower location on the appearance of the premises or site on which the tower is to be located.

c. Building permit application. After a conditional use has been approved or if such a permit is not required, a building permit application and fee shall be submitted to the City of Willard. The application shall include sealed plans prepared by an engineer licensed in the State of Missouri for the tower construction and site. The tower site plan included with the building permit application shall show the design for or present existence of adequate drainage facilities which have been approved by the City Engineer. The applicant shall also provide evidence that the applicant has all required licenses. The application shall also include items in Subsection (E)(2).

[Ord. No. 130610D §4, 6-10-2013]

d. Applications for wireless facilities on towers. No person shall construct or maintain a wireless facility on a tower without first obtaining a license from the City for such wireless facilities. An application shall include the name and address of the applicant, a statement by a qualified engineer or other professional that the addition of such wireless facilities meets all conditions of the City Code, the location of the tower and the location on the tower itself where the wireless facilities will be located, the location on the site for any supporting equipment and utility for said wireless facility and the approximate length of time the applicant plans to use the tower to locate its wireless facilities. The fee for this license shall be fifty dollars ($50.00) and shall be renewable every five (5) years in accordance with Subsection (E)(6).

3. Inspections. By applying for a permit or use for a tower location, an applicant grants the City authority to enter onto its property to inspect the tower for the purpose of determining whether it complies with the applicable State law and all other construction standards provided by the City Code and Federal law. The City reserves the right to conduct such inspections at any time.

4. Filing requirement. A licensee shall certify in writing that its tower is structurally sound and conforms to the requirements of the applicable State law and all other construction standards set forth by the City Code, Federal and State law every five (5) years by filing, by January first (1st) of every fifth (5th) year following the date of the grant of its tower license, a sworn statement by the licensee or his/her representative to that effect. All licensees or owners of towers in existence on the effective date of this Section shall submit a statement by October 15, 2001, and by January first (1st) every five (5) years thereafter that said tower is free from hazards and that the tower does not pose an imminent threat to the surrounding area or public health and safety. Together with this statement, every licensee shall provide a certificate of liability insurance for no less than three hundred thousand dollars ($300,000.00) coverage for injury to persons and an additional three hundred thousand dollars ($300,000.00) coverage for property as a result of any tower failure or malfunction or defect which lists the City as an additional insured. Licensee shall list City as a party who must be notified should this insurance be canceled or discontinued for any reason thirty (30) days before the expiration of coverage.

5. Discontinuance of use. In the event the licensed use of a tower is discontinued by the licensee, the licensee shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.

6. License renewal fee. On or by January first (1st) of every fifth (5th) year following the granting of an initial tower or wireless telecommunications facilities license for a new or existing tower or facilities placed on a new or existing tower, each licensee shall submit license renewal fee of fifty dollars ($50.00). In no event shall a license be revoked or considered expired for failure to pay the fee unless the licensee has received at least thirty (30) days' written notice of the proposed action.

F. Revocation Of License. The City may at any time revoke a tower license for failure to comply with the provisions of this Chapter or any other City Code or State or Federal law. To properly revoke a tower license, the City must comply with the procedures set forth below:

1. The City Clerk shall provide licensee with written notice of all causes for revocation and the intent to revoke and shall allow licensee sixty (60) days subsequent to receipt of the notice in which to correct the violations or to provide adequate assurance of performance in compliance with this Chapter. Together with the notice required herein, the City Clerk shall provide licensee with written findings of fact which are the basis of the revocation.

2. The City shall provide the licensee with the right to a public hearing before the hearing examiner appointed for that purpose by the Mayor and mutually agreed to by the parties, which public hearing shall follow the sixty (60) day notice required herein. All interested parties shall be allowed an opportunity to be heard at the public hearing and present evidence.

3. After the public hearing, the hearing examiner shall, within thirty (30) days after the public hearing date, issue a written order setting forth his/her findings of fact and conclusions of law forming the basis for his/her decision.

4. Upon written determination by the hearing examiner to revoke a license, the licensee may appeal the decision to a court of competent jurisdiction pursuant to Chapter 536, RSMo. The hearing examiner may provide for a supersedeas bond in an amount deemed by said examiner to be sufficient to protect the interests of the public and such third (3rd) parties whose interests were identified during any hearing on such a request to post a bond, to permit the stay of enforcement of any revocation or enforcement action by the City.

5. Upon satisfactory correction by licensee of the violation upon which said notice was given as determined in the City's sole discretion, the initial notice shall become void.

6. Upon licensee's failure to correct a violation as found by the hearing examiner, the Mayor or his/her designee may issue an order to disconnect utilities to said tower to any utility company providing same unless a supersedeas bond in an amount determined by the hearing examiner under Subsection (F)(4). As long as said bond is in full force and effect and an appeal is pending under Chapter 536, RSMo., no order to disconnect utilities shall be made. Said order shall not be issued prior to thirty (30) days from the date of the hearing examiner's written determination. Said order shall be served upon the Chief Executive Officer thereof, together with the licensee at the last known address and have attached to it the findings of the hearing examiner.

