Cross Reference — As to storage container regulations, see ch. 535.
[R.O. 2014 §410.010; Ord. No. 201 §601, 11-14-1967; Ord. No. 1072 §1, 4-8-2004; Ord.
No. 1077 §1, 6-10-2004; Ord. No. 1441 §1, 6-10-2010; Ord.
No. 1916, 5-28-2020[1]]
A.
Intent. Building additions or improvements are to be attached to the principal building in a manner consistent with the zoning provisions of this Chapter and the Building and Construction Codes (Chapter 500). When not so attached, buildings or uses shall be deemed either accessory structures or accessory uses and be in compliance with the requirement of this Section.
B.
Accessory
Buildings — Development Criteria.
1.
Zoning. Accessory buildings as defined in Section 400.080 and as regulated herein are permitted in any district. However, no accessory building shall be constructed or placed on any lot prior to the start of construction of the principal building to which it is accessory, except as provided in this Section.
2.
Location And Placement.
a.
Residential Districts. No accessory building hereafter constructed
within the "R-1," "R-2," "R-3" and "R-4" districts shall:
(1)
Be placed between the front of the principal building and the
front property line.
(2)
Be placed closer than ten (10) feet from the principal building,
or closer than five (5) feet from any other building on the lot.
(3)
Be placed closer than five (5) feet to the rear property line.
(4)
For interior lots, be placed closer than five (5) feet to the
side property line.
(5)
For corner or external lots, be placed closer than twenty (20)
feet to the side lot line adjacent to the street right-of-way. Setbacks
from interior side yard lot lines for comer and external lots shall
be at least five (5) feet.
(6)
On reversed corner lots, be placed closer to the side yard adjacent
to the street than the abutting required front yard of the adjoining
lot. Setbacks from interior side yard lot lines for reverse corner
lots shall be at least five (5) feet.
(7)
Encroach into any public easement.
(8)
Be used as a sleeping quarters.
(9)
Be used for any purpose other than that which is accessory to
the use of the property.
(10)
Be used by anyone other than a resident of the premises.
b.
Non-Residential Districts. The following shall apply to accessory
buildings hereafter constructed within the "A," "B-1," "B-2," "B-3,"
"I-1" and "I-2" zoning districts:
[Ord. No. 1976, 1-14-2021]
(1)
No accessory building shall occupy a required front yard setback.
(2)
No accessory building shall encroach into any easement.
(3)
Accessory buildings may be placed zero (0) feet from any interior
side or rear property line unless the lot abuts a residential dwelling
or a lot zoned for residential purposes, in which case a minimum setback
of fifteen (15) feet shall apply. However, in no case shall an accessory
use be within a dedicated buffer area, if present.
(4)
For corner or external lots, accessory buildings shall be placed
a minimum of fifteen (15) feet from lot lines adjacent to the street
right-of-way.
3.
Lot Coverage, Appearance, Height And Size In Residential Districts.
a.
An accessory building shall not exceed the gross floor area of the
principal building or principal use served.
b.
No single permanent accessory building shall exceed one thousand
two hundred (1,200) feet of gross floor areas unless specifically
approved by the Board of Aldermen.
c.
Notwithstanding features unique to each lot which may cause to limit
accessory building size, such as but not limited to lot shape, topography,
easement locations, setbacks and location of other existing structures
on the property, square foot size of the principal structure, and
separate covenants and restrictions applicable to the property, the
following shall be applicable to maximum lot coverage for accessory
building(s):
(1)
On lots and parcels of less than five thousand (5,000) square
feet in the "R-1," "R-2," "R-3" and "R-4" residential districts, no
single permanent accessory building shall occupy more than forty percent
(40%) of the area of the side and rear yards, nor shall the combined
footprint area of all accessory buildings occupy more than fifty percent
(50%) of the area of the side and rear yards of the lot or parcel.
(2)
On lots and parcels of five thousand (5,000) square feet or
greater in the "R-1," "R-2," "R-3" and "R-4" residential districts,
no single permanent accessory building shall occupy more than twenty
percent (20%) of the area of the side and rear yards, nor shall the
combined footprint area of all accessory buildings occupy more than
thirty percent (30%) of the area of the side and rear yards of the
lot or parcel.
d.
Accessory buildings shall not exceed the height of the home or principal
structure.
e.
Roof pitch for accessory structures exceeding fifteen (15) feet in
height must be constructed at a pitch similar to the majority of the
roof on the principal structure. A deviation of up to plus or minus
eight and thirty-three hundredths percent (8.33%) shall be allowed.
For example, if the roof pitch on the principal structure is 9/ 12,
then the roof pitch on the accessory structure may be as little as
8/12 or as much as 10/12.
 |
f.
All accessory buildings, including portable accessory buildings,
shall be of similar color and design as the house. Approved primary
exterior materials include any combination of wood, brick, metal,
or vinyl.
C.
Accessory
Uses — Development Criteria.
1.
Zoning. Accessory uses as defined in Section 400.080 and as regulated herein are permitted in any district where the principal use to which it is accessory is permitted.
2.
Location And Placement.
a.
Residential Districts. In "R-1," "R-2," "R-3," and "R-4" districts:
(1)
No accessory use, including, but not limited to, accessory uses
without roofs such as patios, solar panels, water fountains, and swimming
pools, but excluding driveways, shall be located within five (5) feet
from any interior, side or rear property line.
(2)
For the storage of boats, personal watercrafts, motorcycles,
recreational vehicles, and trailers, a minimum three (3) foot setback
from any side or rear lot line shall be required.
(3)
For external and reversed corner lots, no accessory use other
than driveways shall be placed within the required side or rear yard
setback when these yards are adjacent to any public right-of-way,
except public alleys.
b.
Non-Residential Districts. In the "B-1," "B-2," "B-3," "I-1," "I-2"
and "A" districts, accessory uses may be zero (0) feet from any interior
side or rear property line unless the lot abuts a residential dwelling
or a lot zoned for residential purposes, in which case a minimum setback
of fifteen (15) feet shall apply. However, in no case shall an accessory
use be within a dedicated buffer yard area, if present.
3.
For corner or external lots, accessory uses shall be placed a minimum
of fifteen (15) feet from lot lines adjacent to the street right-of-way.
Exception: Driveway entrances may be zero (0) feet from the property
line.
D.
Accessory
Buildings — Portable.
1.
Zoning. Accessory buildings which are portable as defined in Section 400.080 and as regulated herein are permitted in any district.
2.
Location And Placement. Placement of portable accessory buildings
on a lot or parcel shall adhere to the same requirements as accessory
buildings as described in this Section.
3.
Size. Portable accessory buildings shall not be greater than fifteen
(15) feet in height and not larger than three hundred (300) square
feet.
4.
Number. The total number of portable buildings allowed shall be two
(2). However, lot coverage limits of side and rear yards as described
in this Section shall apply.
E.
Accessory Buildings — Temporary. Temporary buildings, as defined in Section 400.080 and as regulated herein, are permitted in any district.
1.
Temporary buildings or trailers may be used as construction offices,
field offices or for storage of materials to be used in connection
with the development of said tract, provided that said temporary structures
are removed from said tract within thirty (30) days after voluntary
suspension of work on the project or development after revocation
of building permits, or on order by the administrative official upon
a finding that said temporary structure is deemed hazardous to the
public health and welfare.
2.
Temporary real estate offices or sales offices may be established
in a display dwelling unit or temporary building. Said offices must
be closed and the operation discontinued, and all temporary structures
and facilities must be removed from the tract within thirty (30) days
after all lots or dwelling units have been sold, rented or leased.
3.
All other temporary buildings shall be reviewed and authorized by
the Building Inspector for a period not to exceed twelve (12) months.
However, upon request and upon a site inspection, the Building Inspector
may extend such a permit for a length of time deemed appropriate,
not to exceed twelve (12) months.
4.
Temporary buildings or trailers shall comply with the underlying
zoning district setback requirements, but in no case shall they be
located closer than twenty-five (25) feet to a property line of any
adjacent property.
[1]
Editor's Note: Ord. No. 1916 also changed the title of this
Section from "Accessory Buildings and Portable Buildings" to "Accessory
Buildings and Uses."
[R.O. 2014 §410.020; Ord. No. 201 §602, 11-14-1967]
An accessory use, as defined in Section 400.080 and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.
[R.O. 2014 §410.030; Ord. No. 201 §§604 — 605, 11-14-1967; Ord. No. 256 §1, 9-8-1970]
A.
