City of Warrenton, MO Article IV Supplementary Regulations

Section 405.190 Supplemental Regulations.

[R.O. 2006 §400.190]

This Article outlines regulations affecting more than one (1), or all, zoning districts and must be reviewed in every case when considering any type of land use within the City's jurisdiction; however, these supplemental regulations shall defer to any specific regulations within the respective zoning district sections.

Section 405.195 Overlay Districts.

[Ord. No. 2468, 5-7-2019; Ord. No. 2487, 9-17-2019; Ord. No. 2552, 10-20-2020; Ord. No. 2747, 3-21-2023; Ord. No. 2826, 12-19-2023; Ord. No. 2867, 6-18-2024]

A. Definitions. Except as specifically defined herein, all words used in these regulations shall have the meaning set forth in Section 405.050 or, if not defined therein, all words used in these regulations shall have their customary dictionary definitions:

ONGOING OUTDOOR DISPLAYS OF MERCHANDISE

The displaying of merchandise or products offered for sale on a non-temporary basis primarily outside of a building or structure in public view, during times in which the business is not open for operation, but not including temporary outdoor displays or outdoor storage.

RETAIL SALES

Shall have the same meaning as "sale at retail" as set forth in Section 144.010(13), RSMo.

B. An Overlay District is a transparent zoning district that lies over an existing zoning district and is used to implement additional development standards or place restrictions beyond those required by the existing or base zoning district. The Overlay District generally outlines uniform standards within the established boundary to ensure a higher quality of development within the City.

1. Purpose. The purpose of creating an Overlay District (OD) is to set and coordinate special development standards to a specific area that has unique value to the City and its residents, such as a business district or transportation corridor, and that are designed to provide a distinctive character and atmosphere to the designated area. Overlay Districts are appropriate instruments to implement the long-term goals and objectives of the adopted Comprehensive Plan and are primarily intended to be used when special circumstances justify the modification of base or existing zoning district regulations to achieve those specific design objectives that do not coincide with base zoning districts.

2. Establishment And Designation.

a. Overlay Districts shall be established through the rezoning process as outlined in Section 405.350 and only in conjunction with existing, base zoning districts.

b. An Overlay District may cover parts of several zoning districts or only a portion of an existing or base zoning district.

c. The existing or base zoning district shall maintain standard permitted land uses and development regulations. The Overlay District may further restrict development standards and/or land uses suitable to the purpose and protection of the Overlay District.

(1) Development standards that may be regulated in an Overlay District are lot size, building height and area, architectural design and materials, accessory buildings and structures, landscaping and buffer yards, parking, lighting, signage, development review procedures or any other restrictions that meet the Overlay District's purpose.

(2) Land uses shall be specifically delineated for each application.

d. When an Overlay District is established, any subsequent application to change the existing or base zoning district shall not be construed to be an application to eliminate the Overlay District for the property covered by the application. Any intent to eliminate the Overlay District on a given property shall be expressly stated to be part of the application.

e. In cases where there is a conflict between the requirements of the Overlay District and the underlying existing or base zoning district, the Overlay District restrictions shall apply.

3. Relationship Of Overlay Districts To Zoning Map. Overlay Districts are adopted in the same manner as any other zoning amendment. When an Overlay District and its associated regulations are adopted, the Zoning Map shall be amended to establish the boundaries for the Overlay District.

4. Adopted Overlay Districts.

a. Retail Corridor Design Overlay District.

(1) Intent And Purpose. The Retail Corridor Design Overlay District is established to enhance the compatibility of development, to establish consistent design standards, to encourage the most appropriate use of land, and to promote safe and efficient movement of traffic. All applicable developments proposed within this district shall be subject to procedures, standards, uses and guidelines in the following Section, in addition to those standards pertaining to the particular zoning district in which the development occurs.

(2) Delineation Of District. The Retail Corridor Design Overlay District shall include the rights-of-way and all parcels lying in whole or in part within one hundred (100) feet of rights-of-way of Interstate 70. The boundary of this district shall not project beyond the designated termination point.

(3) The effect of the boundary of the Overlay District shall be shown on any survey and/or site plan for properties impacted by the Overlay District.

(4) Prohibited Uses. The following uses shall not be permitted within the Retail Corridor Design Overlay District:

(a) Medical marijuana facilities and marijuana facilities.

(5) In addition to other requirements within the Retail Corridor Overlay District, businesses located within the "C-2" General Commercial, "C-3" Highway Commercial, and "C-4" Planned Commercial Shopping Center District shall have a minimum of fifty percent (50%) of the floor area of any use dedicated to retail sales.

b. Main Street Overlay District.

(1) Intent And Purpose. The Main Street Overlay District is established to enhance the compatibility of development, to establish consistent design standards, to encourage the most appropriate use of land, and to promote safe and efficient movement of traffic. All applicable developments proposed within this district shall be subject to procedures, standards, uses and guidelines herein and in the following Subsections, in addition to those standards pertaining to the particular zoning district in which the development occurs.

(2) Delineation Of District. The Main Street Overlay District shall include the rights-of-way and all parcels lying in whole or in part within one hundred (100) feet of the rights-of-way of Main Street, from State Highway 47 to Elm Street. The boundary of this district shall not project beyond the designated termination point.

(3) The boundary of this district shall be shown on the Official Zoning Map of the City.

(4) Permitted Uses. The following uses shall be permitted within the Main Street Overlay District:

(a) Single-family detached dwellings, subject to the Main Street Residential Use Restrictions contained herein.

(b) Philanthropic or religious affiliated clubs, institutions or organizations.

(c) Museums, art galleries.

(d) Opera houses, concert hall.

(e) Clinics (outpatient) — medical or dental offices or clinics; counseling centers.

(f) Chiropractors, State-licensed massage therapy, acupuncturists.

(g) Medical, dental or X-ray non-patient facilities.

(h) Church or place of worship, including residential components such as convents and monasteries.

(i) Indoor entertainment facility.

(j) Hotels and motels.

(k) Bed and breakfast inn.

(l) Professional business office other than health care facilities.

(m) Commercial automobile parking facility, garage or lot.

(n) Bakery — retail trade.

(o) Bank, credit union and financial.

(p) General retail and repair of goods — Indoor operations with indoor display and storage, but no ongoing outdoor display of merchandise.

(5) Conditional Uses. The following uses shall be conditional uses within the Main Street Overlay District:

(a) Bars, tavern, nightclub.

(b) Food service — walk-in, walk-up restaurants, walk-in, walk-in restaurants with drive-in and/or drive-through.

(c) Art display, outdoor.

(d) Alcohol sales — retail package liquor.

(e) Bakery — commercial or wholesale bakery with limited walk-in retail trade.

(6) A conditional use permit in an Overlay District shall be granted only if evidence is presented at the public hearings that the conditional use will comply, to the extent applicable, with the standards set forth in Section 405.340 and the following standards:

(a) The conditional use will not result in a substantial increase in litter.

(b) The conditional use will not result in an increase in crime in the Overlay District.

(c) The conditional use will not overburden public parking within the Overlay District.

(d) The conditional use will not overburden public utilities or public services within the Overlay District.

(7) Prohibited Uses. The following uses are prohibited and shall not be permitted within the Main Street Overlay District:

(a) Medical marijuana facilities and marijuana facilities.

(b) Tattoo parlors.

(c) Juvenile or teen community activity centers.

(d) Pawnshops/Pawnbrokers/personal credit loan agencies and Pawnshops.

(e) Bail bondsmen/agencies.

(f) Ongoing outdoor displays of merchandise.

(8) Landscaping. The Board of Aldermen may grant exceptions to the landscaping requirements of Section 405.265, when, in the sole discretion of the Board of Aldermen, the landscape requirements do not fit with the landscaping in existence on the surrounding properties within the Main Street Overlay District.

(9) Parking. The total amount of parking and loading spaces required for a given lot or parcel may be reduced by site plan review within the Main Street Overlay District.

(10) Main Street Residential Use Restrictions. There shall be no dwellings, as defined in Section 405.050, or residential uses located in the basement or on the ground floor of any property located on either side of Main Street within the District.

C. Non-Conforming Uses. Any otherwise lawful use of land or structure existing at the time of adoption of these regulations which use subsequently becomes unlawful shall be considered non-conforming use and may be continued, maintained, and repaired, pursuant to the requirements set forth in Chapter 405, Article V, Non-Conforming Use of Land and Structures.

Section 405.200 Future Right-of-Way Requirements.

[R.O. 2006 §400.200; Ord. No. 415 Art. V §500, 3-2-1982]

Where a line has been officially established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the officially established street line.

Section 405.210 Home Occupations.

[Ord. No. 2734, 1-17-2023]

A. The purpose of this Section is to regulate the operation of home occupations for the purpose of maintaining the residential character of neighborhoods in the City, preserving residential property values, securing the residents of the City's peaceful enjoyment of their homes, and to protect the health and safety of the public.

B. Home occupations permitted pursuant to the provisions of this Section are subject to the following:

1. Home occupations may only be performed by the owner or a tenant of the dwelling unit within which the home occupation is being performed;

2. The total number of employees and clients on-site at one (1) time in a dwelling unit may not exceed the occupancy limit for the dwelling unit;

3. The use of a dwelling unit for a home occupation shall not cause a substantial increase in traffic in the area of the dwelling unit;

4. The activities of the home occupation shall not be visible from any adjoining street or property;

5. In no way shall the appearance of the structure of the residence be altered or constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises, vibrations;

6. No storage or display of materials, goods, supplies, or equipment related to the performance of a home occupation shall be visible from the outside of any structure located on the premises of the dwelling unit;

7. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited;

8. All customer parking must be located so as to not negatively impact other properties and all home occupations must comply with parking regulations applicable to residential areas, including, but not limited to, Chapter 365 of the Municipal Code of the City of Warrenton;

9. The performance of any home occupation, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking;

10. Solid waste must not be stored or otherwise maintained on the property;

11. No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electricity) so that the combined use for the residence and the home occupation exceeds the average for residences in the neighborhood;

12. Home occupations shall comply with State and Federal laws including paying applicable taxes; and

13. The business activity performed by the owner or tenant of the dwelling unit shall be compliant with all State and Federal laws and ordinances of the City.

C. Violations. The failure of any person to comply with the provisions of this Section shall be an ordinance violation that, upon conviction, shall be punishable pursuant to the provisions of Section 405.370 of the Municipal Code of the City of Warrenton.

Section 405.215 Standards For Medical Marijuana Facilities And Marijuana Facilities.

[Ord. No. 2467, 4-17-2018; Ord. No. 2747, 3-21-2023]

A. Definitions. For purposes of this Section, the following terms shall have the meanings set forth herein:

CHILD DAY CARE CENTER

A child care facility, as defined by Section 210.201, RSMo., as amended, that is licensed by the State of Missouri.

CHURCH

A permanent building primarily and regularly used as a place of religious worship.

ELEMENTARY OR SECONDARY SCHOOL

Any public school as defined in Section 160.011, RSMo., as amended, or any private school giving instruction in a grade or grades not higher than the twelfth grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.

THEN-EXISTING

Any building that is occupied by, or for which a building permit has been issued and which will be used as, an elementary or secondary school, child day care center, or church at the time an individual or entity begins to operate a medical marijuana facility or marijuana facility.

Any terms used in this Section but not defined herein or elsewhere in the Municipal Code shall have the meaning provided in the applicable State regulations, as amended.

B. Medical Marijuana Facility And Marijuana Facility Requirements.

1. Siting. No medical marijuana facility or marijuana facility, including any off-site warehouses (collectively referred to as "facility" or "facilities" for purposes of this Section 405.215) shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or church.

a. In the case of a freestanding facility, the distance between the facility and the elementary or secondary school, child day care center, or church shall be measured from the external wall of the facility structure closest in proximity to the elementary or secondary school, child day care center, or church to the closest point of the property line of the elementary or secondary school, child day care center, or church. If the elementary or secondary school, child day care center, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit from the elementary or secondary school, child day care center, or church closest in proximity to the facility.

b. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the elementary or secondary school, child day care center, or church shall be measured from the property line of the elementary or secondary school, child day care center, or church to the facility's entrance or exit closest in proximity to the elementary or secondary school, child day care center, or church. If the elementary or secondary school, child day care center, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the elementary or secondary school, child day care center, or church closest in proximity to the facility.

c. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.

2. Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment associated with any facility shall be within fully enclosed building. No outdoor operations or storage shall be permitted.

3. On-Site Use Prohibited. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any facility, including the parking lot.

4. Hours Of Operation. Only persons who are employed by the facility, or its agents, employees, officers, or directors, shall be on the premises between the hours of 10:00 P.M. and 8:00 A.M., and no sales or distribution of marijuana, marijuana-infused products, or any other product sold at the facility shall occur upon the premises or by delivery between the hours of 10:00 P.M. and 8:00 A.M.

5. Display Of License Required. The facility license, as applicable, issued by DHSS shall be displayed in an open and conspicuous place on the premises and any and all licenses issued by the City, if applicable, shall be displayed in an open and conspicuous place on the premises.

6. Ventilation Required. All facilities shall include an odor control plan at least as stringent as that required by State regulations. Medical marijuana cultivation facilities, medical marijuana-infused products manufacturing facilities, marijuana testing facilities, comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, and microbusiness wholesale facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility.

7. Residential Dwelling Units Prohibited. No facility shall be located in a building that contains a residence.

8. Site Plan Review. A site plan meeting the requirements of Section 405.390 shall be submitted for review and approval prior to the commencement of operations at any facility. In addition to the Section 405.390 requirements, a drawing of the interior layout, security plan, and a description of the ventilation system to be used to contain odors within the building, if required, must be submitted.

Section 405.220 Junk Yards.

[R.O. 2006 §§400.220, 625.050; CC 1978 §51.050; Ord. No. 415 Art. V §520, 3-2-1982]

A. Where junk yards are permitted, the establishment and/or maintenance of such uses shall be subject to the following requirements;

1. No junk yard shall conduct business within the City unless said junk yard is screened from public streets and highways by a tight wood or vinyl fence, the material of which is in reasonably good appearance, not less than ten (10) feet high or of sufficient height to screen the junk yard kept within from view of persons using the public streets and highways within the City on foot or vehicle in the ordinary manner. Such screen fence shall be kept in good repair at all times and shall be painted if necessary to make said fence of reasonably good appearance.

