[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.
[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.
ONGOING OUTDOOR DISPLAYS OF MERCHANDISE
RETAIL SALES
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:
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.
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:
(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:
(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.
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.
[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.
[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.
[Ord. No. 2467, 4-17-2018; Ord. No. 2747, 3-21-2023]
A.
CHILD DAY CARE CENTER
CHURCH
ELEMENTARY OR SECONDARY SCHOOL
THEN-EXISTING
Definitions. For purposes of this Section, the following terms shall
have the meanings set forth herein:
A child care facility, as defined by Section 210.201, RSMo.,
as amended, that is licensed by the State of Missouri.
A permanent building primarily and regularly used as a place
of religious worship.
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.
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.
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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.
[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.
[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.
[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.
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.
[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]
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.
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
|
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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.
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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.
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.
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.
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).
[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.
[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.
[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.
[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.
|
[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.
TELECOMMUNICATIONS TOWER
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
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:
ALTERNATIVE COMMUNICATION TOWER STRUCTUREMan-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNAAny 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.
ANTENNA FOR NON-COMMERCIAL USEAny 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.
ANTENNA, PANELAn 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.
ANTENNA SUPPORT STRUCTUREAny mast, pole, tripod, tower or similar structure used to support an antenna.
ANTENNA SYSTEMThe combination of an antenna and antenna support structure.
ANTENNA SYSTEM HEIGHTThe 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.
ANTENNA TOWERA 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.
ANTENNA, WHIPAn 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.
COAXIAL CABLEA cable consisting of one (1) or more cylinders with a single wire running down the center of each cylinder.
MASTAny 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.
MICROWAVEElectromagnetic 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.
MICROWAVE RADIOA line-of-sight radio transmission using very short wavelengths, corresponding to a frequency of one thousand (1,000) megahertz or greater.
RADIO TRANSMITTING AND RECEIVING ANTENNAAn 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.
SATELLITE PARABOLIC OR DISH RECEIVING ANTENNAA 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.
SATELLITE RELAYAn active or passive satellite repeater that relays signals between two (2) Earth terminals.
STANDARD RESIDENTIAL RECEIVING ANTENNAAn 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.
TELECOMMUNICATIONS CARRIERA 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.
TELECOMMUNICATIONS FACILITIES EQUIPMENT SHELTERA 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.
TOWER COMPANYA company that owns, operates and maintains the tower infrastructure.
TOWER, GUYEDA 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.
TOWER, LATTICEA tower characterized by an open frame-work of lateral cross-members that stabilize the structure.
TOWER, MONOPOLEA telecommunications tower consisting of a single pole, constructed without guy wires and ground anchors.
TOWER, SELF-SUPPORTINGA lattice telecommunications tower that is constructed without guy wires and ground anchors.
WIRELESS TELECOMMUNICATIONThe 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.
WIRELESS TELECOMMUNICATION FACILITYA 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:
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.
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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.
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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.
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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.
K.
Required Submittals. The following items are required for any new
tower application, existing tower renewal, or collocation as indicated:
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.
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:
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.
[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.
ANTENNA
APPLICABLE CODES
APPLICABLE LAW
APPLICANT
APPLICATION
CITY UTILITY POLE
COLLOCATE or COLLOCATION
DECORATIVE POLE
FEE
HISTORIC DISTRICT
MICRO WIRELESS FACILITY
RATE
RIGHT-OF-WAY
SMALL WIRELESS FACILITY
(1)
(2)
SMALL WIRELESS FACILITY PERMIT
TECHNICALLY FEASIBLE
UTILITY POLE
WIRELESS FACILITY
(1)
(2)
(3)
(4)
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
WIRELINE BACKHAUL FACILITY
As used in this Section, the following terms shall have the
meanings indicated:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
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.
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.
Any person who submits an application and is a wireless provider.
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.
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.
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.
A City Utility Pole that is specially designed and placed
for aesthetic purposes.
A one-time, non-recurring charge.
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.
A small wireless facility that meets the following qualifications:
A recurring charge.
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.
A wireless facility that meets both of the following qualifications:
Each wireless provider's antenna could fit within an enclosure
of no more than six (6) cubic feet in volume; and
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.
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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;
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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.
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.
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.
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:
The structure or improvements on, under, or within which the
equipment is collocated;
Coaxial or fiber-optic cable between wireless support structures
or utility poles;
Coaxial or fiber-optic cable not directly associated with a
particular small wireless facility; or
A wireline backhaul facility.
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.
A wireless infrastructure provider or a wireless services
provider.
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.
A person who provides wireless services.
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.
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;
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.
[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.
[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.
[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
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.
[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.