Exceptions. Even though the width, depth or area is less
than the minimum required by these regulations for the district, any
of the following specified lots or parcels of land may be used as
a building site for dwelling purposes (except in an industrial district),
if all other requirements are met; provided, that no more than one
(1) dwelling unit shall be placed upon any such lot or parcel:
1.
Any lot shown on a subdivision recorded prior to November 14, 1967.
2.
Any parcel of land purchased prior to the effective date of this
Title by the present owner or by a person from whom the present owner
acquired it through testamentary disposition or intestate succession,
where no adjacent land is owned, by the same person.
3.
Any lot or parcel of land where the deficiency is due exclusively
to the condemnation of a portion thereof for a public purpose or the
sale thereof to any agency or political subdivision of the City, State
or Federal Government.
B.
Irregular Lots. If all other regulations for the district
are met, where the side lot lines are not parallel, the minimum width
requirement may be applied to the average lot width, if the width,
when measured at the front lot line is at least thirty-five (35) feet
and when measured twenty-five (25) feet back of the front line is
at least fifty (50) feet in width.
[R.O. 2014 §410.040; Ord. No. 201 §606, 11-14-1967; Ord. No. 1786 §
1, 10-12-2017]
A.
Factors
To Be Considered. In considering any application for a conditional
use permit, the Planning and Zoning Commission shall give consideration
to the health, safety, morals, comfort and general welfare of the
inhabitants of the City, including but not limited to, the following
factors:
1.
The stability and integrity of the various zoning districts in which
the subject property is located.
2.
Conservation of property values.
3.
Protection against fire and casualties.
4.
Observation of general policing regulations relating to the operation
of the proposed use.
5.
Prevention of undue traffic congestion.
6.
Promotion of traffic safety and the orderly parking of motor vehicles.
7.
Promotion of the safety of individuals and property.
8.
Provision for adequate light and air.
9.
Prevention of overcrowding and excessive intensity of land uses.
10.
Provision for adequate public utilities and schools.
11.
Prevention of an invasion by inappropriate uses.
12.
Value, type and character of existing or authorized improvements
and land uses.
B.
Approval Process. The procedures for public hearing, notice, and filing fee of an application for a conditional use shall be the same as required for amendments, etc., in Chapter 430, except that the filing date must be twenty (20) days prior to any regular Commission meeting and the decision of the Planning and Zoning Commission, after public hearing, shall be final and become effective in fifteen (15) days, unless an appeal is made to the Board of Aldermen within fifteen (15) days after the decision of the Planning and Zoning Commission.
C.
Site Plan. Applications for a conditional use must include the following:
[Ord. No. 1822, 10-11-2018; Ord. No. 2095, 7-13-2023]
[Ord. No. 1867, 7-11-2019]
A.
If
there is a Transitional Home associated with the social service agency,
the following minimum standards shall apply:
1.
The definition of "FAMILY" per section 400.080 (Definitions) will not apply. Instead, maximum occupancy shall be determined by the number of bedrooms within the residential structure at a ratio of one (1) person per bedroom. To be considered a bedroom, said room shall have a minimum area of at least seventy (70) square feet of floor area and have natural light, ventilation, and windows or other means for escape purposes as required by the Building Code. No portion of a room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the room's minimum area.
2.
The social service agency shall have a staff member on site whenever
a resident is present, unless otherwise determined by the Planning
and Zoning Commission.
3.
The transitional home shall have a receiving area for non-residents
which is separate from sleeping quarters. This area, which may also
serve as a living room and/or common area for residents, shall contain
at least one hundred twenty (120) square feet of gross floor area.
4.
There shall be no accessory dwelling structures. All residential
elements shall be within the principal structure.
5.
Building Code provisions per Chapter 500 (Adoption of Building and Construction Codes) shall be applicable.
6.
Off-street parking shall be provided at one (1) parking space per
bedroom plus one (1) space for each overnight staff member, unless
otherwise determined by the Planning and Zoning Commission.
7.
As the intent of a Transitional Home is to allow for the temporary
use of the facility by residents, the conditional use permit provisions
shall state, and the social service agency shall abide by, the maximum
residency period allowed per resident as determined by the Planning
and Zoning Commission.
8.
The City retains the right to inspect a Transitional Home per the
provisions of the Residential Building Code and to verify the conditions
in this Section and as may be required as part of the Conditional
Use Permit are met.
[R.O. 2014 §410.050; Ord. No. 201 §607, 11-14-1967]
A.
The
Building Inspector may permit the conversion of an existing dwelling
in an "R-2" Two-Family District to provide units for not more than
two (2) families, and in an "R-3" Multiple-Family District to provide
dwelling units for not more than four (4) families provided all of
the following conditions shall be met:
1.
The dwelling shall be located on a lot having an area of not less
than six thousand (6,000) square feet and the principal dwelling on
the lot shall have a ground area of not less than one thousand two
hundred (1,200) square feet, exclusive of open porches, and shall
occupy not more than one-fourth (¼) of the ground area of such
lot;
2.
The remodeled dwelling shall provide a lot not less than three thousand
(3,000) square feet per family;
3.
No exterior remodeling shall be done, and no extensions made.
4.
Fire escapes and outside stairways shall conform to Section 410.070, Subsection (9), of this Code.
5.
No dwelling shall be converted unless in connection therewith it
is placed in a reasonable state of repair;
6.
Garage or off-street parking facilities shall be provided at the
rate of one (1) vehicle for each family unit.
[R.O. 2014 §410.060; Ord. No. 201 §608, 11-14-1967]
A.
In
a Residence District, a permitted building, other than a dwelling
or accessory building as defined herein, may be built to a height
of forty (40) feet and to a greater height if the minimum dimensions
of the rear yard and each of the side yards exceed the requirement
in the district by one (1) foot for each one (1) foot of additional
height.
B.
The
height limitations of this Title shall not apply to church spires,
belfries, cupolas, penthouses and domes, not used for human occupancy;
not to chimneys, ventilators, skylights, water tanks, bulk heads,
other similar features and necessary mechanical appurtenances usually
carried above the roof level.
C.
The
provisions of this Title shall not apply to prevent the erection,
above the building height limit, of a parapet wall or cornice for
ornament (and without windows) extending above such height limit not
more than five (5) feet.
[R.O. 2014 §410.070; Ord. No. 201 §609, 11-14-1967]
A.
In
calculating the percentage of lot coverage, or required yards, for
the purpose of applying the regulations of this Title, the features
of a structure as hereafter set forth shall not be included as coverage,
nor be considered an infringement into the required yards:
1.
Unenclosed steps, stairways, landings, and stoops, not extending
above the ground floor level.
2.
Unenclosed surfaced walks and driveways.
3.
Fence or trestles not exceeding five and one-half (5½) feet
in height.
4.
Retaining walls not more than eighteen (18) inches higher than the
grade of the ground retained.
5.
Flue or fireplace chimney attached to the main building.
6.
Bay windows extending not more than eighteen (18) inches from the
main building.
7.
Cornices, canopies and eaves not extending more than three (3) feet
from the main building.
8.
Open fire escape may not project into a required side yard more than
half the width of such yard.
9.
Fire escapes, solid floor balconies and enclosed outside stairways
may project to within twelve (12) feet of the rear lot line.
[1]
Editor's Note: Former Section 410.080, Home Occupations, was
repealed 10-13-2022 by Ord. No. 2052. Prior history includes R.O.
2014 § 410.080; Ord. No. 201 ; Ord. No. 525 ; Ord. No. 1472;
and Ord. No. 1823.
[R.O. 2014 §410.090; Ord. No. 201 §611, 11-14-1967]
A.
Every
mobile home hereafter shall be located in a Mobile Home Park or Mobile
Home Community, as defined herein.
B.
Those
mobile homes that are presently located outside of a Mobile Home Park
may be continued as non-conforming uses. Once the present trailer
is removed from the lot, however, no mobile home may re-occupy the
lot.
C.
A Mobile Home Park or Mobile Home Community may be located in any district in the manner provided by Section 410.140 of this Code and is subject to the following conditions: Each boundary of any Mobile Home Park or Mobile Home Community must be at least fifty (50) feet from any permanent residential building located outside the Mobile Home Park or Mobile Home Community. All sanitary systems must have approval in writing from the City.
D.
The
Mobile Home Park or Mobile Home Community shall conform to the following
requirements:
1.
The Mobile Home Park or Mobile Home Community shall be located on
a well drained site, properly graded to ensure rapid drainage and
freedom from stagnant pools of water.
2.