2. Any junk yard shall be located not less than two hundred (200) feet from any residential district boundary.

Section 405.230 Lighting Controls.

[R.O. 2006 §400.230; Ord. No. 415 Art. V §530, 3-2-1982]

Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists and pedestrians.

Section 405.240 Manufactured and/or Mobile Home Parks.

[R.O. 2006 §400.240; Ord. No. 415 Art. V §§540.01 — 540.02, 3-2-1982; Ord. No. 1847 §I, 5-19-2009]

A. In any district where manufactured and/or mobile home parks are permitted as an approved conditional use, the establishment of such accommodations shall be subject to the following requirements:

1. A manufactured and/or mobile home park shall be located on a tract of land not less than five (5) acres in area, with minimum width and depth dimensions of two hundred (200) feet.

2. Approved screen plantings of trees and/or large shrubs will be required along lot lines to all adjoining residential lots and/or buildings.

3. Not more than one (1) installation shall be permitted per lot and none shall be installed on a lot already having a dwelling.

4. Minimum lot size and minimum yard dimensions. The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the manufactured and/or mobile home park is located.

a. The minimum size lot to receive a manufactured and/or mobile home shall have a width of seventy (70) feet and a minimum lot area of eight thousand four hundred (8,400) square feet.

b. Side yard. Ten (10) feet.

c. Rear yard. Twenty-five (25) feet.

d. Front yard. Thirty (30) feet.

5. Maximum height of buildings. No building or structure within the manufactured and/or mobile home park shall exceed a height of twenty-five (25) feet.

6. Off-street parking and accessways. There shall be provided, within the boundaries of the manufactured and/or mobile home park site, not less than one (1) off-street parking space for each manufactured and/or mobile home space.

Section 405.250 Off-Street Loading and Parking. [1]

[R.O. 2006 §400.250; Ord. No. 1930 §I, 1-20-2010; Ord. No. 1961 §§II — III, 5-17-2011; Ord. No. 2378, 11-21-2017; Ord. No. 2683, 6-21-2022; Ord. No. 2957, 8-19-2025]

A. Applicability. For every use hereafter established, there shall be provided sufficient space for access and off-street standing, parking and unloading of motor vehicles that may be expected to come to an establishment at any time under normal conditions for any purpose, whether as patrons, customers, employees, guests or otherwise; or when a use is expanded, changed or converted to a new use, accessory off-street parking and loading shall be provided in accordance with the following regulations for the area or capacity of such expansion.

B. Location Of Parking Or Loading Space. All required off-street parking or loading spaces shall be provided on the same parcel of land occupied by the use to which it is appurtenant. However, where there are practical difficulties in the way of such location of parking space or if the public safety or convenience would be better served by another location, the Planning and Zoning Commission may recommend and the Board of Aldermen may approve an alternative location as will adequately serve the public interest, subject to the following conditions:

1. Such off-premises parking areas will require execution of a written agreement between the parties.

2. Pedestrian access to such space shall be located within a distance of three hundred (300) feet by the shortest route of effective pedestrian movement.

3. Such space shall be usable without causing unreasonable traffic congestion, detriment to any residential neighborhood, or hazard to pedestrians or vehicular traffic.

C. Off-street parking and loading facilities shall be drained to eliminate standing water and to prevent damage to abutting property and/or public streets and alleys. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee and not used for the sale, repair, or servicing of any vehicles, equipment, materials or supplies.

D. Computation Of Parking Spaces.

1. For the purpose of computing required off-street standing or parking or loading space, the gross floor area shall be used.

2. In calculating the required parking for any given building or site, parking provisions shall be made for each use separately except as otherwise provided in Subsection (E). When the application of parking or loading requirements would result in a fractional space, any such fraction shall be counted as one (1) space.

3. To translate gross parking area into parking spaces, a factor of three hundred fifty (350) square feet per gross automobile parking space shall be applied.

4. In calculating any required parking area, other than for detached or attached single-family dwellings, sufficient access and maneuver space shall be provided to permit the parking and removal of any vehicle without moving other vehicles.

5. Space allocated for any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof.

6. If there is any uncertainty with respect to the amount of parking space required by the provisions of this Chapter as a result of any indefiniteness as to the proposed use of a building or of land, the maximum requirement for the general type of use that is involved shall govern.

E. Modification Of The Parking Required.

1. The total amount of parking space required for a given lot or parcel may be reduced by site plan review.

2. In any development where a mixture of residential uses and office or retail uses is permitted, the combined total number of parking spaces required for such combination of uses may be reduced up to twenty percent (20%) where same is justified to the satisfaction of the City by the parking analysis submitted by a competent traffic engineer or planner.

F. Design And Maintenance Standards For Automobile Parking Areas. All areas providing off-street parking shall conform with the standards of Subsections (G) through (I) of this Section.

G. Parking Space Size, Angle And Aisle Width. Minimum design standards for off-street parking and maneuvering space shall be as follows:

Angle of Parking	Depth of Stall Perpendicular	Width of Stall Parallel to Aisle	Minimum Aisle Width
Parallel	9.0 feet	24.0 feet	12 feet one way
30 degrees	17.3 feet	18.0 feet	23 feet one way
45 degrees	19.8 feet	12.7 feet	13 feet one way
60 degrees	21.0 feet	10.4 feet	15 feet one way
90 degrees	19.0 feet	9.0 feet	23 feet

Off-street parking lots designed for parking vehicles longer than nineteen (19) feet, bumper to bumper, shall have parking stall and maneuvering space areas of such sizes and dimensions as will accommodate the parking and maneuvering of such vehicles. Vertical clearance of not less than seven (7) feet is required for all parking areas.

H. Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of access to a street or public service drive.

I. Off-Street Parking Requirements. Subsections (J) through (L) of this Section provide for the minimum number of off-street parking spaces required for the various uses of a given lot or parcel subject to the modifications permitted by the site plan review procedure.

J. Public And Community Service Activities.

1. Nursery Schools And Day Care Centers, Public Or Private: One (1) parking space for each staff member or employee plus convenient and safe opportunities for the pickup and discharge of children from autos or buses; ten (10) spaces minimum.

2. Schools (Except High School): One (1) parking space for each three (3) seats in the auditorium or main assembly room, or four (4) spaces for each classroom, whichever is greater. Parking space requirements shall be calculated on the maximum capacity of the facility.

3. High School: One (1) parking space for each three (3) students based on the maximum student capacity of the facility.

4. Business, Commercial Or Trade School, Including Secretarial Or Beautician School: One (1) parking space for each three (3) students based on the maximum student capacity of the facility.

5. Community Center, Church, Temple Or Place Of Assembly: One (1) parking space for each four (4) seats in the auditorium or general assembly room.

6. Private Club: One (1) parking space per two hundred (200) square feet of gross floor area.

7. Public Library, Museum Or Art Gallery: Ten (10) spaces per building plus one (1) additional space for each three hundred (300) square feet of floor area in excess of one thousand (1,000) square feet.

K. Residential.

1. General Residential Occupancy. Single-family attached dwellings and single-family detached dwellings shall have two (2) parking spaces per dwelling unit.

a. No vehicle may be parked in the front yard, as described in Section 405.050, beyond the building line of a single-family residence.

2. Multi-Family Dwellings: Two (2) parking spaces per dwelling unit.

3. Housing Designed Especially For And Occupied Exclusively By The Elderly (Over Sixty (60) Years Of Age) Or By The Severely Disabled: One (1) parking space per four (4) dwelling units plus one (1) guest parking space for each ten (10) units.

4. Hotel Or Motel: One (1) parking space for each sleeping room, plus one (1) parking space for each two (2) employees, plus additional spaces as required herein for affiliated uses (i.e., restaurants).

L. Business And Commercial Uses.

1. Automobile Service Station: Two (2) parking spaces for each service bay or wash rack plus one (1) parking space for each employee, based upon the normal peak employment of the facility but not less than two (2) parking spaces.

2. Car Wash: Five (5) standing spaces for each stall or wash rack in a self-service establishment.

3. Drive-In Banking And Similar "Drive-In Service" Establishment: Five (5) standing spaces for each teller or customer window.

4. New Automobile Sales: One (1) parking space for each four hundred (400) square feet of enclosed floor area plus one (1) parking space for three thousand (3,000) square feet of open lot area devoted to the sale or display of motor vehicles.

5. Restaurant, Tavern Or Cocktail Lounge: One (1) parking space for each one hundred (100) square feet of floor area. Ten (10) spaces minimum.

6. Restaurant, Drive-In: One (1) space per seventy-five (75) square feet of floor area, ten (10) spaces minimum.

7. Retail Store, Personal Service Establishment Or Any Other Commercial Use (Except Amusement Or Recreation) Not Otherwise Provided Herein: One (1) parking space for each two hundred fifty (250) square feet for buildings < 49,999 square feet, or one (1) parking space for each three hundred fifty (350) square feet for buildings > 50,000 square feet.

8. Bowling Alley: Six (6) parking spaces for each alley. In the event that a restaurant, nightclub, cafe, bar, tavern, eating place or cocktail lounge is operated as part of or in conjunction with a bowling alley, additional parking areas shall be provided as required herein for such restaurant, nightclub, cafe, bar, tavern, eating place or cocktail lounge.

9. Theatre Or Auditorium (Except School): One (1) parking space for each four (4) seats, bench seating spaces or other seating space.

10. Amusement, Recreation Or Exhibition Hall Without Fixed Seats: One (1) per one hundred (100) square feet of gross floor area, twenty-five (25) spaces minimum. Does not include accessory uses.

11. Office Usage, Other Than Medical Offices: One (1) parking space for each two hundred fifty (250) square feet of floor area.

12. Medical Offices: One (1) parking space per one hundred fifty (150) square feet of gross floor area.

13. Dispatch General Service And Repair Establishment Where Work Is Performed Away From The Premises And No Overnight Parking Is Required: One (1) parking space per each employee on the premises plus two (2) visitor spaces.

14. Animal Hospital: One (1) parking space per four hundred (400) square feet of floor area; ten (10) spaces minimum.

15. Manufacturing Or Industrial Establishment, Research Or Testing Laboratory, Creamery, Bottling Plant, Warehouse Or Similar Establishment Or Any Other Industrial Use Not Specifically Provided For Herein: One (1) parking space for every two (2) employees working on the two (2) principal shifts at the maximum employment capacity together with a parking space to accommodate each truck or other vehicle used in conjunction with the operation of the business plus ten (10) parking spaces for customer parking.

16. Health Club Facility: One (1) parking space per three (3) members/patrons based on the occupancy load established by local fire, building and health codes, whichever is greater, plus one (1) space per employee on the largest working shift. The parking may be reduced up to twenty percent (20%) when the Planning and Zoning Commission is satisfied that an adequate parking study has been conducted and when the results of such study indicate that such a reduction would be warranted.

17. Tennis Court Facility: Four (4) spaces per court.

M. (Reserved)[2]

[2] Editor's Note: Former Subsection M, Modification Of Downtown Commercial Historic Area (DCHA) Parking Requirements, was repealed by Ord. No. 2487, 9-17-2019.

N. Required Number Of Designated Handicapped Parking Spaces.

1. All owners of parking facilities consisting of at least eleven (11) contiguous parking spaces shall designate a minimum number of handicapped parking spaces according to the following schedule:

Total Parking Spaces	Handicapped Spaces
Less than 10	0
11 — 30	1
31 — 70	2
71 — 100	3
Over 100	3 plus 1 space per every 100 spaces over 100

2. The location of handicapped parking spaces for both existing and future parking lots shall be determined by the Planning and Zoning Commission.

3. Standards in excess of the minimum standards provided above may be imposed by the Planning and Zoning Commission during the site plan review process. In the event the Commission finds the above standards to be insufficient to meet an identified need for a particular type pending or future development project the commission may impose a higher parking ratio standard to meet such a need.

4. Owners of existing parking facilities are required to designate a sufficient number of handicapped parking spaces on or before December 31, 1987. No site plan for any new parking facility shall be approved unless it is in compliance with this Chapter.

O. Dimensions And Locations Of Designated Handicapped Parking Spaces. Designated handicapped parking spaces shall be at least twelve (12) feet wide. Owners of parking lots in existence at the time of the adoption of this Chapter, who are required to designate handicapped parking spaces by December 31, 1987, shall not be required to restripe to meet dimensions requirements before June 30, 1988. Where possible, spaces shall be located so that handicapped persons are not compelled to wheel or walk behind parked vehicles.

P. Designating Signage. Each parking space designated for handicapped parking shall be clearly marked with a sign, immediately adjacent to, and readily visible from, the designated parking space at a height of four (4) feet from ground level and displaying the international handicapped symbol in white on blue background. Signs may also include any appropriate wording to indicate that the space is reserved for handicapped parking only.

Q. Site Plan Review And Approval. The Planning and Zoning Commission may by site plan review and approval allow an applicant to construct parking facilities less than the total spaces required herein provided space to accommodate the total parking requirement for the use is reserved and further, provided the applicant agrees to construct all or part of the remaining required parking area as the need arises as determined by the City.

R. Off-Street Loading Requirements. Off-street loading spaces shall be provided in all districts as follows:

1. Use Or Category: Retail store, department store, restaurant, wholesale house, warehouse, general service, manufacturing or industrial establishment.

Floor Area In Square Feet	Loading Spaces Required
2,000 — 5,000	One
5,000 — 10,000	Two
10,000 — 20,000	Three
20,000 — 40,000	Four
Each 40,000 over 40,000	One Additional

2. Use Or Category: Apartment building, motel, hotel, office or office building, hospital or similar institutions or places of public assembly.

Floor Area In Square Feet	Loading Spaces Required
5,000 — 10,000	One
10,000 — 100,000	Two
100,000 — 200,000	Three
Each 100,000 over 200,000	One Additional

3. Use Or Category: Funeral home or mortuary.

Floor Area In Square Feet	Loading Spaces Required
2,500 — 4,000	One
4,000 — 6,000	Two
Each 10,000 over 6,000	One Additional

4. Where a building is used for more than one (1) use, and where floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required.