G. Transfer Of License. A tower license may not be sold, transferred, leased or assigned to any other person without the consent of the City, such consent not to be unreasonably withheld.

H. Abandonment Of Tower.

1. In the event the use of any tower has been discontinued for a period of one (1) year or in the event that a licensee has taken no action within ninety (90) days after the revocation of a tower license pursuant to Subsection (F) to appeal the decision of the hearing examiner or to remedy or correct the violations resulting in the revocation, such tower shall be deemed abandoned.

2. The City shall provide the tower owner three (3) months' notice and an opportunity to be heard before a hearing examiner appointed by the City Administrator, or Board of Aldermen if there is no City Administrator, for the purpose, and agreeable to the tower owner if he/she may be located, before initiating such action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, to approve the sale of the tower to a third (3rd) party or in the alternative order the demolition of the tower and all appurtenances.

3. The City shall provide the tower owner with the right to a public hearing before the hearing examiner, which public hearing shall follow the three (3) month notice required in Subsection (H)(2). All interested parties shall be allowed an opportunity to be heard at the public hearing.

4. After a public hearing is held pursuant to this Section, the hearing examiner may order the forfeiture to the City or demolition of the tower. The City may draw upon any maintenance bond as provided in Subsection (E)(2)(a)(13) or performance bond or letter of credit filed pursuant to Subsection (E)(2)(a)(12) or may otherwise require licensee to pay for all expenses necessary to acquire or demolish the tower. The tower owner may stay such a draw or enforcement of an order of abandonment if he/she posts a supersedeas bond in an amount set by the hearing examiner sufficient to protect the interests of the public. However, in no event shall the removal of a tower which is determined to create a danger to the public or adjacent property be stayed due to the filing of such a bond.

I. Variances. Any request to deviate from any of the requirements of this Section shall require a variance approval in conformance with the procedures set forth in Article III, Section 400.190.

J. Location Of Towers On City-Owned Property. The City may authorize any person to locate a tower, antenna support structure or telecommunications facilities on publicly-owned property, subject to the application process set forth in Subsection (E)(2) and subject to the terms and conditions of any lease agreement executed between the City and such person, provided no tower shall be permitted on public right-of-way.

K. Dangerous Structures. All towers within the City limits of Willard, Missouri, shall be subject to the procedure set forth in the unsafe building ordinance of the City. Should the City have to take action under said Code provision to remove a dangerous structure or abate a nuisance or health hazard, then a tax bill may be assessed in the same manner as for a building that is demolished or for the abatement of a nuisance. In addition, the City may draw upon any bond or letter of credit on file with the City for payment of the costs of such abatement or removal.

L. Non-Waiver. Nothing in this Section shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this Section.

M. Enforcement And Reservation Of Rights.

1. The provisions of this Section 400.600 shall be enforced against all owners as operators of towers or telecommunications facilities within the City and all owners of land upon which towers or telecommunications facilities are sited within the City. The City shall have the right to withhold any approvals with respect to any application by any such party in the event that it shall find that the party is not in compliance with the provision of this Section 400.600 until such non-compliance has been cured.

2. The City reserves the right to impose any other reasonable conditions it determines are necessary for the proper placement, construction or modification of towers or telecommunications facilities and to impose any other reasonable conditions on the issuance of a permit or conditional use permit issued by the City for placement, construction or modification of a tower or telecommunications facilities.

Section 400.610 Performance Standards.

[Ord. No. 020227 §1(6.10), 2-27-2002]

A. General Requirements. No land or structure in any district shall be used or occupied in any manner as to create a dangerous, injurious, noxious or otherwise objectionable fire, smoke, dust, odor or other form of air pollution; noise, glare, heat, cold, dampness, electrical or other substance, condition or element; in such a manner or in such an amount as to adversely affect the adjoining premises or surrounding area, referred to herein as "dangerous or objectionable elements"; provided that any use permitted or not prohibited by this Chapter may be established and maintained if it conforms to the provisions of this Section.

B. Review. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Commission shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to the Board of Aldermen. In the event that the Commission concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request the Board of Aldermen to authorize the employment of a specialist or testing laboratory for the purpose of determining the nature and extent of practicable means of remedying such condition.

C. Conditions.

1. No noise from any operation conducted on the premises or other than that emanating from vehicular traffic, either continuous or intermittent, shall be detectable at any boundary of the "M-1" or "M-2" District.

2. No toxic matter, noxious matter, smoke, gas or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the lot on which the use is located.

3. No vibrations shall be detectable beyond the lot lines of the lot on which the use is located.

4. The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

5. Any operation that produces intense glare or heat shall be performed within a completely enclosed building and exposed sources of light shall be screened so as to be in conformance with the exterior lighting standards in Section 400.1540(C).

D. Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Board of Aldermen may approve, partially approve or disapprove the measures recommended therein and proceed with the enforcement of such measures in accordance with the provisions of this Chapter.

E. Cost Of Investigation. The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein, provided that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of said property is found to be in violation of the provisions of this Article by the Board of Aldermen or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty (30) days from the date of the final Board ruling or court judgment.