Mobile home spaces shall be provided consisting of a minimum of two
thousand (2,000) square feet for each space and each space shall be
clearly defined and marked.
3.
Mobile homes shall be located on each space so that there shall be
at least fifteen (15) feet clearance between mobile homes; provided,
however, that with respect to mobile homes parked end-to-end, the
end-to-end clearance may be less than fifteen (15) feet but not less
than ten (10) feet. No mobile home shall be located closer than fifteen
(15) feet from any building within the Mobile Home Park.
4.
All mobile home spaces shall abut upon a driveway of not less than
twenty (20) feet in width, which shall have unobstructed access to
a public street or highway, and the sole vehicular access shall not
be by an alley. All dead end driveways shall include adequate vehicular
turning space or cul-de-sac.
5.
Off-driveway parking sites shall be maintained at a minimum ratio
of one (1) car space for each mobile home space.
6.
Where the Mobile Home Park is located more than four hundred (400)
feet from a public park or recreational area, one (1) or more playgrounds
shall be provided which are:
7.
All roadways within the Mobile Home Park shall be blacktopped or
have some other dust free surfacing, maintained and adequately lighted.
8.
All electric distribution systems, plumbing systems and telephone
service systems to each mobile home space, except outlets and risers,
shall be underground.
9.
All Mobile Home Parks shall be connected to the City sanitary sewer
system and satisfactory connections made available to each mobile
home space.
E.
Mobile Home Spaces. If "independent" mobile home spaces
only are provided, no service building shall be required. Any Mobile
Home Park providing for "dependent" mobile homes shall have one (1)
or more service buildings. Such service buildings shall:
1.
Be located fifteen (15) feet or more from any mobile home space;
2.
Be adequately lighted;
3.
Have the interior finished with moisture-resistant material to permit
frequent washing and cleaning;
4.
Provide at least one (1) lavatory, water closet and shower for each
sex, one (1) laundry tray, one (1) slop-water drain and hot and cold
water;
5.
Have adequate heating facilities for the building and equipment which
will furnish ample supply of heated water during time of peak demands;
6.
Have all rooms well ventilated, with all openings effectively screened.
[Ord. No. 1860, 7-11-2019; Ord.
No. 1927, 5-28-2020; Ord. No. 2003, 8-26-2021]
A.
Intent.
Self-service storage facilities are designed and used for the purpose
of renting or leasing individual storage space to tenants who have
access to such space for the purpose of storing and removing personal
properties. Self-service storage facilities are permitted in the Light
Industrial ("I-1"), Heavy Industrial ("I-2") and Planned Industrial
Park ("I-P") zones only, except that such facilities may be located
in the General Business District ("B-3") by a conditional use permit
authorized by the Planning and Zoning Commission. Unless otherwise
noted, all self-service storage facilities are subject to the provisions
of this Section. The Planning and Zoning Commission may impose additional
requirements for self-service storage facilities when approval is
required through the conditional use permit process.
B.
Fencing
And Screening.
1.
Fencing is required around the perimeter of self-service storage facility buildings as a screening and security measure. The general and zoning district specific provisions of Section 500.430, Fence Requirements shall apply.
2.
The required fencing shall be maintained in good order and not allowed
to exist in a state of disrepair. Failure to maintain the required
fencing shall be considered a violation of this Chapter.
C.
Drive
Aisles And Exterior Storage Areas.
1.
Vehicular aisles providing access to storage units shall not be less
than twenty (20) feet wide.
2.
Exterior storage areas, when allowed, shall have a permanently dust-free
surface.
3.
Access drives are allowed to use 200PSI woven geotextile fabric placed
below six (6) inches of one-half (1/2) inch to one (1) inch clean
rock (no dust).
[Ord. No. 2083, 5-25-2023]
D.
Lighting.
E.
Parking.
1.
For developments less than or equal to two hundred (200) storage
units, a minimum of five (5) off-street parking spaces shall be provided.
For developments greater than two hundred (200) storage units, five
(5) off-street parking spaces shall be provided on the property for
the first two hundred (200) units, plus one (1) additional parking
space for every one hundred (100) storage units or fraction thereof.
2.
In the "B-3" District, outdoor storage of boats, watercraft, trailers,
and vehicles of any kind shall not be allowed. All items shall be
stored within buildings. In industrial districts, outdoor storage
of boats, watercraft, trailers, and vehicles is permissible on a permanently
dust-free surface.
F.
Prohibited
Uses.
1.
The following uses and activities shall be prohibited:
a.
Any business activity other than the rental of storage units, including
garage sales and transfer-storage enterprises that utilize vehicles
as part of said business.
b.
Servicing or repair of motor vehicles, boats, trailers, lawnmowers,
or similar equipment.
c.
Storage of hazardous, toxic, or volatile substances.
d.
Residential uses, other than one (1) unit for a 24-hour caretaker
facility.
[Ord. No. 1872, 7-25-2019; Ord.
No. 2100, 7-13-2023]
A.
Purpose.
The purpose of these regulations is to:
1.
Permit legal sale of comprehensive marijuana as set forth therein
and provides detailed obligations for establishing rules and regulation
for the manufacture, processing, infusing and sale, including tracking,
testing, security, and background checks;
2.
Avoid locating such facilities in close proximity to elementary and
secondary schools, churches, day care centers, and day care home uses;
and
3.
Ensure that such facilities are operated in a responsible manner
for the needs of the clients and surrounding land uses by minimizing
any possible adverse effects on the surrounding neighborhood.
B.
Conditional
Use Permit Approval Standards For Comprehensive Marijuana Dispensary
Facilities In The "B-3" (General Business District). All applications
for a conditional use permit for comprehensive marijuana dispensary
facilities in the "B-3" (General Business District) Zoning District
shall describe the type of service intended to be delivered at that
location and comply with the following requirements:
1.
No new comprehensive marijuana dispensary facility shall be sited,
at the time of application for zoning approval, within one thousand
(1,000) feet of any then-existing elementary or secondary school,
day care center, day care home, or church.
a.
In the case of a freestanding facility, the distance between the
facility and the school, day care center, day care home, or church
shall be measured from the property line of the facility to the closest
point of the property line of the school, child day care center, day
care home, or church.
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 school, day care center, day care home, or church shall be
measured from the property line of the school, day care center, day
care home, or church to the facility's entrance or exit closest in
proximity to the school, day care center, day care home, or church.
c.
Measurements shall be made along the shortest path between the demarcation
points that can be traveled by foot by public right-of-way.
2.
A business license shall be obtained annually, and the owner shall
verify that the conditions of the conditional use permit are still
being met.
3.
The comprehensive marijuana license issued by the State of Missouri
shall be displayed in an open and conspicuous place on the premises.
4.
No comprehensive marijuana facilities shall be located in a building
that contains a residence.
5.
Facilities must develop, implement, and maintain an odor control
plan, which shall address odor mitigation practices, including, but
not limited to, engineering controls, such as system design and operational
processes, which shall be reviewed and certified by a professional
engineer or a certified industrial hygienist as sufficient to effectively
mitigate odors for all odor sources. No use shall emit an odor that
creates a nuisance in violation of City Code.
6.
The proposed conditional use shall not be operated so as to dominate
the immediate vicinity or to interfere with the development and use
of neighboring property in accordance with the applicable district
regulations.
In determining whether the proposed use will dominate the immediate
neighborhood, consideration shall be given to:
a.
The functional classification of the street on which the site is
located;
b.
The surrounding residential districts and uses;
c.
The location, nature and height of buildings, structures, walls,
and fences on-site;
d.
The amount of parking needed for the proposed use and the amount
of parking provided on-site;
e.
The nature and extent of landscaping and screening on the site; and
f.
The number of trips anticipated each day to the site.
7.
No marijuana may be smoked, ingested, or otherwise consumed on the
premises of a comprehensive marijuana establishment.
8.
All operations and all storage of materials, products, or equipment
shall be within a fully enclosed building. No outdoor operations or
storage shall be permitted.
9.
Should it be determined at any time that the requirements of this
Section are not met, the conditional use permit to allow for the operation
of the comprehensive marijuana dispensary may be suspended or withheld
until such time that all requirements have been met, as determined
by the City Administrator or his/her designee.
C.
Zoning
Approval Standards For Comprehensive Marijuana Facilities In The Light
Industrial ("I-1") And Heavy Industrial ("I-2") Zoning Districts.