S. Driveway Extensions.

1. A residential driveway may be extended m accordance with the following conditions:

a. The driveway extension or parking space shall be adjacent to the existing driveway in the front yard, side yard, or rear yard area.

b. The extended portion of the driveway will have a maximum width of twelve (12) feet and be designed as to provide a safe and efficient means of access to the street or public service drive.

c. The extended portion of the driveway may be constructed from concrete, asphalt or rock. A driveway extension constructed of rock, must use a weed barrier under the rock, and the rock depth must be a minimum of four (4) inch of inch-minus, with proper drainage to prevent damage to abutting property and/or public streets and alleys. Where the driveway extension crosses the sidewalk, the portion of the driveway from the curb to the sidewalk must be constructed with four (4) inches of rock and six (6) inches of concrete for the sidewalk.

d. The driveway extension shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee and not used for sale, repair, or servicing of any vehicles, equipment, materials, or supplies.

e. Prior to obtaining a Driveway Extension Permit, the applicant must submit an application for driveway extension which contains a drawing of the driveway extension with measurements of the new driveway extension and shows the existing driveway, residence, and property lines. The submitted plans must be in compliance with all other ordinances of the City.

f. A Driveway Extension Permit will cost twenty-five ($25.00) dollars. The driveway extension must be inspected by the Building Department within thirty (30) days of completion.

[1] Cross References — As to off-street parking and loading in "RC-1" zoning district, §405.110(E).

Section 405.255 Accessory Buildings and Structures.

[R.O. 2006 §400.255; Ord. No. 1640 §I, 11-7-2006; Ord. No. 2126 §I, 12-3-2013; Ord. No. 2536, 8-18-2020; Ord. No. 2847, 3-19-2024]

A. No accessory building or structure shall be used prior to the principal building or use except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this Chapter. Accessory buildings must be located in the rear yard of a lot and must conform to all provisions of this Chapter. Private garages may be located in a side or rear yard.

1. Detached Accessory Buildings And Structures.

a. Height. In any district except "AG," a detached accessory building or structure shall not exceed the height of the primary building.

(1) Exception. If an accessory building or structure taller than the primary building is proposed to be built in a district other than the "AG" District, an exception to Section 405.255(A)(1)(a) may be granted if, upon application, the Director of Planning and Development finds and determines the following standards are met:

(a) The proposed accessory building or structure otherwise complies with all zoning regulations;

(b) The height of the proposed accessory building or structure is not more than one (1) foot above that of the primary building; and

(c) The height of the proposed accessory building or structure will not exceed the height of the primary or accessory buildings or structures on adjacent properties.

(2) The application required by Section 405.255(A)(1)(a)(1) must include the name of the applicant; the address and record owner of the property upon which the proposed accessory building or structure is to be built; a site plan showing the location of the proposed accessory structure or building situated on the property; architectural renderings showing the height of the proposed accessory building or structure as compared to the primary building; and any other information required by the City.

(3) If the Director of Planning finds and determines the standards described in Section 405.255(A)(1)(a)(1) are met with respect to the proposed accessory building or structure, the Director may issue a permit authorizing the construction of the proposed accessory building or structure. If construction of the proposed accessory building or structure is not started within one (1) year from the issuance of such permit, the permit shall expire.

b. Yard And Area Requirements. No detached accessory building or structure shall be erected in any required front or side yard setback. Detached accessory buildings may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area, except as otherwise regulated by this Chapter. No detached building or structure may be erected closer than five (5) feet to the rear or side lot line and not less than ten (10) feet from any portion of the main building. In no case shall any accessory structure be located in a required drainage area or a recorded easement area.

c. Building Bulk Regulations. Accessory structures sizes in "AG" shall only be required to comply with Subsection (A)(1)(b) above. There shall be not more than two (2) accessory buildings per lot.

d. Solar Panels. Ground-mounted solar panels are not to exceed six (6) feet in height as measured from the average grade at the base of the structure to the highest point of the structure.

B. District And Use Regulations.

1. Residentially Zoned And Used Property. On any lot that is zoned or used for residential purposes, shipping containers, whether in their original designed and manufactured or modified state, shall not be used as, or integrated into the exterior visible portion of, an accessory building or structure. However, this regulation does not prevent the temporary use of shipping containers for a limited time, not to exceed ten (10) days, for the purpose of moving into or out of a residential structure.

Section 405.260 Open Space and Height.

[R.O. 2006 §400.260; Ord. No. 415 Art. V §560, 3-2-1982]

A. In each zone district each structure hereafter erected or altered shall be provided with the yards specified, shall be on a lot of the area and width specified, and shall not exceed the heights specified in the District Schedule. The height regulations as prescribed in this resolution, shall not apply to church spires, monuments, tanks, water towers, fire towers, flagpoles, and grain elevators. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure. However, additional height and area regulations include:

1. Public, semi-public or public service buildings, hospitals, institutions, schools and churches, when permitted in a district, may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is being built.

2. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, tanks, water towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinances of the City.

3. Accessory use or building, including a private garage, customarily incident to the above uses, but not involving the conduct of a business. Any accessory building that is not a part of the main structure shall be located in the rear yard not less than ten (10) feet from any portion of the main building not less than five (5) feet from any lot line.

Section 405.265 Landscaping and Screening Regulations.

[R.O. 2006 §400.265; Ord. No. 1156 §I, 1-2-2001; Ord. No. 1668 §I, 12-19-2006; Ord. No. 1847 §II, 5-19-2009]

A. Purpose. The purpose of this landscaping and screening regulation is:

1. To provide greenery to visually soften paved areas and buildings.

2. To establish healthy environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, stormwater runoff retardation and noise, glare and heat abatement.

3. To ensure that the local stock of native trees is replenished, plant material shall generally be native or hardy to this region.

4. To buffer uncomplimentary land uses and to enhance the quality and appearance over the entire site of the project.

B. Authority. The landscape plan shall be part of the site plan and shall be reviewed by the Planning and Zoning Commission with approval by the Board of Aldermen.

C. Application. Landscape plan:

1. Landscaping consisting of trees, shrubs, ground cover and screening (where applicable) shall be required for new construction or expansion of existing uses.

2. Hereafter, all plans submitted in support of a site plan or building permit shall include a landscape plan.

3. Exception. All single-family unit developments shall be exempt from this requirement. However, this exemption shall not exempt certain uses for which screening is required.

D. Information Required. All plans submitted for approval of a landscape plan shall have the following information included:

1. North point and scale.

2. Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.

3. The location, size and surface of materials of all structures and parking areas.

4. The location, size and type of all above ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation.

5. The approximate location, type, size and quantity of all proposed landscape materials with the names of all plant species. The size, grading and condition shall be specified according to American Association of Nurserymen standards.

6. The location, size and common name of all existing plant materials to be retained on the site. Large masses of trees may be indicated by mass outline only.

7. Mature sizes of plant material shall be drawn to scale and called out on plan by common name or appropriate key.

8. Location of hose connections and other water sources.

9. The location of all existing trees twelve (12) inch caliper or larger measured at four and one-half (4½) feet above ground level on sites that are proposed for removal.

10. The location, size and type of required screening methods.

E. Landscaping Requirements.[1]

1. Minimum tree requirements per use/zoning district.

a. Two-family and multiple family units.

(1) One (1) tree per fifty (50) feet, or portion thereof, of street frontage, public or private, shall be required within the building setback line abutting said street frontage. Said trees may be clustered or arranged within the setback and need not be placed evenly at fifty (50) foot intervals.

(2) In addition to the required trees, based upon street frontage, one (1) tree shall also be required for every two (2) dwelling units. These trees may include the trees required in parking areas.

b. Planned unit developments.

(1) One (1) tree per fifty (50) feet, or portion thereof, of street frontage, public or private, shall be required within the landscape setback abutting said street frontage. Said trees may be clustered or arranged within the setback and need not be placed evenly at fifty (50) foot intervals.

(2) In addition to the required trees, based upon street frontage, one (1) tree shall be required per three (3) dwelling units. These trees may include trees required in parking lots.

c. "C-1" and "C-2" commercial zones. Where a commercial zone is adjacent to a residential zone, a landscaping green belt of at least ten (10) feet in width shall be provided continuously on the back and/or sides of the property lines. Said green belt shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid fence or other type of screening with a minimum height of six (6) feet above grade, so long as the degree of screening is not less than the screening afforded by a fence, and shall be maintained along the appropriate property line by the user of the commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the green belt shall not be used for off-street parking facilities or loading space.

d. "C-3" and "C-4" commercial zones. Where a commercial zone is adjacent to a residential zone, a landscaping green belt of at least ten (10) feet in width shall be provided continuously on the back and/or sides of the property lines. Said green belt shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid fence or other type of screening with a minimum height of six (6) feet above grade, so long as the degree of screening is not less than the screening afforded by a fence, and shall be maintained along the appropriate property line by the user of the commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the green belt shall not be used for off-street parking facilities or loading space.

e. "M-1" and "M-2" industrial zones. Where an industrial zone is adjacent to a residential zone, a landscaping green belt of at least ten (10) feet in width shall be provided continuously on the back and/or sides of the property lines. Said green belt shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid fence or other type of screening with a minimum height of six (6) feet above grade, so long as the degree of screening is not less than the screening afforded by a fence, and shall be maintained along the appropriate property line by the user of the commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the green belt shall not be used for off-street parking facilities or loading space.

f. Existing trees saved. Existing trees saved on the site during construction may be credited toward the minimum tree requirements specified for each zoning district. Those existing trees credited shall be a minimum of two (2) inch caliper as measured six (6) inches above the ground for deciduous shade trees. Minimum size for existing ornamental and evergreen species shall be four (4) feet in height. All existing plant material saved shall be healthy and free of mechanical injury.

g. Trees planted. The majority of the required trees planted shall be medium and large deciduous shade trees.

[1] Cross Reference — As to landscaping requirements in the "RC-1" district, see §405.110(F).

F. Landscaping Plan. A landscaping plan must be submitted and reviewed by the Planning and Zoning Commission with approval by the Board of Aldermen as part of the site plan process. Landscaping plans shall meet the following standards:

1. All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs and shall be maintained by the property owner.

2. Trees in front yards shall be planted at a ratio of at least one (1) two and one-half (2½) caliper shade tree for every forty (40) feet of street frontage. Clustering of trees and shrubs is encouraged, as opposed to even spacing of trees.

3. Parking lots shall be landscaped with at least one (1) two and one-half (2½) caliper shade tree for every seven (7) parking spaces. These trees shall be planted in a landscaped planting area with dimensions of at least ten (10) feet by ten (10) feet. The spacing of these trees shall be determined during the site plan review process and shall be arranged to maximize the amount of shaded areas within parking lots.

4. Building foundations shall be landscaped at a ratio of at least one (1) shrub or tree for every ten (10) feet of exterior wall. Clustering of these plantings is also encouraged.

5. Each site shall be required to install a permanent irrigation system in front yards.

G. Screening Requirements.

1. Application. All plans submitted in support of a site plan approval, building permit or conditional use permit shall include a detailed drawing of applicable screening methods. Such drawing may be included as part of the landscape plan.

2. Trash bin screening. All multi-family residential projects, manufactured and/or mobile home parks and all commercial, office and industrial projects shall include on the landscape plan a detailed drawing of enclosure and screening methods to be used in connection with trash bins on the property. No trash bin shall be visible from off the property and a permanent screen fence or wall enclosure shall be provided for each such bin. Such permanent screen fence shall be a minimum of six (6) feet high, three (3) sided, completely enclosed and shall not be chain link.

3. Residential screen required.

a. All buildings or additions thereto in all commercial and industrial districts ("C-1" to "C-4" and "M-1" and "M-2" inclusive) shall provide a planting screen along all rear and side property lines which are common to property zoned for residential purposes, except that such screening shall not extend in front of any building line or adjacent dwellings and shall not be required where such screening exists on the abutting residential property.

b. All multiple-family unit developments and planned unit developments abutting property zoned "R-1", "R-2" and "R-3" shall provide a planting screen, except that such screening shall not extend in front of any building line or adjacent dwellings and shall not be required where such screening exists on the abutting residential property.

4. Special subdivision buffer treatment along major streets. When a subdivision abuts or contains an existing or proposed parkway, thoroughfare or collector street, the Planning and Zoning Commission may require marginal access streets, reverse frontage with screen planting contained in a twenty (20) foot wide non-access reservation along the rear property line, or such other treatment as might be necessary for adequate protection of residential properties, to afford separation of through and local traffic and to retain the traffic carrying capacity of the thoroughfare or collector streets. All such improvements shall be subject to the approval of the City Engineer and the Board of Aldermen.

5. Parking lot screening rear and side yards. Any off-street parking area providing space for five (5) or more vehicles shall be effectively screened on any side or rear yard, which abuts a residential lot, by a planting screen. Such screening shall not be required where it already exists on the abutting property or where view of said parking lot from the residential lot is effectively screened by a change in grade, placement of buildings or other method.

6. Screening standards. A screen shall consist of a wall, berm, fence or plantings or any combination of the following types listed below:

When a screen is required, the Planning and Zoning Commission and/or Board of Aldermen may require a wall screen, fence, earth berm, planting screen or any combination thereof. A wall screen, fence, earth berm, planting screen or a combination thereof may be required after two (2) growing seasons following installation if a planting screen has not formed an opaque screen.

7. Screen types defined.

a. BERMS: A berm screen constructed of earthen materials shall not exceed a slope steeper than two and one-half (2½) feet horizontal to one (1) foot vertical. It shall be sodded and landscaped. Plantings shall be added to provide an effective screen at least five (5) feet high, including berm when planted. An opaque screen of at least six (6) feet in height must be formed within two (2) growing seasons after installation.

b. FENCE, OPEN: An open weave or mesh type fence, constructed of wood or other approved material, shall be not less than six (6) feet in height nor more than eight (8) feet. The fence shall form an effective opaque screen.

c. FENCE, SOLID: A solid fence screen shall be not less than six (6) feet in height nor more than eight (8) feet and shall be constructed of wood or other approved materials. The fence shall form an effective opaque screen.

d. PLANTINGS: A plant screen shall consist of compact evergreen plants or other approved plants. The plantings shall be a minimum of five (5) feet high, as measured from the adjacent property, when planted. An opaque screen of at least six (6) feet in height must be formed within two (2) growing seasons after installation.

e. WALLS: A wall screen consisting of concrete, stone, brick, tile or similar type of approved solid masonry material shall be not less than six (6) feet in height nor more than eight (8) feet. The screen wall shall form an effective opaque screen.

8. Landscaping requirements in screened areas. The intent of this Section is to achieve an aesthetic screen area.

a. Not less than thirty percent (30%) of the required screening area shall be landscaped. The screening area shall be described as the length of the rear or side property lines (screening shall not extend in front of any building line or adjacent dwellings) which are common to property zoned for residential purposes to a depth of ten (10) feet.

b. The landscaping materials shall be reasonably dispersed throughout the screening area.

c. The primary landscaping materials to be used in the screening areas shall be evergreen trees unless an alternative material is previously approved by the Board of Aldermen.

9. Screen design.

a. Height. Where there is a difference in elevation on opposite sides of the screen within ten (10) feet of the screen, the height shall be measured from the highest elevation.

b. Sight triangle. On a corner lot in any district, no planting, berm, fence or wall shall be placed in such a manner as to impede vision within a ten (10) foot sight triangle.

H. Installation, Maintenance And Enforcement.

1. Landscaping in place prior to occupancy permit. All landscape material, living and non-living, shall be healthy and in place prior to issuance of final occupancy permit. A temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.

2. Maintenance.

a. The trees, shrubs, fences, walls and other landscaping materials depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan.

b. The developer, his/her successor and/or subsequent owners and their agents shall be responsible for the continued maintenance.

c. Plant material exhibiting evidence of insect pests, disease and/or damage shall be appropriately treated, and dead plants promptly removed and replaced within the next planting season.

d. All landscaping will be subject to periodic inspection by the City's Building Commissioner or his/her designee. Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the owner and his/her agent or agents shall be considered in violation of the terms of the building or occupancy permit. The Building Commissioner or his/her designee is empowered to enforce the terms of this Chapter.

3. Buffer strips. Landscaped buffer strips of at least ten (10) feet wide shall be provided along the perimeter of a commercial site where said site is adjacent to a residential area. Said buffer strip may be provided within the commercial subdivision tract or on the adjacent residential property. The Planning and Zoning Commission and the Board of Aldermen may require provision of a fence, wall or screen if either determines such as necessary to protect adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the development should be shown on the final plat submitted for Board of Aldermen approval.

I. Industrial Zones.

1. Trees. Trees shall be planted within designated buffer strips, green belts, pedestrian ways and other landscaped areas as designated on approved plans and plats provided they are planted so as not to interfere with pedestrian or vehicular traffic movement, stormwater conveyance, or construction and maintenance of utilities:

a. Where required or permitted, trees shall be of ornamental, evergreen, or of the large deciduous types, such as oak, maple, ash, hickory or thornless honey locust.

b. The following trees are not permitted in buffer strips, green belts, pedestrian ways or any other landscaped areas required by this Chapter: Box elder, soft maple, hackberry, American elm, poplar ailanthus (tree of heaven), willow and mimosa.

c. All required trees shall be sound and healthy at the time of planting; root systems shall be balled and burlapped. Required trees shall be protected from damage by wind and other elements. However, guy wires and ropes, where provided, shall not damage bark or break branches. Trees shall be guaranteed by the developer for one (1) full year after planting with dead or otherwise unacceptable trees to be replaced by the developer at his/her expense during the guarantee period.

d. As required, and with prior approval by the Planning and Zoning Commission and the Board of Aldermen, trees shall be of different species or varieties along green belts, pedestrian ways or any other landscaped areas. This prevents the possibility of one (1) species dominating an area and then acquiring a disease that will either severely damages or kill the trees thus eliminating required landscaping.

e. Required trees shall meet the following minimum size requirements: Large deciduous, non-ornamental (such as maple, oak, hickory), two (2) inch caliper, measured six (6) feet above the ground.

f. Ornamental (such as flowering cherry, flowering crab apple, dogwood), four (4) feet in height. Evergreen four (4) feet in height.

Section 405.270 Rules for Interpretation of District Boundaries.

[R.O. 2006 §400.270; Ord. No. 415 Art. V §570, 3-2-1982]

A. Where uncertainty exists to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Where boundaries approximately follow streets, highways or alleys. District boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

2. Where boundaries approximately follow platted lot lines. District boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3. Where boundaries approximately follow City limits. District boundaries indicated as approximately following City limits shall be construed as following such City limits.

4. De-annexation. In the event of changes in City limits removing territory from the City, district boundaries shall be construed as moving with City limits.

5. Where boundaries follow railroad lines. District boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

6. Where boundaries follow stream beds or other bodies of water. District boundaries indicated as following centerlines of stream beds or other bodies of water shall be construed to follow such centerlines.

Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

Section 405.280 Telecommunication Towers and Facilities.

[Ord. No. 1692 §I, 5-15-2007; Ord. No. 2586, 3-16-2021]

A. Purpose. The purpose of these standards is to establish general guidelines for the siting of communication towers, antenna structures and antennas for commercial wireless telecommunications.

B. Goals.

1. Encourage the location of towers, where necessary, in non-residential areas;

2. Encourage the joint use of new and existing telecommunication tower sites and other antenna structures;

3. Encourage telecommunication towers, other antenna structures, and antennas to be configured in a way that minimizes the adverse visual impact on the community;

4. Encourage users of communication towers, other antenna mounts, and antennas to configure them in a way that minimizes the adverse visual impact of those structures;

5. Enhance the ability of the City to ensure that wireless telecommunications services are provided to the community quickly, effectively, and efficiently.

C. Minimize the potential adverse effects associated with telecommunication towers through the implementation of reasonable design, landscaping, and construction practices; and:

1. Conform to Federal and State laws that allow certain antennas to be exempt from local regulations.

D. Definitions. As used in this Section, the following terms shall have the meanings indicated:

TELECOMMUNICATIONS TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like. Terms associated with tower shall mean as follows:

a. ALTERNATIVE COMMUNICATION TOWER STRUCTURE Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

b. ANTENNA Any exterior apparatus or apparatuses designed for telephonic, radio, data, Internet, or television communications through the sending or receiving of electromagnetic waves including equipment attached to a tower or building for the purpose of providing personal wireless services, including, for example, cellular, enhanced specialized mobile radio and personal communications services telecommunications services, and its attendant base station.

c. ANTENNA FOR NON-COMMERCIAL USE Any antenna external to a building, including any supporting structure such as a tower, which is not hand-carried while in use and is used for: Reception or electromagnetic signals, such as radio or television broadcasts or direct satellite television; or for transmission of electromagnetic signals by a licensed amateur radio operator or by means of an Earth-orbiting satellite communications device.

d. ANTENNA, PANEL An antenna or array of antennas that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also, referred to as directional antennas.

e. ANTENNA SUPPORT STRUCTURE Any mast, pole, tripod, tower or similar structure used to support an antenna.

f. ANTENNA SYSTEM The combination of an antenna and antenna support structure.

g. ANTENNA SYSTEM HEIGHT The overall vertical length of the antenna system above grade. If such system is located on a building, the overall height shall include the height of the building.

h. ANTENNA TOWER A structure designed and constructed to support one (1) or more antennas used by commercial wireless telecommunication facilities and including all appurtenant devices attached to it. A tower can be free-standing (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), or either lattice or monopole construction.

i. ANTENNA, WHIP An antenna that transmits signals in three hundred sixty degrees (360°). They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omni-directional, pipe, or stick antenna.

j. COAXIAL CABLE A cable consisting of one (1) or more cylinders with a single wire running down the center of each cylinder.

k. MAST Any structure or part of an antenna that has vertical dimensions greater than five (5) times its horizontal dimension that supports or lends support to any part of an antenna.

l. MICROWAVE Electromagnetic radiation with frequencies higher than one thousand (1,000) MHz; highly directional signal used to transmit radio frequencies from point to point at a relatively low power level.

m. MICROWAVE RADIO A line-of-sight radio transmission using very short wavelengths, corresponding to a frequency of one thousand (1,000) megahertz or greater.

n. RADIO TRANSMITTING AND RECEIVING ANTENNA An array or system of wires, tubing and supporting members mounted on a mast, tower or building, used for transmitting and/or receiving radio signals, that include, but are not limited to, citizen band and other special frequencies.

o. SATELLITE PARABOLIC OR DISH RECEIVING ANTENNA A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, bowl, or cornucopia. Such device shall be used to transmit or receive radio or electromagnetic waves between terrestrially or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite Earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

p. SATELLITE RELAY An active or passive satellite repeater that relays signals between two (2) Earth terminals.

q. STANDARD RESIDENTIAL RECEIVING ANTENNA An array made up of small metal tubing and supporting members that are commonly installed on or near residential buildings for the purpose of receiving television or radio signals.

r. TELECOMMUNICATIONS CARRIER A company that provides wireless services. Telecommunication carriers may or may not own the tower they are on; if they are not the owner they are typically leasing the space from a tower company.

s. TELECOMMUNICATIONS FACILITIES EQUIPMENT SHELTER A facility, shelter, cabinet, shed, or vaults used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment, may include, for example, air conditioning, backup power supplies and emergency generators.

t. TOWER COMPANY A company that owns, operates and maintains the tower infrastructure.

u. TOWER, GUYED A monopole or lattice tower that is supported, in whole or in part, by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

v. TOWER, LATTICE A tower characterized by an open frame-work of lateral cross-members that stabilize the structure.

w. TOWER, MONOPOLE A telecommunications tower consisting of a single pole, constructed without guy wires and ground anchors.

x. TOWER, SELF-SUPPORTING A lattice telecommunications tower that is constructed without guy wires and ground anchors.

y. WIRELESS TELECOMMUNICATION The transmission through the air of information in the form of electromagnetic or optical signals; including television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic or optical wireless communication.

z. WIRELESS TELECOMMUNICATION FACILITY A facility including antennas and transmitting and receiving equipment for wireless telecommunication, including personal wireless services facilities.

E. Applicability.

1. Antenna And Antenna Structure. An antenna and antenna structure, any portion of which is located within the City of Warrenton, shall be subject to this Chapter, except as otherwise provided herein.

2. Utility Poles. The provisions of this Chapter shall not apply to 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 Warrenton.

3. Amateur Radio, Receive-Only Antenna. The requirements of Section 405.280 shall not govern any telecommunications tower or the installation of any antenna that is:

a. Under seventy (70) feet in height;

b. Setback from all structures on the same lot, tract, or parcel, and all structures on adjacent lots, tracts, and parcels, a distance equal to its height; and

c. Owned and operated by a Federally-licensed amateur radio station operator.

4. Pre-Existing Communication Tower, Other Antenna Structure, And Antenna. A pre-existing communication tower, other pre-existing antenna structure, and pre-existing antenna shall not be required to meet the requirements of this Section except upon expiration of an existing conditional use permit.

5. Principal Or Accessory Use. An antenna, a communication tower, or an antenna structure, and equipment accessory to the same, may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna, telecommunications tower or other antenna structure, and equipment accessory to the same on such lot.

6. Parcel Boundaries. For purposes of determining whether the installation of a telecommunication tower or antenna complies with development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

7. Non-Conforming Use. A tower or other antenna structure that is constructed or installed in accordance with the provisions of this Chapter, although an addition to the property, shall not be deemed to constitute the expansion of a non-conforming use or structure.

F. General Requirements.

1. Federal Requirements.

a. All wireless telecommunication facilities must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the Federal government with the authority to regulate towers and antennas. This includes the FCC's 150-day new application and 90-day collocation shot clock which require that applications under this Section be evaluated within either one hundred fifty (150) days for new applications or ninety (90) days for collocation applications.

b. If such standards and regulations are changed, then the owner(s) of the wireless telecommunication facility governed by this Chapter shall bring such facility into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency.

c. Failure to bring a wireless telecommunication facility into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility at the owner's expense. Any such removal by the governing authority shall be in the manner provided in this Section.

2. Building Codes And Safety Standards.

a. To ensure the structural integrity of telecommunication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the International Building Code (IBC) and the applicable standards for towers that are published by the Telecommunications Industry Association (TIA)/Electronic Industries Association (EIA), as amended from time to time. Tower owners shall conduct periodic inspections of telecommunications towers at least once every three (3) years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in Missouri. The results of such inspection(s) shall be provided to the Building Commissioner.

b. If, upon inspection, the Building Commissioner concludes that a tower fails to comply with such codes and standards and is not a danger to persons or property, then a written notice will be sent to the owner of the tower with a copy of said notice to all of the known lease holders. Such notice shall include:

(1) A description of the property;

(2) A statement of the violation(s) and the reason the notice is being issued;

(3) Statement that the owner shall have thirty (30) days to bring such tower into compliance; and

(4) A statement that the owner has a right to appeal the Building Commissioner's findings to the Board of Adjustment.

If the tower is not brought into compliance within the stated time period above, an extension may be requested by the owner. The extension request shall be in writing and include a proposed plan of action with a timeframe for completion of the work. The Building Commissioner is authorized to grant, in writing, one (1) or more extensions of time as deemed reasonable and appropriate; however, the owner shall provide proof that action is being taken. If the tower is not brought into compliance within the stated time period and no extension is requested, the City may remove such tower at the owner's expense after notice is sent to the property owner and all known lease holders of an appeal hearing and such hearing is held.

If, upon inspection, the Building Commissioner concludes that a tower constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower and any known lease holders, the owner shall have fifteen (15) days to inspect the tower and make the necessary repairs. If repairs are not made within the stated time period the City may take whatever action is necessary to remove or lessen the dangerous condition.