All comprehensive marijuana cultivation facilities, comprehensive
marijuana-infused products manufacturing facilities, and comprehensive
marijuana testing facilities in the Light Industrial ("I-1") and Heavy
Industrial ("I-2") Zoning Districts shall annually obtain a business
license from the City of Marshfield. Prior to issuance, the operator
of the comprehensive marijuana facility shall provide a written verification
that the following requirements are met:
1.
The comprehensive marijuana license issued by the State of Missouri
shall be current and displayed in an open and conspicuous place on
the premises.
2.
Facilities must develop, implement, and maintain an odor control
plan, which shall address odor mitigation practices, including, but
not limited to, engineering controls, such as system design and operational
processes, which shall be reviewed and certified by a professional
engineer or a certified industrial hygienist as sufficient to effectively
mitigate odors for all odor sources. No use shall emit an odor that
creates a nuisance in violation of City Code.
3.
No marijuana may be smoked, ingested, or otherwise consumed on the
premises of a comprehensive marijuana establishment.
4.
All operations and all storage of materials, products, or equipment
shall be within a fully enclosed building. No outdoor operations or
storage shall be permitted.
5.
If multiple licenses are issued for one (1) location, then restrictions
for the highest intensity use shall apply.
6.
Should it be determined at any time that the requirements of this
Section are not met, the business license to allow for the operation
of the comprehensive marijuana facility may be suspended or withheld
until such time that all requirements have been met, as determined
by the City Administrator or his/her designee.
[Ord. No. 1883, 9-26-2019]
A.
Purpose. The purpose of this Section is to regulate mobile vending units in a manner that protects the public health safety, and welfare, while also accommodating economic activity generated by operators of mobile vending units to promote an active and social pedestrian environment within appropriate areas of the City. This Section describes the permitting procedures for mobile vending units and is intended to operate in conjunction Chapter 405 (Zoning Districts) which sets forth the permitted zoning districts in which mobile vending units may operate and Chapter 605 (Business Licenses) which sets forth requirements for Occupational Licenses.
B.
CATERING TRUCK
COLLECTOR
FOOD VENDING CART
ICE CREAM VENDING VEHICLE
MOBILE FOOD VENDOR
MOBILE FOOD TRUCK
MOBILE GOODS AND SERVICES VENDOR
MOBILE VENDING COURT
MOBILE VENDING UNIT
Definitions.
As used in this Section, the following words shall have the prescribed
meanings:
A motorized vehicle that includes limited kitchen facilities,
such as a refrigerator case and a warmer unit with an attached griddle,
for the sale of foods that are often prepackaged. Customer service
is generally walk-up at the vehicle or by delivery into a building.
Catering trucks, include, but are not limited to, pickup trucks with
a food vending attachment added to the bed with sides that open to
display a refrigerated area for beverages, shelving for snacks or
food items and hot beverages.
 |
The City Collector of the City of Marshfield.
A mobile, non-motorized vehicle propelled or towed by the
operator, which includes limited kitchen facilities, such as a cold
storage case or cooler, a warmer unit, a small griddle, and small
sinks. Customer service is generally walk-up at the cart. Food vending
carts, include, but are not limited to, hot dog and frozen treat sales.
|
A motorized vehicle which continuously stops and goes, does
not park at any one (1) location to provide service, and offers only
pre-packaged frozen dairy or frozen water-based food products, soft
serve or hand-dipped frozen dairy products or frozen water-based food
products and pre-packaged beverages.
|
A general classification of several types of mobile restaurants,
including, but not limited to, food vending carts, catering trucks,
and mobile food trucks, but excluding ice cream vending vehicles and
mobile goods and services vendors that do not offer food products.
A motorized vehicle or tow-behind trailer, which includes
kitchen facilities, such as plumbing, hot water, mechanical refrigeration,
cooking equipment, and dry goods storage, used for the preparation
and sale of food and beverages. Food and beverages are primarily served
in disposable containers or disposable dishes. Customer service is
generally provided at a counter or window in the vehicle. Mobile food
trucks, include, but are not limited to, concession trailers and trucks,
mobile cookers, and barbeque pits which are towed.
|
A general classification of several types of mobile vending
units offering non-food-related goods and services, including, but
not limited to, dog grooming, clothing, shoes, jewelry, apparel, document
shredding, vintage and hand-made goods, flowers, farmer's markets,
books, and ATM machines.
A designated location which allow for two (2) or more mobile
vending units operating simultaneously on the same lot.
A term for any type of mobile vendor, including catering
trucks, food vending carts, mobile food vendors, and mobile goods
and services vendors, but does not include ice cream vending vehicles.
C.
Standards
And Criteria.
[Ord. No. 1968, 10-22-2020]
1.
Mobile Vending Units — Generally. All mobile vending units
shall comply with the following requirements:
a.
Location And Placement. When located on private property, mobile
vending units shall only be allowed to operate in the "B-1" Neighborhood
Business District, "B-2" Central Business District, "B-3" General
Business District, "I-1" Light Industrial District, and "I-2" Heavy
Industrial District, subject to the provisions of this Section, and
provided that each mobile vending unit operator receives written permission
from the corresponding property owner prior to operating on such property.
However, in no case, shall a mobile vending unit operate or
be located within or upon:
(1)
Properties developed with single-family residential dwellings
or multi-family residential dwellings which do not have a mixed commercial
use element.
(2)
Designated fire lanes or "no parking" zones.
(3)
Landscaped areas of the property.
(4)
Unpaved lots. Unpaved lots are those unimproved with either
asphalt and/or concrete surfaces.
b.
Operational Requirements.
(1)
Hours Of Operation. No mobile vending unit shall operate between
the hours of 1:00 a.m. and 6:00 a.m. unless granted permission by
the Board of Aldermen.
(2)
Signs. Signs associated with mobile vending units shall adhere to the requirements of Chapter 407 Signs, including 407.070 Temporary Signs for free-standing "A-Frame" signs.
(3)
Appurtenances And Other Items. Canopies, awnings, or umbrellas
attached to the mobile vending unit shall be permitted. The use of
stakes, rods, or any method of support that is required to be drilled,
driven, or otherwise fixed, in asphalt pavement, curbs, sidewalks
or buildings is prohibited.
(4)
Trash And Recycling. Operators of mobile vending units shall
provide receptacles with self-closing lids near the front of the vending
counter for use by patrons. The area around the vending unit shall
be kept clean and free from litter, garbage, and debris. Trash and
recycling shall be removed from the site daily.
(5)
Restrooms. Operators of mobile vending units shall provide proof
of access to restroom facilities for the employee use within five
hundred (500) feet of each location where the mobile vending unit
will be in operation for more than two (2) hours in any single day.
(6)
Outdoor Storage. Vehicles and equipment associated with mobile
vending units shall not be stored outdoors overnight on any property
within the City other than property owned by the operator on which
such operator has a fixed-based food service operation unless given
permission to do so by the City Administrator. In addition, mobile
vending units may not be parked in any residential zoning district
except within fully enclosed structures.
(7)
Temporary Structure. The use by a mobile vending unit of any
temporary structure or the use of a mobile vending unit as a temporary
structure other than described in this Section is prohibited.
(8)
Exterior Lighting. Proper lighting to ensure pedestrian customer
safety and visibility to vehicles shall be provided. All exterior
lights attached to the mobile vendor unit shall be designed so that
the light source is downward directed and shielded with an opaque
material so as to not be visible at adjacent businesses or residences
at a height greater than five (5) feet and minimize glare onto adjoining
roadways and access drives.
(9)
Noise. Mobile vending units shall comply with the provisions of Section 340.250 (Unnecessary and Excessive Noise) and 127.120 (Prohibited Noises) of this Code and shall not utilize PA systems or bells when stationary.
(10)
Licenses/Permits. Required licenses and permits must always
be prominently displayed in the window or on the mobile vending unit
(11)
Site Ingress/Egress. Operators shall ensure that mobile vending
units do not restrict or interfere with the ingress or egress of either
abutting properties or the property from which they are operating,
create a public nuisance, increase traffic congestion or delay, constitute
a hazard to life and property, or obstruct adequate access to fire,
police or safety vehicles.
(12)
Mobile food vendors shall comply with all applicable Federal,
State, and local laws, rules, and regulations, including, without
limitation, applicable provisions of Webster County Health Unit regulations.
c.
Required Licenses, Permits And Applications.
(1)
Occupational License. Every operator of a mobile vending unit shall, before doing or offering to do business, procure from the city collector an occupational license in accordance with Chapter 605 (Business Licenses) of this Code. If the mobile vending unit is a mobile food vendor or an ice cream vending vehicle, the issuance of such an occupational license shall be subject to the operator first acquiring the appropriate license or permit from the Webster County Health Unit. The operator shall also sign an acknowledgement that he or she all adhere to all provisions of this Section.