3. Conditional Use Permit. A telecommunications tower shall be subject to a conditional use permit, in accordance with the following considerations:

a. Setbacks. No new tower shall be constructed without setbacks from all property lines a distance equal to the height of the tower as measured from the base of the structure to its highest point or as otherwise authorized by the Board of Aldermen in approval of the conditional use permit. Accessory structures shall be governed by the setbacks for that particular zoning district.

b. Guy Anchors. Guy anchor foundations shall be setback a minimum of ten (10) feet from all property lines.

c. Separation Distances. The following are the required separation distances from other towers and residential:

(1) A telecommunications tower over ninety (90) feet in height shall be separated from any other telecommunications tower over ninety (90) feet in height by a distance of at least one (1) mile.

(2) A monopole telecommunications tower with all antennae totally concealed within the monopole shall be located a distance equal to the tower height from any existing single-family or two-family dwelling that is not on the same lot with the tower, any property zoned for single-family or two-family residential use, and any property where the future use indicated by the Comprehensive Plan is low density residential use.

(3) A monopole, lattice or guyed telecommunication tower with exposed antennae shall be located a distance of one and one-half (1 1/2) times the tower height from any existing single-family or two-family dwelling that is not on the same lot with the tower and any property zoned for single-family or two-family residential use, and any property where the future use indicated by the Comprehensive Plan is low density residential use.

(4) These separation distances may be waived if the Board of Aldermen legislatively determines the application of these requirements would effectively prevent the provision of wireless telecommunications services within the City.

d. Lighting. A telecommunications tower or other antenna structure shall not be artificially lighted unless such lighting is required by the FAA or other applicable authority. If lighting is required, the Board of Aldermen may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

e. Signage. Signs located at the telecommunications tower shall be limited to ownership, contact information, the FCC antenna registration number and any other warning signs required by the FCC. Commercial advertising is strictly prohibited.

f. Landscaping. A telecommunications tower facility shall be landscaped in accordance with Section 405.265 to provide a buffer of plant materials that effectively screen the view of the telecommunications tower base and accessory structures from adjacent property. This may be waived by the Board of Aldermen where natural growth and land forms provide an equivalent buffer. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Board of Aldermen.

g. Parking Areas And Drives. Parking areas and drives associated with the telecommunications tower shall be paved or as otherwise authorized by the Board of Aldermen in the approval of a conditional use permit after making a determination that additional impervious coverage is not in the best interest of adjacent property owners.

h. Security Fencing. A telecommunications tower shall be enclosed by fencing not less than six (6) feet in height and equipped with an appropriate anti-climbing device. The type of fence shall be in accordance with Chapter 420 or as otherwise authorized by the Board of Aldermen in the approval of the conditional use permit.

i. Visual Impact. To limit the visual impact of a telecommunications tower, to the extent feasible, the tower shall be:

(1) Located away from key public viewpoints;

(2) Located down-slope from the top of ridge lines, so that from key public viewpoints, a smaller portion of the height of the tower is viewed against the sky;

(3) Placed within forested areas with antennas just above the treeline;

(4) Located or be of such a height not to necessitate FAA coloring and lighting;

(5) Located in industrial areas;

(6) Of the minimum height necessary for operation of the telecommunication system, considering the visual trade-off of a greater number of towers at lower heights; and

(7) Located outside historic districts designated by the Board of Aldermen and located unobtrusively so as not to be visible from historic structures.

j. View Of Accessory Equipment. Mobile or immobile equipment not used in direct support of a wireless telecommunications facility shall not be stored or parked on the site of the facility, unless repairs to the facility are being made.

k. Design. The following standards shall apply:

(1) A telecommunications tower shall, subject to any applicable standards of the FAA, be painted a neutral color approved by the Board of Aldermen, so as to reduce visual obtrusiveness;

(2) At a telecommunications tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment;

(3) If an antenna is installed on an antenna structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the antenna structure so as to make the antenna and related equipment as visually unobtrusive as possible; and

(4) Tower design will be evaluated on a case-by-case basis utilizing the following design preferences:

(a) Monopoles are highly encouraged;

(b) Stealth technology shall be incorporated into the placement of antenna utilizing architectural elements or structures whenever feasible. Such antenna placement is appropriate around window frames, doorways, along guttering, incorporated into penthouses, cupolas, steeples, etc.;

(c) Towers are to be architecturally compatible to the surrounding development(s); and

(d) However, the Board of Aldermen shall not mandate design requirements which have been found to be unreasonable under Missouri law.

4. Accessory Uses.

a. Accessory uses shall include only such structures and equipment as are necessary for transmission and receiving functions and satellite ground stations associated with them and shall not include broadcast studios, offices, vehicle storage area, or other similar uses.

b. Accessory uses/structures shall be placed in an underground vault when located within visual sight of an historic property, or adjacent to or within the public right-of-way.

c. Accessory structures shall be in compliance with the requirements of this Chapter.

5. Exceptions. The Board of Aldermen may reduce the requirements of this Section if the goals of this Section would be better served thereby.

G. Shared Use (Collocation). Although not required pursuant to this Chapter, collocation is encouraged and supported by the City in the process of siting new facilities.

H. All telecommunications towers over fifty (50) feet in height shall be designed to accommodate antennas for more than one (1) user.

I. Abandonment And Removal. If the use of any antenna mounted on a telecommunications tower ceases, and the antenna is not used for a continuous period of twelve (12) months, the antenna shall be considered abandoned, and the owner of such antenna and tower shall remove it within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna and tower is not removed within said ninety (90) days, the City may remove such antenna and tower at the owner's expense. In the event the owner is defunct or cannot be located, the property owner shall be held jointly and severally responsible for the removal of abandoned facilities. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the antennas on the tower.

J. Replacement Or Alteration Of An Existing Communication Tower.

1. The Planning and Zoning Commission may approve the replacement or alteration of an existing telecommunications tower under a current and valid conditional use permit if:

a. All conditions of this Article are otherwise met.

b. The replacement or alteration does not result in an increase in height at or above twenty-five percent (25%) of the height of the existing telecommunications tower.

2. All other replacements or alterations of telecommunications towers shall require a conditional use permit.

K. Required Submittals. The following items are required for any new tower application, existing tower renewal, or collocation as indicated:

1. New Towers. New towers require the submittal of the following items:

a. A site plan;

b. A conditional use permit as detailed in this Section; and

c. Supplemental technical studies as detailed below.

2. Existing Towers. The following items are required for existing telecommunication towers:

a. A conditional use permit renewal per this Section; and

b. Supplemental technical studies as detailed below.

3. Collocations.

a. Definition.

(1) Placing or installing an antenna on an existing telecommunications tower of any height including the placement of additional mounts or other supporting equipment use in connection with said antenna; or

(2) Placing or installing an antenna on an existing structure other than a telecommunications tower (such as a building, sign, light pole, water tower, or other free-standing non-residential structure), provided that:

(a) Such structure is not designated as a historic structure by the Board of Aldermen;

(b) The antenna does not extend horizontally from the side of such structure farther than the minimum necessary for attachment; and

(c) Where the antenna extends horizontally from the side of a building, it is camouflaged by the use of materials, colors, textures, or screening that will visually blend the antenna into the building.

b. Approval Criteria.

(1) The collocation of an antenna shall be approved through the site plan review process found in Section 405.390.

4. The Planning and Zoning Commission or Board of Aldermen may require additional technical studies deemed necessary to fully evaluate the application. Except when mutually agreeable to the applicant and the authority, total charges and fees shall not exceed five hundred dollars ($500.00) for a collocation application or one thousand five hundred dollars ($1,500.00) for an application for a new structure or for a substantial modification of a wireless support structure.

5. Where required by the Planning and Zoning Commission as essential to the evaluation of a proposed location, proposed mounting of an antenna shall be shown by an accurately-scaled photo simulation, from not less than three (3) viewpoints approved by the Planning and Zoning Commission.

6. A map of the City and the first half-mile of all bordering communities showing the design of the applicant's entire existing and proposed wireless telecommunications network. Such map shall, at a minimum, indicate the exact location of all proposed and existing tower and antenna sites, their dimensions, specifications, and signal area coverage. The application will not be evaluated based on the availability of other potential locations for the placement of wireless support structures or wireless facilities, including without limitation the option to collocate instead of construct a new wireless support structure or for substantial modifications of a support structure, or vice versa.

7. Color photo simulations from several different angles 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.

8. A structural integrity study completed and certified by a licensed professional engineer. The study, should include, at a minimum, the following items:

a. Tower type, age, manufacturer, model number, and all current and proposed antennas and their owners;

b. A review of wind and ice load design criteria under current conditions and with the proposed additions/changes; and

c. A statement indicating the condition of the tower's foundation.

9. Tower owners shall provide documentation (i.e., a copy of the FCC Antenna Structure Registration and any other relevant documents) indicating that each telecommunications tower is in compliance with all Federal requirements. A statement declaring that the existing tower is still in compliance and will remain so after any proposed alterations or additions shall be submitted when the structure is altered or antenna(s) added.

10. A copy of an inspection report current within the last three (3) years.

11. Proof of general liability insurance for claims from injury or death and property damage in an amount approved by the City, but not less than two million dollars ($2,000,000.00) per occurrence for personal injury and two million dollars ($2,000,000.00) per occurrence for property damage.

12. The tower owner and/or landowner shall promptly notify the City within thirty (30) days by certified or registered mail of the sale, transfer, or assignment of any tower or telecommunications facility. Each collocation shall be conditioned upon the collocation obtaining the necessary approvals for the subject facility or site from the City prior to siting such facility.

L. Pre-Existing Towers/Non-Conforming Uses. All non-conforming telecommunication towers installed and in use on the date of passage of this Section shall be allowed to continue their present usage as a legal non-conforming use and shall be treated as a non-conforming use in accordance Section 405.300. Periodic structural integrity and inspection reports shall be submitted as required by this Article.

M. Maintenance. Routine maintenance on an existing telecommunications tower shall be permitted without need for a new application unless the structure is being altered beyond what currently exists per the latest approved plan.

N. Denial. Upon denial of a conditional use permit tower application by the Board of Aldermen the applicant or any other person, official or agency who is aggrieved by the final decision may appeal the denial to the Board of Adjustment by filing such appeal within thirty (30) days from receipt of the denial.

O. Preemption. Nothing in this Section shall apply to any application or circumstances where to do so would violate applicable and valid provisions of Federal law or laws of the State of Missouri.

Section 405.281 Small Wireless Facilities.

[Ord. No. 2587, 3-16-2021]

A. Applicability. To the extent permitted by law, this Section shall apply to all persons desiring to construct, operate, or maintain Small Wireless Facilities within the City.

B. Definitions.

1. Definitions And Usage — General. For the purposes of this Section, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number and vice versa, and masculine gender includes the feminine gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated or contrary to the context, terms, phrases, words, and abbreviations not defined herein shall be given the meaning set forth in Section 67.5110 through 67.5121, RSMo., and if not defined therein, the City Code, and, if not defined therein, their common and ordinary meaning. For further convenience, the first letter of terms, phrases, words, and abbreviations defined in this Section have been capitalized, but an inadvertent failure to capitalize such letter shall not affect its meaning, nor shall the inadvertent capitalization of the first letter of a term, phrase, word or abbreviation not defined herein affect the meaning thereof.

2. As used in this Section, the following terms shall have the meanings indicated:

ANTENNA

Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

APPLICABLE CODES

Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes enacted to prevent physical property damage or reasonably foreseeable injury to persons.

APPLICABLE LAW

State and Federal law and regulation applicable to the construction, installation, deployment or Collocation of Wireless Facilities and Utility Poles, including those laws and regulations of general applicability that do not apply exclusively to Wireless Facilities or Wireless Providers such as local ordinances and State law relating to use of Right-of-Way.

APPLICANT

Any person who submits an application and is a wireless provider.

APPLICATION

A request submitted by an applicant to the City for a permit to collocate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole.

CITY UTILITY POLE

A utility pole, as defined below, owned, managed, or operated by or on behalf of the City; except municipal electric utility distribution poles or facilities.

COLLOCATE or COLLOCATION

To install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole.

DECORATIVE POLE

A City Utility Pole that is specially designed and placed for aesthetic purposes.

FEE

A one-time, non-recurring charge.

HISTORIC DISTRICT

A group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the Federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C, or are otherwise located in a district made subject to special design standards adopted by a local ordinance or under State law as of January 1, 2018, or subsequently enacted for new developments.

MICRO WIRELESS FACILITY

A small wireless facility that meets the following qualifications:

(1) Is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height; and

(2) Any exterior antenna no longer than eleven (11) inches.

RATE

A recurring charge.

RIGHT-OF-WAY

The area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including a Federal interstate highway, railroad right-of-way, or private easement.

SMALL WIRELESS FACILITY

A wireless facility that meets both of the following qualifications:

(1) Each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and

(2) All other equipment associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume; and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility.

The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs and related conduit for the connection of power and other services;

SMALL WIRELESS FACILITY PERMIT

A written authorization from a designated City official required by the City to collocate Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way for any purpose.

TECHNICALLY FEASIBLE

By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a reduction in the functionality of the small wireless facility.

UTILITY POLE

A pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities.

WIRELESS FACILITY

Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include:

(1) The structure or improvements on, under, or within which the equipment is collocated;

(2) Coaxial or fiber-optic cable between wireless support structures or utility poles;

(3) Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or

(4) A wireline backhaul facility.

WIRELESS INFRASTRUCTURE PROVIDER

Any person, including a person authorized to provide telecommunications service in the State, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider.

WIRELESS PROVIDER

A wireless infrastructure provider or a wireless services provider.

WIRELESS SERVICES

Any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities.

WIRELESS SERVICES PROVIDER

A person who provides wireless services.

WIRELESS SUPPORT STRUCTURE

An existing structure, such as a monopole or tower, whether guyed or self-supporting, designed to support or capable of supporting wireless facilities; an existing or proposed billboard; an existing or proposed building; or other existing or proposed structure capable of supporting wireless facilities, other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole.

WIRELINE BACKHAUL FACILITY

A physical transmission path, all or part of which is within the right-of-way, used for the transport of communication data by wire from a wireless facility to a network.

C. General Standards.

1. Neither the City, nor any person owning, managing, or controlling City Utility Poles, shall enter into an exclusive arrangement with any person for use or management of the Right-of-Way for the Collocation of Small Wireless Facilities or the installation, operation, marketing, modification, maintenance, management, or replacement of City Utility Poles within the Right-of-Way, or for the right to attach to such City Utility Poles within the Right-of-Way.

2. The City, in applying the provisions of this Section, will act in a competitively neutral manner with regard to other users of the Right-of-Way.

3. Nothing in this Section limits the ability of the City to require an Applicant to obtain one (1) or more permits of general applicability that do not apply exclusively to Wireless Facilities in addition to the Permit required by this Section in order to Collocate a Small Wireless Facility or install a new, modified, or replacement Utility Pole associated with a Small Wireless Facility.

4. The City may require a Permit under Applicable Codes, existing City ordinances, or this Section, with reasonable conditions, for work in a Right-of-Way that will involve excavation, affect traffic patterns, obstruct traffic in the Right-of-Way, or materially impede the use of a sidewalk.

5. A Small Wireless Facility must comply with reasonable, objective, and cost effective concealment or safety requirements determined by the City.

6. Subject to Subsection (D)(8) of this Section, and except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. Section 1.1307(a)(4) of the Federal Communications Commission rules, the City may require reasonable, technically feasible, non-discriminatory, and technologically neutral design or concealment measures, published in advance, for Small Wireless Facilities or Utility Poles placed in a Historic District. Any such design or concealment measures shall not have the effect of prohibiting any Wireless Provider's technology, nor shall any such measures be considered a part of the Small Wireless Facility for purposes of the size restrictions in the definition of Small Wireless Facility.

7. Right-of-Way users, upon adequate notice and at the facility owner's own expense, shall relocate facilities as may be needed in the interest of public safety and convenience.

8. Except as otherwise provided in this Section and Applicable Law, in reviewing applications for Small Wireless Facilities, Wireless Support Structures and Utility Poles, the City will exercise zoning, land use, planning, and permitting authority within its territorial boundaries.

9. Nothing in this Section shall be interpreted to impose any new requirements on cable providers for the provision of such service.

10. Small Wireless Facilities or Utility Poles constructed or operational before August 28, 2018, which were approved by the City by permit or agreement may remain installed and be operated under the requirements of this Section.

D. Permitting Provisions.

1. Permit Requirements — Inside The Right-Of-Way. Any Person desiring to Collocate Small Wireless Facilities, or to install, replace, maintain or operate a Utility Pole, inside the Right-of-Way must first apply for and obtain a Permit, in addition to any other required permit, license, or authorization that is generally applicable and does not apply exclusively to Wireless Facilities.

a. The Collocation of Small Wireless Facilities and the installation, maintenance, modification, operation, and replacement of Utility Poles along, across, upon, and under the Right-of-Way is not subject to zoning review or approval; except that the placement of new or modified Utility Poles in the Right-of-Way in areas zoned single-family residential or as historic as of August 28, 2018, remain subject to any applicable zoning requirements that are consistent with Sections 67.5090 to 67.5103, RSMo.

b. Small Wireless Facilities and Utility Poles shall be installed and maintained so as not to obstruct or hinder the usual travel, including pedestrian travel, or public safety on the Right-of-Way or obstruct the legal use of the Right-of-Way by the City or other authorized Right-of-Way users.

c. A new, replacement, or modified Utility Pole installed in the Right-of-Way shall not be subject to zoning requirements so long as the Utility Pole does not exceed the greater of ten (10) feet in height above the tallest existing Utility Pole in place as of January 1, 2019, located within five hundred (500) feet of the new Utility Pole in the same Right-of-Way, or fifty (50) feet above ground level. A new, modified, or replacement Utility Pole that exceeds these height limits shall be subject to applicable City zoning requirements that apply to other Utility Poles, and that are consistent with Sections 67.5090 to 67.5103, RSMo.

d. New Small Wireless Facilities in the Right-of-Way shall not extend more than ten (10) feet above an existing Utility Pole in place as of August 28, 2018.

e. Small Wireless Facilities on a new Utility Pole shall not extend above the height permitted for a new Utility Pole in Subsection (D)(1)(c) above.

f. A Wireless Provider shall be permitted to replace Decorative Poles when necessary to Collocate a Small Wireless Facility, but any replacement pole shall reasonably conform to the design aesthetics of the Decorative Pole or Poles being replaced. The term "reasonably conform" as used herein, shall mean that the design aesthetics of the replacement pole shall be as nearly identical to the Decorative Pole replaced as is feasible. The Public Works Director is authorized to determine if the replacement pole reasonably conforms, based upon the reasonable objective design standards published in advance by the City.

g. The City may require replacement of a City Utility Pole that is proposed to be used for a Collocation on a non-discriminatory basis for reasons of safety and reliability, including a demonstration that the Collocation would make the City Utility Pole structurally unsound.

2. Permit Requirements — Outside The Right-Of-Way.

a. The Collocation of Small Wireless Facilities in or on property not zoned primarily for single-family residential use is not subject to zoning review or approval.

b. The City will allow Collocation of Small Wireless Facilities on City Wireless Support Structures and City Utility Poles that are located on City property outside the right-of-way to the same extent, if any, that it allows access to such structures for other commercial projects or uses. Any such Collocations shall be subject to reasonable and non-discriminatory rates, fees, and terms as provided in an agreement between the City and the Wireless Provider, and not otherwise governed by this Section.

c. The City shall not enter into an exclusive agreement with a Wireless Provider concerning City Utility Poles or City Wireless Support Structures that are located on City property outside the Right-of-Way, including stadiums and enclosed arenas, unless the agreement meets the following requirements:

(1) The Wireless Provider provides service using a shared network of Wireless Facilities that it makes available for access by other Wireless Providers on reasonable and non-discriminatory rates and terms that shall include use of the entire shared network, as to itself, an affiliate, or any other entity; or,

(2) The Wireless Provider allows other Wireless Providers to Collocate Small Wireless Facilities on reasonable and non-discriminatory rates and terms, as to itself, an affiliate, or any other entity.

3. Permit Process For An Applicant Seeking To Construct Small Wireless Facilities In Or Outside The Right-Of-Way, Or To Install, Replace, Maintain Or Operate A Utility Pole Inside The Right-Of-Way.

a. An Applicant seeking to Collocate Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way, must first submit an Application for a Permit to the Public Works Director. The Public Works Director shall design and make available to Applicants a standard Application form, consistent with the provisions of this Section which all Applicants must use in order to accomplish the purposes of this Section. Except for the requirements in Subsection (D)(3)(b)(2) below, an Applicant shall not be required to provide more information to obtain a Permit under this Section than other communications service providers that are not Wireless Providers.

b. An Application for a Permit shall include the following:

(1) Construction and engineering drawings which demonstrate compliance with the criteria in Subsection (D)(6) of this Section;

(2) An attestation that the Small Wireless Facilities comply with the volumetric limitations in the definition of Small Wireless Facility;

(3) Information on the height of any new, replacement, or modified Utility Pole;

(4) Applicable indemnity, insurance, performance bond information required in Subsection (F) of this Section;

(5) An Applicant that is not a Wireless Services Provider must provide evidence of agreements or plans demonstrating that the Small Wireless Facilities will be operational for use by a Wireless Services Provider within one (1) year after the Permit issuance date, unless the City and the Applicant agree to extend this period or if the Applicant notifies the City the delay is caused by lack of commercial power or communications transport facilities. An Applicant that is a Wireless Services Provider must provide this information by attestation.

(6) Plans and detailed cost estimates for any make-ready work as needed.

(a) The Applicant shall be solely responsible for the cost of any make-ready work; and

(7) Projected commencement and termination dates for the Permit, or if such dates are unknown at the time the Permit is issued, a provision requiring the Permit holder to Public Works Director with reasonable advance notice of such dates once they are determined.

4. Fees And Rates. Each such Application shall be accompanied by payment of fees as designated in this Section.

a. General.

(1) Any fees collected pursuant to this Subsection will be used only to reimburse the City for its actual incurred costs and will not be used to generate revenue to the City above such costs.

(2) The City may not require or accept in-kind services in lieu of any fee.

(3) The rates to Collocate on City Utility Poles shall be non-discriminatory regardless of the services provided by the Collocating Applicant.

b. Application Fee.

(1) The total fee for an Application for the Collocation of a Small Wireless Facility on an existing City Utility Pole is one hundred dollars ($100.00) per Small Wireless Facility.

(2) An Applicant filing a consolidated Application shall pay one hundred dollars ($100.00) per Small Wireless Facility included in the consolidated Application.

(3) The total fee for an Application for the installation, modification, or replacement of a Utility Pole and the Collocation of an associated Small Wireless Facility is five hundred dollars ($500.00) per Utility Pole.

c. Collocation Rate.

(1) The rate for Collocation of a Small Wireless Facility to a City Utility Pole is $_____ per City Utility Pole per year. [NOTE: Cannot exceed one hundred fifty dollars ($150.00) per City Utility Pole per year; however, the amount of this rate will also be limited by the amount of any other recurring costs (e.g., Right-of-Way Permit fees) imposed upon Wireless Providers as provided for in the FCC Declaratory Ruling dated September 27, 2018 (FCC 18-133)]

d. Right-Of-Way Permit Fee.

(1) The total fee for a Right-of-Way permit associated with the installation of Small Wireless Facilities in the Right-of-Way is $_____. [NOTE: These are permit fees established under Section 67.1840, RSMo., for the recovery of actual, substantiated Right-of-Way management costs or as otherwise authorized under Section 229.340, RSMo., and should be adopted under the City's general Right-of-Way management ordinances so that they are applied uniformly and in an non-discriminatory manner; must be competitively neutral with regard to other uses of the Right-of-Way; cannot result in double recovery where existing charges already recover the direct and actual costs of managing the Right-of-way.]

5. Timing For Processing Of An Application.

a. Within fifteen (15) days of receiving an Application, the City shall determine and notify the Applicant, in writing, whether the Application is complete. If an Application is incomplete, the City shall specifically identify the missing information in writing. The processing deadline in Subsection (D)(5)(b) of this Section is tolled from the time the City sends the notice of incompleteness to the time the Applicant provides the missing information. That processing deadline may also be tolled by agreement of the Applicant and the City.

b. The City shall process and approve or deny an Application for Collocation of a Small Wireless Facility within forty-five (45) days of receipt of the Application. The Application shall be deemed approved if not approved or denied within this forty-five-day period.

c. The City shall process and approve or deny an Application for installation of a new, modified, or replacement Utility Pole associated with a Small Wireless Facility within sixty (60) days of receipt of the Application. The Application shall be deemed approved if not approved or denied within this sixty-day period.

d. An Applicant may file a consolidated Application and receive a single Permit for the Collocation of multiple Small Wireless Facilities.

(1) An Application may include up to twenty (20) separate Small Wireless Facilities; provided that they are for the same or materially same design of Small Wireless Facility being Collocated on the same or materially the same type of Utility Pole or Wireless Support Structure, and geographically proximate. The Application shall provide information sufficient for the Public Works Director to determine whether the Applicant has met the requirements of this Subsection. The Public Works Director shall have discretion to determine whether the Application meets the requirements of this Subsection.

(2) If the City receives individual Applications for approval of more than fifty (50) Small Wireless Facilities or consolidated Applications for approval of more than seventy-five (75) Small Wireless Facilities within a fourteen-day period, whether from a single Applicant or multiple Applicants, the City may, upon its own request, obtain an automatic thirty-day extension for any additional Collocation or replacement or installation Application submitted during that fourteen-day period or in the fourteen-day period immediately following the prior fourteen-day period. The City will promptly communicate its request to each and any affected Applicant.

(3) The denial of one (1) or more Small Wireless Facilities in a consolidated Application shall not delay processing or constitute a basis for denial of any other Small Wireless Facilities in the same consolidated Application or the consolidated Application as a whole.

e. The City shall provide a good faith estimate for any make-ready work necessary to enable a City Utility Pole to support the requested Collocation by a Wireless Provider, including pole replacement if necessary, within sixty (60) days after receipt of a complete Application. Make-ready work, including any pole replacement, shall be completed within sixty (60) days of written acceptance of the good faith estimate and advance payment, if required, by the Applicant.

f. An Application that is not acted on within the specified time period is deemed approved.

g. For any Application denied:

(1) The City shall document the complete basis for a denial in writing, and send the documentation to the Applicant on or before the day the City denies the Application.

(2) The Applicant may cure the deficiencies identified by the City and resubmit the Application within thirty (30) days of the denial without paying an additional application fee.

(3) The City shall approve or deny the revised Application within thirty (30) days. Any subsequent review shall be limited to the deficiencies cited in the denial.

h. The City will not institute, either expressly or de facto, a moratorium on filing, receiving, or processing Applications or issuing Permits or other approvals, if any, for the Collocation of Small Wireless Facilities or the installation, modification, or replacement of Utility Poles to support Small Wireless Facilities.

(1) If doing so would be consistent with 47 U.S.C. § 253(a), particularly as interpreted by the FCC's Declaratory Ruling adopted on August 2, 2018 (FCC 18-111), the City may institute a temporary moratorium on Applications for Small Wireless Facilities and the Collocation thereof for no more than thirty (30) days in the event of a major and protracted staffing shortage that reduces the number of personnel necessary to receive, review, process, and approve or deny applications for the Collocation of Small Wireless Facilities by more than fifty percent (50%).