(2)
Annual Renewal Of Occupational License. Mobile vending unit
operators shall renew their occupational license with the City Collector
every calendar year. Licenses shall expire December 31 of each calendar
year. Fees associated with a business license shall not be prorated
based on date of issuance and are not transferable to other operators.
If the mobile vending unit is a mobile food vendor or an ice cream
vending vehicle, the issuance of an occupational license shall be
subject to proof that the operator has renewed the appropriate license
or permit with the Webster County Health Unit.
(3)
Sales Tax. Mobile vending unit operator must have proof of sales
tax permit.
(4)
Permit Display. Mobile vending unit operators must post their
business license and sales tax permit in the window or display prominently
on the vehicle. This information shall be clearly visible to inspectors.
(5)
Application. Mobile vending unit operators must provide a photograph
of all four (4) sides of the vending unit, proof of insurance, and
proof of liability coverage as part of the occupational license application.
Mobile food vendors shall also provide a food menu.
2.
Mobile Vending Units On Private Property. There shall be two (2)
classifications of private property that allow for mobile vending
units:
a.
Type I Property. A non-residential property which allows for one
(1) mobile vending unit vehicle at a time to operate on the lot.
(1)
Mobile vending units complying with Section 405.050(B) (Standards and Criteria) to conduct business in districts zoned "B-1," "B-2," "B-3," "I-1" and "I-2" must have written permission from the property owner prior to applying for any City-issued occupational license or permit.
(2)
Only one (1) mobile vending unit shall be allowed on a Type
I property at any given time.
(3)
No other mobile vending unit may simultaneously operate on any
adjoining Type I lot.
(4)
Parking And Ingress/Egress. At the time of application for an
occupational license to the City, the property owner or the mobile
vending unit operator on behalf of the Type I property upon which
a mobile vending unit will operate must provide an off-street parking
plan that demonstrates sufficient ability to accommodate customer
vehicles, safe ingress/egress access from the property onto adjoining
streets, steps to ensure pedestrian safety, drive through lane location
(if any), and evidence that proper internal traffic circulation on
the property will occur.
(5)
Locations and/or mobile vending units not meeting these requirements
are subject to revocation of the occupational license or disqualification
for the property to operate as a Type I property until the above requirements
are resolved.
b.
Type 2 Property. A non-residential property which allows for two
(2) or more mobile vending units to operate on a lot at the same time.
(1)
When two (2) or more mobile vending units are operating on the
same non-residential lot, the lot shall be designated a mobile vending
court.
(2)
Property owners operating a mobile vendor court shall be required
to submit a Site Plan that shows the following:
|
•
|
Vicinity map showing general property location
| |
|
•
|
Plan drawn to scale and large enough for clarity to show required
elements
| |
|
•
|
North arrow
| |
|
•
|
Scale with scale bar
| |
|
•
|
Name, address and phone number of design professional who prepared
the drawings, and the seal of a design professional licensed in the
State of Missouri
| |
|
•
|
Overall lot size (in square feet and/or acres)
| |
|
•
|
Permanent customer seating areas (if applicable)
| |
|
•
|
Steps to be taken to ensure pedestrian safety
| |
|
•
|
Phasing Schedule (if applicable)
| |
|
•
|
Lot property lines and dimensions
| |
|
•
|
Existing building locations (if any) and distance(s) (if feet)
from planned mobile vending unit parking area(s)
| |
|
•
|
Ingress/egress location(s) to property (with sufficient setback
distance to ensure access and not impede internal lot traffic circulation)
| |
|
•
|
Location(s) of permanent access points to public utilities (if
any)
| |
|
•
|
Location of any drive through lane and order window (if any)
(See Section 405.095(C)(4))
| |
|
•
|
Parking lot area (existing or proposed location) showing:
| |
|
•
|
Designated parking areas for customers
| |
|
•
|
Number of parking spaces (with dimensions)
| |
(3)
If five (5) or more mobile vendor units are simultaneously operating
within a mobile vendor court, a contact person responsible for the
safety and maintenance of the area shall be on record with the City
of Marshfield.
3.
Mobile Vending Units In Public Street Right-Of-Way (ROW) And Public
Property.
a.
Mobile vending units shall not be permitted to operate within public
right-of-way or on the grounds of any government office, facility,
public park, recreation area, or other similar public land within
the City, which is under the control, operation, or management of
the City of Marshfield unless given written permission to do so by
the Marshfield City Administrator.
b.
Approval to operate in ROW or on public property shall include information
as to the location, time of operation, and the number of designated
parking spaces to be used.
c.
If at one (1) location for more than two (2) hours, mobile vending
units must show proof of permission from a business within five hundred
(500) feet for employees to have use of restrooms (or other facilities
as approved by the health authority) during hours of operation.
4.
Mobile Vending Units With A Drive Through Service.
a.
Drive through service in association with mobile vending units shall
only be allowed in the General Business ("B-3"), Light Industrial
("I-1"), and Heavy Industrial ("I-2") zoning districts.
b.
In districts where allowed, mobile food vendors operating in Type
1 or Type 2 locations shall provide the following additional information
on the off-street parking plan or site plan:
(1)
Location of a dedicated twelve (12) foot wide drive through
lane with at least three (3) stacking spaces (twenty (20) feet for
each space as measured from the pick-up window) for queued automobiles.
(2)
A minimum ten (10) foot wide drive aisle width not encroaching
into the drive through lane to allow vehicle access to on-site parking
and vehicular ingress/egress locations on the property.
(3)
Location of designated zone(s) for walk up customers and customer
seating (if applicable). This area must be visually separated from
the drive through lane and the drive aisle. By way of example, the
use of temporary fencing, landscape planters, or traffic delineator
posts may be utilized.
(4)
All plans shall be subject to field verification by City staff
to verify safety and functionality of the drive through lane.
c.
Queuing of drive through traffic into the public street right-of-way
or the vending of products directly to customers in vehicles in the
public street right-of-way shall not be allowed.
d.
At any time, drive through lanes that present a pedestrian or vehicular
safety concern shall be disallowed and no longer utilized by the operator
of the mobile vending unit.
5.
Exceptions.
a.
Ice Cream Vending Vehicles. Ice cream vending vehicles shall be allowed
to operate in right-of-way in all zoning districts, and within public
parks, recreation areas, or other similar public land within the City
following written permission to do so by the Marshfield City Administrator,
provided the following requirements are met:
(1)
No ice cream vending vehicle operating within right-of-way shall
remain in any one (1) place for a period longer than necessary to
make sale after having been approached or stopped for that purpose.
(2)
When stopped, an ice cream vending vehicle shall be legally
parked.
(3)
When stopping to make a sale, ice cream vending vehicles that
are likely to attract children as customers shall park curbside or
as close as possible to a pedestrian crosswalk without entering the
intersection or otherwise interfering with the flow of traffic.
(4)
Ice cream vending vehicles shall comply with the requirements of Section 410.095(C)(1)(b) (Operational Requirements), 410.095(C)(1)(c) (Required Licenses, Permits and Applications), Chapter 610 (Peddler, Solicitors and Canvassers), and sales tax permits prior to operation.
D.
Violations,
Penalties And Appeals.
[Ord. No. 1968, 10-22-2020]
1.
A business and occupation license required by this Mobile Vending
Unit Code may be temporarily suspended by the City Administrator,
or his or her assigns, upon the violation by the holder of any of
the terms of this Chapter.
2.
The owner, manager, or operator of a mobile vending unit that is in violation of this Chapter shall be punishable per the provisions of Chapter 435, Enforcement, Violation and Penalty. Each day that such unlawful act or violation continues shall be considered a separate offense. In addition, the City may seek recovery of costs and any other legal and equitable remedies as may be available to the City.
3.
Any person aggrieved by the decision of the City Administrator to
suspend a license shall have the right to appeal to the Board of Aldermen.
Such appeal shall be taken by filing with the Board of Aldermen, within
fourteen (14) days after notice of the suspension has been mailed
to the licensee's last-known address as shown in the City's mobile
vending unit licensing records, a written statement fully setting
forth the grounds for the appeal. The Board of Aldermen shall set
a place and time for hearing the appeal, and notice of such hearing
shall be mailed to the licensee, postage prepaid, at his or her last-known
address as shown in the City's mobile vending unit licensing records,
at least fifteen (15) days prior to the date set for hearing. The
Board of Aldermen shall have the authority to reinstate the permit,
affirm the suspension, or fully revoke the permit. The decision and
order of the Board of Aldermen on such appeal shall be final and conclusive.
[R.O. 2014 §410.100; Ord. No. 201 §§612 — 617, 11-14-1967]
A.
Non-Conforming Use. Any use lawfully occupying a building
or land at the effective date of this Title, or of subsequent amendments
hereto, that does not conform to the regulations for the district
in which it is located, shall be deemed to be a non-conforming use
and may be continued.
B.
Non-Conforming Building. Any building lawfully existing
or in the process of construction, at the effective date of this Title,
or of subsequent amendments thereto, that is wholly or partially used
or designed for use contrary to the regulations for the district in
which it is located, shall be deemed to be a non-conforming building
and may be so used or continued in use.
C.
Non-Conforming Building — Maintenance — Alterations —
Enlargements — Restoration.
1.
Maintenance and minor repairs necessary to keep a non-conforming
building in sound condition, or as may be required by law shall be
permitted.
2.
In no case shall a non-conforming building be structurally altered
unless the same will have the effect of, or actually result in, eliminating
the non-conforming use.
3.
A non-conforming building may be enlarged or extended only if the
entire building is thereafter devoted to a conforming use.
4.
No building partially occupied by a non-conforming use shall be altered
in such a way as to permit the enlargement or expansion of the space
occupied by such non-conforming use.
5.
When a non-conforming building is damaged by fire, explosion, act
of God, or the public enemy, to the extent of more than fifty percent
(50%) of its structural value, it shall not be restored except in
conformity with the district in which it is located.
D.
Non-Conforming Use — Changes. No non-conforming use
may be enlarged or extended in such a way as to occupy any required
open space, on any land beyond the boundaries of the lot or parcel
of land as it existed at the effective date of this Title, or to displace
any conforming use in the same building or on the same parcel.
E.
Non-Conforming Use — Abandonment. In the event that a non-conforming use of any building or premises is discontinued, or its normal operations stopped, for a continuous period of sixty (60) days, use of such building or premises shall thereafter conform to the use regulations in the district in which the same is located, except for mobile homes (See Section 410.090 Subsection (B)).
F.
Non-Conforming Use — Elimination. Nothing contained
herein shall forego the existing powers of the Governing Body of the
City, in the gradual elimination of non-conforming uses and buildings;
provided, that reasonable periods for amortization or particular uses
and buildings shall be required as determined by the Governing Body.
[R.O. 2014 §410.110; Ord. No. 201 §618, 11-14-1967; Ord. No. 1999, 7-22-2021]
A.
These
requirements are effective upon the erection or enlargement of a structure,
or the use thereof changed to any permitted use within a district.
B.
Parking
Requirements.
[Ord. No. 2082, 5-25-2023]
|
Table A
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|---|---|---|
|
Use
|
Off-Street Spaces Required:
| |
|
Residential Uses
| ||
|
Single- and two-family dwelling units
|
Two (2) spaces per each dwelling.
| |
|
Multi-family dwellings
|
Two (2) spaces per dwelling unit for multi-family units limited
to housing for the elderly. All other multi-family units require the
following: two (2) spaces for a one (1) bedroom unit; one and one-half
(1 1/2) spaces, per bedroom, for two (2) bedroom unit; and one
(1) space per bedroom for three (3) or more bedrooms in a multi-family
dwelling.
| |
|
Hotels, motels and bed and breakfast
|
One (1) space for every two (2) guest rooms. (+) additional
space for other uses within the parking requirements for other building
uses in accordance with this and other Sections of the City Municipal
Code.
| |
|
Convalescent homes and homes for the aged
|
One (1) space for each three (3) beds (+) one (1) space per
each two (2) employees on the largest shift.
| |
|
Institutional and Educational Uses
| ||
|
Churches
|
One (1) space for every three (3) seats in the main worship
area.
| |
|
Grade K — 7 schools
|
Two (2) spaces per classroom plus an off-street passage loading
area, or one (1) space per five (5) seats of the place of the largest
assembly area whichever is the greater number of parking spaces.
| |
|
Grade 9 — 12 schools
|
One (1) space per eight (8) students for which the facility
is designed (+) two (2) spaces per each classroom or one space per
five (5) seats of the largest place of assembly whichever is greater.
| |
|
Colleges and/or universities
|
One (1) space for each employee of the largest shift (+) two
(2) spaces for each three (3) commuting students of the largest class
attendance period (+) parking for dorms, fraternities, sororities,
or similar uses shall be calculated at the rate of one (1) space per
each bedroom unit up to and including two (2) bedroom units. Two (2)
spaces for each three (3) or more bedroom units.
| |
|
Libraries, museums, and art galleries
|
One (1) space per three hundred (300) square feet of building
floor area (+) one (1) space per each employee.
| |
|
Public utility and service facilities
|
One (1) space for each five hundred (500) square feet gross
floor area; or two (2) for each three (3) employees, whichever is
greater.
| |
|
Commercial Retail and Services
| ||
|
Automobile washing
|
Queuing spaces for waiting automobiles equal to three (3) times
the maximum capacity for each wash bay (+) one (1) space for each
two (2) employees.
| |
|
Motor vehicle, manufactured homes, and recreational vehicle
sales and rental
|
One (1) space for each four hundred (400) square feet of enclosed
building floor area (+) one (1) per three thousand (3,000) square
feet of open sales lot area.
| |
|
Vehicle repair and body work
|
One (1) space per two hundred (200) square feet of gross building
floor area.
| |
|
Vehicle service stations
|
Three (3) spaces per each rack, one (1) space per one (1) employee
on a work shift and one (1) space for each business vehicle.
| |
|
Banks and similar facilities including drive-up facilities
|
One (1) per each three hundred (300) square feet of gross building
floor area. Drive-up windows shall have two (2) queuing spaces in
addition to one (1) space at the drive-up window and pneumatic isles.
| |
|
Convenience stores with self-service gas pumps
|
One (1) space per each three hundred (300) square feet of gross
floor area. Service area at gas pumps shall not be included in that
parking area.
| |
|
Dry cleaners
|
One (1) space per each three hundred (300) square feet of gross
building floor area. Drive-up windows shall have two (2) queuing spaces
in addition to one (1) space at the drive-up window.
| |
|
Greenhouses and landscaping sales
|
One (1) space per two hundred (200) square feet of gross building
floor area (+) one (1) space per each service vehicle and/or trailer.
| |
|
Private nurseries, daycares, kindergartens, and children's homes
|
One (1) space per each five (5) children (+) one (1) space for
each regular employee.
| |
|
Self-service storage facilities
|
One (1) space for each twenty five (25) storage units without
vehicle access (+) two (2) spaces if a residential manager is present
(+) two (2) additional spaces for office parking.
| |
|
Shopping centers and commercial strip centers, comprised of
leasable space for three (3) or more tenants, commonly arranged in
a row in the same principal building
|
Six (6) spaces per one thousand (1,000) square feet of gross
floor area. Multiple buildings in the same center not attached to
the principal building and/or located on separate lots or parcels
(commonly referred to as "out lots") are reviewed separately regarding
off-street parking regulations.
| |
|
Undertaking establishments
|
One (1) space for every three (3) seats in the sanctuary (+)
one (1) for each employee.
| |
|
All other retail business, (except "B-2" zoned district)
|
One (1) space for every five hundred (500) square feet of gross
area.
| |
|
Restaurant Uses
| ||
|
Restaurant, sit down
|
One (1) space for every two and one-half (2 1/2) seats
or portion thereof (+) one (1) space for each employee
OR
one (1) per seventy-five (75) square feet GFA
OR
One (1) space for every two and one-half (2 1/2) seats or portion
thereof (+) one (1) space for each employee.
Parking for accessory outdoor seating areas calculated at fifty
percent (50%) of these standards.
| |
|
Restaurant, drive-in with all food service occurring at the
customer's automobile or consumed at outdoor on-site seating
|
One (1) per fifty (50) square feet GFA. In addition, drive-in
restaurants with outdoor on-site seating shall have at least ten (10)
spaces.
| |
|
Restaurant, fast food or carry out
|
One (1) space for every two and one-half (2 1/ 2) seats or portion
thereof (+) one (1) space for each employee.