6. Denial Of An Application. An Application for a proposed collocation of a Small Wireless Facility or installation, modification, or replacement of a Utility Pole otherwise meeting the requirements of Subsections (D)(1)(a) or (D)(2)(a) may be denied if the action proposed in the Application could reasonably be expected to:

a. Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;

b. Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;

c. Materially interfere with compliance with the Americans with Disabilities Act, or similar Federal or State standards regarding pedestrian access or movement;

d. Materially obstruct or hinder the usual travel or public safety on the Right-of-Way;

e. Materially obstruct the legal use of the Right-of-Way by the City, utility, or other third party;

f. Fail to comply with Applicable Codes, including nationally recognized engineering standards for Utility Poles or Wireless Support Structures;

g. Fail to comply with the reasonably objective and documented aesthetics of a Decorative Pole and the Applicant does not agree to pay to match the applicable decorative elements;

h. Fail to comply with reasonable and non-discriminatory undergrounding requirements contained in City ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing Utility Poles in a Right-of-Way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such Utility Poles and do not prohibit the replacement or modification of existing Utility Poles consistent with Applicable Law or the provision of Wireless Services; or

i. Any other reason not prohibited by Applicable Law.

7. Approval Of An Application.

a. The Public Works Director shall review each Application for a Permit and, upon determining that: 1) the Applicant has submitted all necessary information; 2) there is no basis under Subsection (D)(7) to deny the Application; and 3) the Applicant has paid the appropriate Fee, the Public Works Director shall issue the Permit.

b. If the City approves an Application, the Applicant is authorized to:

(1) Undertake the installation or Collocation;

(2) Operate and maintain the Small Wireless Facilities and any associated Utility Pole covered by the Permit for a period of not less than ten (10) years, which shall be renewed for equivalent durations so long as they are in compliance with the criteria listed in Subsection (D)(6) of this Section.

c. The City may approve a Permit subject to a reservation to reclaim space on the Utility Pole, when and if needed, to meet the Utility Pole owner's core utility purpose or a documented City plan projected at the time of the Application.

8. No Application Required. No Application is required for:

a. Routine maintenance on previously permitted Small Wireless Facilities;

b. The replacement of Small Wireless Facilities with Small Wireless Facilities that are the same or smaller in size, weight, and height; or

c. The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between Utility Poles in compliance with Applicable Codes.

A person performing the permitted acts under this Subsection may be required to provide the City with a description of any new equipment installed so that the City may maintain an accurate inventory of the Small Wireless Facilities at a particular location.

E. Construction Standards.

1. The construction, operation, maintenance, and repair of Small Wireless Facilities shall be in accordance with Applicable Codes and relevant City ordinances pertaining to construction, operation, maintenance, and repair inside or outside the Right-of-Way.

2. All Small Wireless Facilities shall be installed and located with due regard for minimizing interference with the public and with other users of a Right-of-Way, including the City.

3. An Applicant shall not place Small Wireless Facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the various utilities serving the residents and businesses in the City of their use of any Right-of-Way.

4. Any and all Rights-of-Way disturbed or damaged during the construction of Small Wireless Facilities shall be promptly repaired or replaced by the Applicant to its functional equivalence as existed before the disturbance or damage.

5. Any Wireless Infrastructure Provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances.

6. Each Wireless Infrastructure Provider, contractor or subcontractor shall have the same obligations with respect to its work as Wireless Services Provider would have hereunder and Applicable Law if the work were performed by the Wireless Services Provider. The Wireless Services Provider shall be responsible for ensuring that the work of Wireless Infrastructure Providers, contractors or subcontractors is performed consistent with their Permits and Applicable Law, and shall be responsible for promptly correcting any acts or omissions by a Wireless Infrastructure Provider, contractor or subcontractor.

F. Indemnity, Insurance, Performance Bonds:

1. Indemnity.

a. Wireless Providers shall indemnify and hold the City, its officers and employees harmless against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors.

2. Insurance. [NOTE: Per Section 67.5121.3, RSMo., the City may only impose insurance requirements on Wireless Providers if it also imposes similar insurance requirements on other similarly situated Right-of-Way users, and such insurance requirements are reasonable and non-discriminatory. If the City does not impose such insurance requirements on other Right-of-Way users, Subsection (F)(2) should not be adopted.]

a. As part of the Permit process, a Wireless Provider must provide proof of liability insurance coverage against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors. The Wireless Provider's liability insurance policy must name the City or its officers and employees as additional insureds.

b. In the alternative, a Wireless Provider must demonstrate that it has in effect a comparable self-insurance program.

3. Performance Bond. [NOTE: Per Section 67.5121.4, RSMo., the City may only impose bonding requirements on Wireless Providers if it also imposes similar bonding requirements in connection with permits issued for other similarly situated Right-of-Way users. If the City does not impose such bonding requirements on other Right-of-Way users, Subsection (F)(3) should not be adopted.]

a. As part of the Permit process, a Wireless Provider must post a performance bond of $_____ per Small Wireless Facility. [NOTE: Not to exceed one thousand five hundred dollars ($1,500.00) per Small Wireless Facility and the total bond amount across all facilities cannot exceed seventy-five thousand dollars ($75,000.00), which amount may be combined into one (1) bond instrument.]

b. The purpose of the performance bond is to:

(1) Provide for the removal of abandoned or improperly maintained Small Wireless Facilities, including those that the City determines need to be removed to protect public health, safety, or welfare;

(2) Restore the Right-of-Way in connection with removals of Small Wireless Facilities from the Right-of-Way; and

(3) Recoup rates or fees that have not been paid by a Wireless Provider in over twelve (12) months, provided the Wireless Provider has been provided with reasonable notice form the City and has been given the opportunity to cure.

c. Upon completion of the work associated with the Small Wireless Facilities covered by the performance bond to the satisfaction of the Public Works Director, the Public Works Director shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established by the Public Works Director considering the nature of the work performed.

d. Recovery by the City of any amounts under the performance bond or otherwise does not limit an Applicant's duty to indemnify the City in any way, nor shall such recovery relieve an Applicant of its obligations under a Permit or reduce the amounts owed to the City other than by the amounts recovered by the City under the performance bond, or in any respect prevent the City from exercising any other right or remedy it may have.

4. Exemption.

a. Applicants that have at least twenty-five million dollars ($25,000,000.00) in assets in the State and do not have a history of permitting non-compliance within the City's jurisdiction shall be exempt from the insurance and bonding requirements otherwise required by this Section. The City may require an Applicant to provide proof by affidavit that its assets meet or exceed this requirement at the time of filing the Application.

G. Miscellaneous Provisions.

1. Compliance With Laws. Each Applicant shall comply with all applicable City ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established, to the extent that they are consistent with State and Federal law.

2. Franchises Not Superseded. Nothing herein shall be deemed to relieve an Applicant of the provisions of an existing franchise, license or other agreement or permit.

3. Rights And Remedies.

a. The exercise of one (1) remedy under this Section shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an Applicant of its obligations to comply with its Permits. Remedies may be used alone or in combination; in addition, the City may exercise any rights it has at law or equity.

b. The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Section.

c. No Applicant shall be relieved of its obligation to comply with any of the provisions of this Section by reason of any failure of the City to enforce prompt compliance.

4. Incorporation By Reference. Any Permit granted pursuant to this Section shall by implication include a provision that shall incorporate by reference this Section into such Permit as fully as if copied therein verbatim.

5. Calculation Of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Section or any Permit, and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

6. Severability. If any term, condition, or provision of this Section shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in Applicable Law so that the provision that has been held invalid is no longer invalid, said provisions shall there upon return to full force and effect without further action by the City and shall thereafter be binding on the Applicant and the City.

H. Annexation. The provisions hereof shall specifically apply to any lands or property annexed as the date of such annexation.

I. Relocation Of Facilities. Whenever, by reason of changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer, or other City-owned underground or above-ground structure, it is deemed necessary by the City, in the interest of public safety and convenience, to move, alter, or change the location of underground or above-ground facilities of a Wireless Provider, the Wireless Provider shall relocate such facilities, on alternative Right-of-Way provided by the City, if available, upon adequate notice, in writing, by the City, without claim for reimbursement or damages against the City.

J. Standards Applicable To City. Any standards in this Section relating to Small Wireless Facilities shall be fully applicable to work performed by the City and its departments.

K. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplement or otherwise nullify any other ordinances of the City or requirements thereof, whether or not relating to or in any manner connected with the subject written hereof, unless expressly provided otherwise herein or hereafter.

Section 405.284 Standby Generator Use And Fuel Storage.

[Ord. No. 2978, 12-16-2025]

A. Purpose. The purpose of this Section is to establish regulations governing the installation and operation of large-scale standby generators that are located at sites on a long-term basis. This Section is also intended to provide regulations related to on-site fuel storage associated with standby generators. These regulations are not intended to apply to small, portable generators associated with residential uses or to generators used temporarily for construction purposes.

B. Definitions. The following terms shall be defined, for purpose of this Section, as follows:

A-WEIGHTING SOUND LEVEL

Shall mean the sound pressure level in decibels as measured on a sound level meter using an A-weighting network. The level so read is designated dB(A).

AMBIENT NOISE LEVEL

Shall mean the A-weighted sound pressure level of all the encompassing noise associated with a given environment, being usually a composite of sounds from many sources."

EMERGENCY

Shall mean "an unforeseen event or condition that results in an interruption of primary power supply, including but not limited to, utility outages, natural disasters, equipment failure, or other circumstances that disrupt the normal supply of electricity to a structure. This term shall not include a situation where the owner or operator of a property caused the primary power supply interruption."

EMERGENCY ELECTRICAL POWER

Shall mean "electricity required during an emergency."

FUEL

Shall mean "diesel, gasoline, natural gas, liquid propane, or any other combustible or flammable material used to operate an internal combustion engine."

FUEL STORAGE FACILITY

Shall mean "any aboveground or underground tank, container, or similar device designed, installed, and maintained to store fuel on-site for use in one (1) or more emergency generators. This definition includes all tanks, piping, valves, fittings, spill prevention equipment, fire suppression systems, and any other equipment necessary to safely store, contain, deliver fuel to a standby generator, and receive deliveries of fuel from a re-supply truck."

LARGE-SCALE

Shall mean "the use of four (4) or more standby generators at any single site."

LONG-TERM

Shall mean "standby generators that are located on a site year-round, in one (1) spot, not regularly transported or moved, specifically dedicated to serving the property during emergencies. Long-term does not preclude removing a standby generator for service or replacement."

PRIMARY POWER SUPPLY

Shall mean "electrical power that is supplied by Ameren Missouri, Cuivre River Electric Cooperative, or another regulated electric supply company, via transmission lines run to a structure."

SLOW RESPONSE

Shall mean "a metering function to be used in measurement of sound for determination of enforcement of the objective sound standards - allowable levels stated within this Section."

SOUND

Shall mean "an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium resulting in air pressure variations perceptible by the human ear. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency."

SOUND LEVEL METER

Shall mean "any instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound pressure levels in a specified manner which complies with Type 2 of better standards established in the ANSI S1.4-1971 "Specification for Sound Level Meters."

SOUND SOURCE

Shall mean "the location or property from which a sound emanates."

STRUCTURE

Shall mean "any building, facility, property, or system that is constructed, installed, or otherwise established to serve a functional or supportive purpose, including any component parts or improvements thereto."

C. Standby Generator Use, Generally.

1. Standby generators may be operated as an accessory use intended to supply a structure with emergency electrical power during times when the primary power supply to such structure is interrupted due to an emergency.

2. Standby generators shall not be used to supplement or replace the primary power supply during non-emergency periods.

D. Location And Screening Requirements.

1. A standby generator shall be located as close as practicable to the structure for which it will supply emergency electrical power. Standby generators shall not be placed less than 100 feet from the lot line of any adjacent property.

2. Standby generators shall be installed on a long-term basis and affixed to a paved or concrete surface designed to facilitate normal servicing and routine maintenance checks to ensure there is no hazardous material leaking from the standby generator.

3. Standby generators shall be located and screened to minimize visual and auditory impacts on adjacent properties. Screening with landscaping, fencing, or walls is required where generators are visible from public rights-of-way or from properties used for residential purposes. Screening shall be maintained in good condition and shall not obstruct necessary airflow for standby generator intake or exhaust.

E. Use, Testing, And Maintenance.

1. Standby generators shall not operate continuously, except during times when primary power supply is interrupted due to an emergency and emergency electrical power is required. Standby generator use shall terminate not more than two (2) hours following the restoration of the primary power supply.

2. Standby generator testing shall occur only between 8:00 A.M. and 5:00 P.M., Monday through Friday. Written testing schedules and logs indicating when such testing occurred must be maintained on-site and made accessible to the City upon request.

3. The owner or operator of the property on which standby generators are located shall routinely inspect all standby generators, at least quarterly, which inspection shall ensure the generator is in good working order and free of hazardous material discharge. Written inspection schedules and logs indicating when such inspections occurred and the result of such inspections must be maintained on-site and made accessible to the City upon request.

4. A permanent, clearly visible sign shall be posted in the immediate vicinity of each standby generator indicating emergency shutdown procedures, fuel hazards, and contact information for responsible personnel.

F. Emissions, Noise, And Environmental Compliance.

1. Standby generators must comply with all Federal, State, and local environmental regulations, including air quality and emissions standards.

2. Standby generators shall be screened, situated, or equipped with sufficient noise mitigation devices, such as a muffler, acoustical enclosure, or similar apparatus, to minimize sound emissions in accordance with the standards provided below:

a. Standby generator operation shall not exceed sound levels of 60 dB(A), as measured pursuant to Subsection (F)(2)(b) below.

b. To determine compliance with the maximum sound level set forth herein, the following techniques for the measurement and reporting of sound shall be implemented:

(1) Measurement Location. Measurement of sound shall be made at the lot line of the complaining party nearest to the sound source that forms the basis of the complaint.

(2) Calibration. All sound level measuring devices must be calibrated by a certified agency or the City.

(3) Sound Level Meter. Sound level measurement shall be made with a sound level meter using the A-weighting sound level scale set on "slow" response. Sound level meters shall be at least Type S1A meeting American National Standard Institute requirements set forth in ANSI/ASA S1.4-1971.

(4) Measurement Procedures. The following procedures must be followed to obtain representative sound level measurements.

(a) Measurements shall be taken at least three (3), but no more than ten (10), feet above the ground.

(b) Measurement shall be taken at location on the complainant's property with a line of sight to the complained of sound source, if possible.

(c) Measurements made in sustained winds over ten (10) knots may be subject to review and considered invalid. Precipitation or other sounds which result in a difference of less than 10 dB(A) between the background or ambient noise level and the sound source being measured may also invalidate measurements.