OR
One (1) per fifty (50) square feet GFA of building area.
| |
|
Restaurants with pick-up or drive thru and no on-site seating (such as mobile vending units per Section 410.095)
|
One (1) space for each employee of the largest shift but no
less than six (6) spaces.
| |
|
Any drive through use associated with restaurants
|
Each drive through service window shall have nine (9) queuing
spaces (+) one (1) space at each window.
| |
|
Office Uses, Including Medical And Dental Uses
| ||
|
Medical/dental facilities
|
One (1) space each staff doctor; (+) one (1) space for each
one and one-half (1 1/2) regular employees; (+) one space for
each two hundred fifty (250) square feet of gross floor area.
| |
|
Hospitals
|
Two and one-half (2 1/2) spaces per each one (1) bed (+)
one (1) space for each two hundred fifty (250) square feet of total
building floor area for outpatient facilities.
| |
|
Professional offices
|
One (1) space for each three hundred (300) square feet of gross
building area (+) one (1) space for every vehicle kept on site.
| |
|
Emergency services
|
One (1) per two hundred (200) square feet of gross building
area (+) one (1) space for each emergency vehicle.
| |
|
Recreational Uses
| ||
|
Golfing activities:
| ||
|
Miniature golf course
|
Miniature golf course: two (2) spaces per hole (+) one (1) space
per two hundred (200) square feet of building area.
| |
|
Driving area
|
Driving area: one (1) space per tee (+) one (1) space per two
hundred (200) square feet of building area.
| |
|
Pro golf course
|
Pro golf course: two (2) spaces for each hole (+) one (1) space
for each employee of the largest shift (+) restaurant parking as required
in this Section of the City Municipal Code.
| |
|
Bowling alleys
|
Five (5) spaces for each alley (+) restaurant parking.
| |
|
Stadiums, theaters, assembly halls, auditoriums and similar
uses
|
One (1) space for every three (3) seats (+) one (1) for every
employee.
| |
|
Industrial Uses
| ||
|
Truck terminals, warehouses and transfer stations
|
Two (2) spaces for each three (3) employees (+) one (1) space
for each truck and/or semi-trailer kept on site.
| |
|
All other permitted uses in "I-1" and "I-2"
|
One (1) space per every six hundred (600) square feet of gross
floor area; or two (2) spaces per every three employees (+) one (1)
for each service vehicle stored on site.
| |
|
Conditional uses in "I-1" and "I-2"
|
To be determined by the City Planning and Zoning Commission
according to the use of the property.
| |
C.
Off-Street
Parking Space Location.
1.
Residential. All required spaces shall be located on the same parcel
with the residential use.
2.
Commercial (except the "B-2" Central Business District). Required
spaces may be located on the same parcel as the commercial use, or
a land parcel not more than three hundred (300) feet from the building.
If the parking is located on a separate parcel, such parcel must be
zoned for parking.
3.
Commercial in the "B-2" Central Business District. Due to the availability of on-street parking in the "B-2" zoning district, retail businesses are not required to provide off-street parking. However, lots used for off-street parking of vehicles in the "B-2" District shall adhere to Section 410.110(D) Parking Lot Standards.
4.
Industrial. Required spaces may be located on the same parcel with
the conditional industrial use; or on an area not more than one thousand
(1,000) feet from the building. If parking is located on a separate
parcel, such parcel must be zoned for parking.
D.
Parking
Lot And Drive Aisle Standards.
1.
Except as specified, the requirements of this Subsection are effective
upon the erection or enlargement of any structure in any residential,
commercial, or industrial zoning district, or the use thereof changed
to any permitted use within these districts.
2.
Except as provided in this Subsection, all off-street parking lots,
off-street loading areas, drive aisles, and parking spaces shall be
paved with a dust-free hard surface, including oil-and-chip, concrete,
asphalt, brick paver, or other suitable surface approved by the City
Building Code Official (or designee) with a minimum thickness of six
(6) inches.
[Ord. No. 2082, 5-25-2023]
3.
The dust free surface shall conform to the following criteria:
a.
The pavement design shall be such that any material composing the
pavement and the soil underneath is not displaced by traffic movement
in a manner that results in flying particles and causes damage, injury,
or nuisance to the people/vehicles which use the facility.
b.
The design and construction of the pavement shall be such that the
physical appearance, characteristics, performance, and rigidity of
the surface that comes into direct contact with vehicles does not
change with varying weather conditions. The form and texture of the
surface shall be conducive to safe flow of traffic.
c.
Notwithstanding normal wear and tear, the surface and appearance
of the parking lot shall be maintained to perform as originally designed.
d.
Driveways and access drives existing as of September 1, 2021, which
are not improved with a surface specified above shall not be required
to be paved unless a new structure intended to be occupied by a principal
use is constructed or the driveway is reconstructed or substantially
improved in the opinion of the Building Official.
e.
Driveways and access drives in existence prior to September 1, 2021,
which are resurfaced with additional gravel must be separated from
the street pavement with a concrete driveway apron between the street
pavement and the property line (see Exhibit 1) and built to a minimum
thickness of six (6) inches. Alternatives presented in writing that
result in significantly limiting loose gravel from encroaching into
the street in a manner that damages street pavement and/or increases
the potential for vehicle damage, tire slip hazards, or unsafe driving
conditions along the street thoroughfare may be considered by the
City Building Official on a case-by-case basis.
 |
4.
The use of permeable pavement designed with a high level of porosity to allow rainwater to pass through into the ground below, thereby reducing stormwater runoff and offsetting the amount of site-specific water detention requirements, is encouraged. While loose aggregate material does not meet the dust free requirements of this Subsection, other permeable pavement types, include, but are not limited to, porous asphalt, permeable interlocking concrete pavers, permeable clay brick pavers, resin-bound paving, and bound recycled glass porous pavement. These and similar permeable pavement types may be considered on a case-by-case basis during the Site Plan review process (per Section 410.145) and must be approved by the City Engineer.
5.
Parking lots shall adhere to required landscaping and screening as provided in Section 410.146, Landscape Plan.
6.
There shall be a five (5) foot wide pervious buffer placed between
any property line that is adjacent to a collector or arterial street
and the parking lot edge or back of curb. Except for points of automobile
access, the five (5) foot buffer shall run the length of the property,
parallel to the adjoining collector or arterial street. (See Exhibit
2.)
|
Exhibit 2
|
E.
Dust-Free
Surface; Driveways And Access Drives.[1]
[Ord. No. 2082, 5-25-2023]
1.
The surface design shall be such that any material composing the
pavement and the soil underneath is not displaced by traffic movement
in a manner that results in flying particles and causes damage, injury,
or nuisance to the people/vehicles which use the facility.
2.
The surface design shall be such that the physical appearance, characteristics,
performance, and rigidity of the surface that comes into direct contact
with vehicles does not change with varying weather conditions. The
form and texture of the surface shall be conducive to safe flow of
traffic.
3.
Notwithstanding normal wear and tear, the surface and appearance
of the parking lot shall be maintained to perform as originally designed.
4.
Driveways and access drives must be separated from the street pavement
with a concrete driveway apron between the street pavement and the
property line and built to a minimum thickness of six (6) inches.
5.
Access drives in self-service storage facilities shall be allowed
as a dust-free surface which includes the use of 200PSI woven geotextile
fabric placed below six (6) inches of one-half (1/2) inch to one (1)
inch clean rock (no dust).
F.
Buffer
Yard.
[Ord. No. 2082, 5-25-2023]
1.
There shall be a five (5) foot wide pervious buffer placed between
any property line that is adjacent to a collector or arterial street
and the parking lot edge or back of curb. Except for points of automobile
access, the five (5) foot buffer shall run the length of the property,
parallel to the adjoining collector or arterial street.
[R.O. 2014 §410.120; Ord. No. 201 §619, 11-14-1967; Ord. No. 1824, 10-11-2018]
A.
The owner or owners of any tract of land comprising an area of not less than four (4) acres may submit to the Building Inspector a plan for the use and development of all such tracts of land for residential purposes. Such development plan shall be referred to the Planning and Zoning Commission for study, public hearing and report to the Board of Aldermen and the Board of Aldermen may authorize rezoning and the issuance of building permits and certificates of occupancy therefore even though the use of the land and the use and location of structures including the yards and open spaces required by this Title do not conform in all respects to the regulations contained in other Sections of this Title. The procedures for filing an amendment in Chapter 430 shall be followed. In addition, Planned Community Unit Development applications shall provide a site plan per the requirements of Section 410.145, the landscape plan requirements of Section 410.146, and/or other design elements intended to address the factors listed in this Section. The Planning and Zoning Commission may recommend the development as submitted, or may modify, alter, adjust or amend the plan before recommendation, with or without conditions, or deny the plan and shall make a report to the Board of Aldermen setting forth its reasons for approval or denial of the application and, if approved, specific evidence and facts showing that the proposed community plan meets the following conditions:
1.