(d) Measurements must be made with the sound level meters set for "A" weighting and "slow" response.

(e) Measurements are to be made for a fifteen (15) minute period with the sound level meter in the "averaging" or Leq mode. Measurements shall be made over a continuous period, unless a transient event which is easily identified, such as an aircraft overflight, occurs. In this case, the averaging period may be paused for the duration of the transient event and the measurement restarted when the transient event sound level is 10 dB(A) below the sound being measured.

(5) Measurement Documentation. A record of all sound level measurements must be completed and signed by the person taking the measurements. Such record sheet should include:

(a) Date;

(b) Time of measurement;

(c) Location (street address if possible);

(d) Sound source;

(e) Wind speed and direction (measured, estimate, or from airport or weather service records);

(f) Temperature;

(g) Relative humidity;

(h) Make, model, and serial number of sound level meter, date of last certification/calibration;

(i) Field calibration results;

(j) Ambient (background) noise level; and

(k) Name of complainant (if available).

G. Fuel Storage. Storing fuel for use in standby generator shall comply with the following regulations.

1. Fuel Storage Facility Design, Installation, And Maintenance.

a. A fuel storage facility shall be located as close as practicable to the standby generator(s) for which it will supply fuel. Fuel storage facilities shall comply with the same setback regulations applicable to standby generators provided in Section 405.284(D)(1). Fuel storage facilities shall be located and screened to minimize visual and auditory impacts on adjacent properties. Screening with landscaping, fencing, or walls is required where fuel storage facilities are visible from public rights-of-way or properties used for residential purposes. Screening shall be maintained in good condition and shall not obstruct the operation or safety features of the fuel storage facility.

b. Fuel storage facilities shall be designed, operated, and maintained in compliance with all applicable Missouri and Federal laws, rules, and regulations.

c. A permanent, clearly visible sign shall be posted in the vicinity of each fuel storage facility, indicating emergency shutdown procedures, fuel hazards, and contact information for responsible personnel.

d. In any site plan process that includes on-site fuel storage for emergency generators, the applicant shall bear the burden of demonstrating, to the satisfaction of the Board of Aldermen, that the fuel storage facilities are adequately designed to prevent the release of fuel or other hazardous materials into the environment, including groundwater contamination in the event of a spill, leak, or other failure.

2. Fuel Delivery And Handling.

a. Fuel delivery to the site shall occur only between 8:00 A.M. and 5:00 P.M., Monday through Friday. Notwithstanding the foregoing, if there exists an emergency requiring emergency electrical power where the primary power supply is completely interrupted, fuel delivery may occur outside of the aforementioned hours. For purposes of these regulations, "fuel delivery" includes both: (1) the act of bringing fuel onto the site for transfer into a fuel storage facility; and (2) any operation involving the pumping of fuel from a fuel storage facility into a transfer vehicle for the purpose of replenishing the facility with fresh fuel. Written fuel delivery schedules and logs must be maintained on-site.

b. Fuel deliveries shall occur only at a designated fueling area shown on an approved site plan.

c. Fuel delivery shall occur, and fueling areas shall be designed, operated, and maintained in compliance with all applicable Missouri and Federal laws, rules, and regulations.

d. No fuel tanker trucks shall remain on-site for more than twenty-four (24) hours unless specifically authorized as part of an approved emergency operation.

H. Site Plan. The installation of standby generators and related fuel storage facilities shall be subject to the site plan process provided in Section 405.390. In addition to the applicable requirements of Section 405.390, the site plan shall show:

1. The location of all standby generators and associated fuel storage facilities and fueling areas, if applicable, on the proposed site;

2. Details of all required screening, noise mitigation, and fuel storage facility safety measures described herein; and

3. All associated access and servicing areas.

Following approval of a site plan, any increase in the number of standby generators or fuel storage facilities shall be subject to the site plan process provided in Section 405.390, as described herein. Notwithstanding the foregoing, replacement and maintenance of existing standby generators or fuel storage facilities with substantially similar equipment shall not be subject to the site plan process.

Section 405.285 Location of Outdoor Pools.

[Ord. No. 2860, 5-7-2024[1]]

No portion of a swimming pool outside a building shall be located at a distance less than eight (8) feet from any side or rear property line or building line. Pumps, filters, pool water disinfecting equipment, and all other related equipment shall be located at a distance not less than eight (8) feet from any side or rear property line.

[1] Editor's Note: Former Section 405.285, Planned Unit Developments, which derived from R.O. 2006 §400.285; Ord. No. 973 §I, 11-18-1997; Ord. No. 2268 §I, 5-3-2016, was repealed 7-19-2022, by Ord. No. 2698. See now Section 405.125, Planned Unit Development, of this Chapter.

Section 405.286 Individual Lot Multi-Family Development.

[Ord. No. 2231 §I, 6-16-2015; Ord. No. 2330 § I, 4-18-2017]

A. Non-Conforming Developed Lots. Individual residential lots with prior conditional use approval for multifamily housing such as duplexes, triplexes and quadplexes, that were resubdivided via metes and bounds and recorded with the Warren County Recorder of Deeds after approval by the City of the original subdivision plat and constructed prior to the passage of this Section shall heretofore be legal, non-conforming, buildable lots under the City's Zoning Code. Any legal non-conforming lot shall meet all the requirements of Section 405.295 of this Code. Any structure rebuilt on a legal non-conforming lot shall meet all applicable building setback requirements, except when a duplex, triplex or quadplex is rebuilt on the prior footprint of the original structure.

B. Undeveloped Multifamily Lots. Individual, undeveloped lots conditionally approved for a multifamily residence prior to the passage of this Section may develop a single-family residence, duplex, triplex or quadplex and resubdivide the lot below the applicable minimum lot size with an approved lot specific conditional use permit, as set forth below. A conditional use permit to develop an undeveloped multifamily lot must be submitted for each lot proposed to be developed. Approval of more than one (1) undeveloped multifamily lot may be requested on the same conditional use permit application. Any subdivision conditionally approved for multifamily housing, including duplexes, triplexes and quadplexes, approved after June 16, 2015, is ineligible for a conditional use permit for an individual lot multifamily development and cannot be resubdivided below the applicable minimum lot size as set forth in the City's zoning ordinance.

C. Conditional Use Permit Requirements. Prior to submitting an application for a conditional use permit for an undeveloped multifamily lot development, the applicant must comply with Section 405.340 of the City's Zoning Code and provide the following additional information:

1. Drawing. A plot plan drawing prepared by a registered professional engineer and/or surveyor showing all of the proposed improvements to the lot, including but not limited to the structure(s), driveways, sidewalks, decks, porches, cantilevers/overhangs and utilities. Additionally, the plot plan drawing shall show the proposed lot split, easements, and building/setback lines.

2. Deed Restrictions. This plat is approved by the City of Warrenton Ordinance # _____. Any structure rebuilt that requires a modification of the original building footprint(s) approved by such ordinance is prohibited unless approved by a new City ordinance. This property is subject to all City of Warrenton building codes and zoning ordinances.

D. Approval And Conditions. Any undeveloped multifamily lot development shall contain at least the following conditions for an approved conditional use permit:

1. Commencement Of Construction. Construction of any residence must begin within one hundred eighty (180) days of the approval of any conditional use permit, or the approval is void.

2. Recording/Final Survey. No document representing the subdivision of the lot shall be recorded unless it contains the signature of the Mayor acknowledging such compliance and approval. The approved resubdivided lot per the approved conditional use permit shall be recorded with the Warren County Recorder of Deeds, and a copy shall be provided to the City, prior to the issuance of the building permit. Prior to the issuance of an occupancy permit, a final sealed survey shall be provided to the City that contains the approved lot lines and improvements. Additionally, the survey shall contain an acknowledgement that the building and all improvements have been constructed per the plans submitted and approved with the lot specific conditional use permit and that the approved deed covenant and/or restrictions have been properly recorded.

3. Reestablishment Of Original Lot. No residence shall be allowed to be constructed on an approved subdivided lot unless it is constructed pursuant to the approved plans. The recorded resubdivided lot per the approved conditional use permit shall be prohibited from being reestablished to the original lot unless the reestablished lot meets all of the requirements of Chapter 410, Subdivision Requirements.

E. Certified Copies For The City. A certified copy of the recorded lot split survey, deeds and the recorded covenants and restrictions shall be provided to the City within ten (10) days of recording said documents with the Warren County Recorder of Deeds.

Section 405.287 Regulations for Group Home Providers.

[Ord. No. 2481, 7-16-2019]

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

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

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

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

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

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

Section 405.288 Personal Marijuana Cultivation — An Accessory Use in All Zoning Districts.

[Ord. No. 2747, 3-21-2023]

A. On any lot used for residential purposes in the City of Warrenton, a person possessing a current, valid qualifying patient cultivation identification card or consumer cultivation identification card issued by DHSS (collectively, "identification card"), may, as an accessory use to the residential use, cultivate marijuana as permitted by Article XIV, Sections 1 and 2 of the Missouri Constitution, as amended, so long as all the following conditions are met:

1. The cultivation must take place only in a facility that is enclosed, locked, and equipped with security devices, as defined in 19 CSR 30-95.010, as amended ("cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient, such patient's primary caregiver, or the consumer cultivator in accordance with all applicable laws and regulations.

a. The DHSS-issued identification card must be clearly displayed within the cultivation area and in close proximity to the marijuana plants as required by State regulations.

b. The cultivation area must have an odor control system that is at least as stringent as that which is required by State regulations and which complies with the applicable ordinances of the City of Warrenton.

2. Qualifying Patient Cultivation Limits.

a. One (1) qualifying patient, or the primary caregiver for that person on their behalf, may cultivate up to six (6) flowering marijuana plants, six (6) non-flowering marijuana plants [over fourteen (14) inches tall], and six (6) clones [plants under fourteen (14) inches tall] at any given time in a single, enclosed locked facility.

b. Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility. No more than twelve (12) flowering marijuana plants, twelve (12) non-flowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional non-flowering marijuana plants, and six (6) additional clones for a total of eighteen (18) flowering marijuana plants, eighteen (18) non-flowering marijuana plants, and eighteen (18) clones in a single, enclosed locked facility.

c. All cultivated flowering marijuana plants in possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.

d. All patient marijuana cultivation must cease immediately upon the expiration, suspension, or revocation of the DHSS-issued qualifying patient cultivation identification card.

e. Nothing herein shall convey or establish a right to cultivate medical marijuana in facility or premises where State or Federal law or a private contract would otherwise prohibit doing so.

3. Consumer Cultivation Limits.

a. All consumer cultivation must take place at a private residence.

b. No more than twelve (12) flowering marijuana plants, twelve (12) non-flowering plants fourteen (14) inches tall or more, and twelve (12) non-flowering plants under fourteen (14) inches tall may be cultivated by consumers at a single private residence, regardless of the number of consumers who live at that private residence.

c. Plants and marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an enclosed, locked facility.

d. All cultivated flowering marijuana plants in the possession of a consumer shall be clearly labeled with the consumer's name.

e. All consumer cultivation must cease immediately upon the expiration, suspension, or revocation of the DHSS-issued consumer cultivation identification card.

B. Any terms used in this Section but not defined herein or elsewhere in the Municipal Code shall have the meaning provided in the applicable State regulations, as amended.

Section 405.289 Minimum Site Design Requirements for Single-Family Attached Dwellings.

[Ord. No. 2957, 8-19-2025]

A. Purpose. This Section is intended to:

1. Recognize the benefits associated with the development of single-family attached dwellings, such as reduced costs for land development and energy efficiency.

2. Promote an aesthetically appealing building design by incorporating traditional residential forms, such as porches, gables, bay windows, color, and texture into the design of single-family attached dwellings.

3. Promote residential developments that are distinctive, have character, and connect to the community.

4. Provide variety and visual interest in the exterior design of residential buildings.

B. The design standards for the construction of single-family attached dwellings shall be part of the site plan process and shall be reviewed by the Planning and Zoning Commission with approval by the Board of Aldermen.

C. Application. To the extent permitted by law, this Section shall apply to all persons or entities desiring to construct single-family attached dwellings in the "R-3" High-Density Residential District as part of a conditional use permit.

D. Design Standards. All single-family attached dwellings shall be designed and constructed to meet the following standards:

1. Site Design. To the maximum extent feasible, the primary entrance and façade of all single-family attached dwellings shall be oriented towards primary streets or a green space, such as an interior courtyard, park, or on-site natural area. Site design should observe natural surveillance by arranging parking areas, sidewalks, and green spaces in such a way which displays the area as residential in which illegal activity will be observed and reported. Lighting and landscaping shall allow for safety and visibility of public and semi-public areas.

2. Building Elevations. No two (2) adjacent buildings containing single-family attached dwellings shall have an identical front elevation design. This provision is intended to promote the construction of single-family attached dwellings which are distinguishable from other adjacent dwelling units.

3. Character. To prevent an appearance of over-conformity in building design and to create visual interest, each single-family attached dwelling shall include architectural elements which aid in eliminating the perception of monotonous building mass by breaking up long blank walls, expressing the individuality of each single-family attached dwelling, and enhancing the character of the neighborhood.

4. Windows. Windows shall provide relief, detail, and variation on the façade of a single-family attached dwelling. Windows shall be required on facades facing streets or common areas such as alleys, courtyards, and green space. Windows part of garage doors shall not meet this requirement.

5. Blank Walls. Exterior blank walls, considered to be building faced sections without windows or doors, which are greater than twenty (20) feet in length shall not be allowed along facades facing streets or common areas.

6. Roofs. Roof forms shall complement neighboring properties :and shall use roof pitch and overhangs similar to that of neighboring structures. The roof over each dwelling unit within a single-family attached dwelling shall be separated by partition or other demarcation.

7. Exterior Stairs. Exterior stairs, such as a fire escape and exterior stairs providing access to an upper floor, are not allowed on any façade that faces a street.

8. Landscaping. All landscaping shall comply with Section 405.265.

9. Fences. All fences and privacy screens shall comply with the fence regulations as provided in Chapter 420.