That the value of building and the character of the property
adjoining the area included in such plan will not be adversely affected.
2.
That such plan is consistent with the intent and purpose of
this Title to promote public health, safety, morals, and general welfare.
3.
That the building shall be used only for residential purposes
and the usual accessory uses, such as automobile parking areas, garages,
and community activities, including churches; and provided that a
Neighborhood Business District can be established through the regular
channels.
4.
That the average lot area per family contained in the site,
exclusive of the area occupied by streets, shall be not less than
the lot area per family required for the district in which the development
is located.
[R.O. 2014 §410.130; Ord. No. 201 §620, 11-14-1967; Ord. No. 315 §1, 10-8-1976]
A.
Protection Of Sewers And Utility Lines. No building or addition
thereto shall be erected over or across any public sewer or utility
line, nor upon any platted or recorded easement, unless permission
is granted in writing by the City and the public utility whose lines
are involved, if any.
B.
Valves Required. All new residential and commercial construction
within the City of Marshfield shall have and provide at the cost of
the owner thereof a valve on the water line leading from the City
owned water meter to the water system contained within said improvement,
which said valve shall be readily accessible, and which said valve
shall be capable of terminating the flow of water within the entire
water system in said improvement.
[R.O. 2014 §410.140; Ord. No. 201 §621, 11-14-1967; Ord. No. 293 §1, 2-11-1975; Ord.
No. 443 §1, 4-22-1982; Ord. No. 1473 §1, 12-9-2010]
A.
Any
of the following uses may be located in any district by special permission
of the Planning and Zoning Commission under such conditions as the
Commission may impose, and after public hearing, provided that in
their judgment such use will not seriously injury the appropriate
use of neighboring property and will conform to the general intent
and purpose of this Title; and shall comply with the height and area
regulations of the district in which they may be located.
1.
Amusement parks, commercial baseball or athletic fields, racetracks.
2.
Aviation fields, airports, or helio-ports.
3.
Cemeteries, mausoleums, or crematories for the disposal of the human
dead.
4.
Golf driving ranges and miniature golf courses.
5.
Gun clubs, skeet shoots, or target ranges.
6.
Hospitals for the insane or feeble minded, or penal or correctional
institutions.
7.
Radio towers under such safeguards as the Board may require.
8.
Trailer camps, trailer parks, mobile home parks, and mobile home
communities.
9.
Buildings or the use of premises for public utility purposes or public
service corporations, which buildings or the uses of the Commission
deems necessary for public convenience or welfare.
10.
Greenhouses.
11.
Veterinary and animal clinics.
B.
Special use applications shall provide a site plan per the requirements of Section 410.145, a landscape plan per the requirements of Section 410.146 (unless otherwise waived by the Zoning Administrator), and/or other design elements intended to address the factors listed in this Section.
[Ord. No. 1825, 10-11-2018]
[Ord. No. 1820, 10-11-2018]
A.
Intent. The City of Marshfield recognizes that land development may
create impacts to public safety, automobile-related concerns, and
aesthetic considerations. The City seeks to ensure that development
addresses these potential impacts and therefore shall be subject to
a site plan review. The site plan review regulates the development
of structures and sites in a manner that considers the following concerns:
1.
The balancing of landowners' rights to use their land, with
the corresponding rights of abutting and neighboring landowners to
live without undue disturbances (e.g., noise, smoke, fumes, dust,
odor, glare, visual impacts, stormwater runoff, etc.);
2.
The convenience and safety of vehicular, bicycle, and pedestrian
movement within the site, and in relation to adjacent areas or roads;
3.
The protection of historic and natural environmental features
on the site under review, and the historic and natural characteristics
and features of adjacent areas; and
4.
The stability of the built environment, particularly neighborhoods,
by promoting urban development that is compatible with clearly identified
natural resources.
B.
Site Plans — When Required. A site plan complying with the
requirements of this Section shall be provided for the following:
1.
Conditional Uses per Section 410.140(B).
2.
Special Uses per Section 410.140(A) and 430.090(A).
3.
Planned Community Unit Development per Section 410.120(A).
4.
Home Occupations per Section 410.080(B).
5.
Any new building or any addition to an existing building, except:
a.
One- or two-family residential buildings;
b.
Detached accessory buildings serving single- or two-family residential uses in compliance with Section 410.010;
c.
Detached accessory buildings comprised of less than two hundred
fifty (250) square feet of gross floor area in the rear yard of any
commercial or industrial use. Detached accessory buildings located
on double frontage lots and corner lots shall not be exempted.
C.
Site Plans And Building Permits. Building permits shall not be issued
for any use of land or proposed construction on a lot in the zoning
districts in which the site plan review is applicable, unless site
plan review approval has been granted by City staff.
[Ord. No. 2122, 10-18-2023]
D.
Site Plans And Building Permits. Site plans shall be provided at
the time of application and submittal and include the information
found in Table 1.
|
Table 1. Site Plan Requirements
| |||||
|---|---|---|---|---|---|
|
Any new building or addition to a building, except as noted
in 410.145(B)(5)
|
PCUO's
|
Conditional Use Permit
|
Special Use Permit
|
Home Occupations
| |
|
General Information
| |||||
|
Vicinity map showing general property location
|
•
|
•
|
•
|
•
|
•
|
|
Plan drawn to scale and large enough for clarity to show requ
|
•
|
•
|
○
|
○
|
○
|
|
North arrow
|
•
|
•
|
•
|
•
|
•
|
|
Scale with scale bar
|
•
|
•
|
○
|
○
| |
|
Name, address and phone number of design professional who prepared
the drawings, and the seal of a design professional licensed in the
State of Missouri
|
•
|
•
|
○
|
○
| |
|
Overall lot size (in square feet and/or acres)
|
•
|
•
|
•
|
•
|
•
|
|
Phasing Schedule (if applicable)
|
•
|
•
|
•
|
•
| |
|
Buildings, Structures, and Setbacks
| |||||
|
Scaled drawing of lot/lots with property lines and dimensions
|
•
|
•
|
○
|
○
|
○
|
|
Scaled drawing with building location and dimensions
|
•
|
•
|
○
|
○
|
○
|
|
Existing and/or proposed building setbacks
|
•
|
•
|
○
|
○
|
○
|
|
Distance between buildings, buildings and property lines, and
building and parking areas
|
•
|
•
|
○
|
○
|
○
|
|
Exterior building materials
|
•
|
•
|
○
|
○
|
○
|
|
Exterior lighting plan. All exterior lighting shall be shielded
from the sky and adjacent properties and structures, either through
exterior shields or through optics within the fixture. No light projection
should extend higher than horizontal from the light fixture and shall
in no case create glare when visible from a public right-of-way or
sidewalk or adjacent
|
•
|
•
|
○
|
○
| |
|
Existing grade with 5 foot contours provided
|
•
| ||||
|
Proposed grade with 5 foot contours provided
|
•
| ||||
|
Dwellings units per building and/or gross floor area
|
•
|
•
| |||
|
Location and planned use of areas not "under roof" (including
parking areas) (e.g. outdoor display of merchandise, inventory storage,
patios, decks, fenced areas
|
•
|
•
|
○
|
○
|
•
|
|
Utilities, Easements, and Storm Water
| |||||
|
Existing and/or proposed public and private easements including
location, width, and purpose
|
•
|
•
|
○
|
○
|
○
|
|
Fire Hydrants
|
•
|
•
| |||
|
Utility poles
|
•
|
•
| |||
|
Underground utilities (electric, gas, telephone, cable, fiber
or
|
•
|
•
| |||
|
Septic Tanks/tile fields
|
•
|
•
| |||
|
Water wells
|
•
|
•
| |||
|
Existing and proposed location and size of the following:
| |||||
|
Storm Sewer pipe
|
•
|
•
|
○
|
○
| |
|
Water pipe
|
•
|
•
|
○
|
○
| |
|
Sanitary Sewer pipe
|
•
|
•
|
○
|
○
| |
|
Manhole elevation(s)
|
•
|
•
|
○
|
○
| |
|
Transportation, Access, and Parking Areas
| |||||
|
Existing and proposed public and private streets, medians, driveways,
curb cuts and turning lanes (with width dimensions in feet) within
185 feet of the property
|
•
|
•
|
○
|
○
| |
|
Parking lot area (existing or proposed location) showing:
| |||||
|
Number of parking spaces, locations, and dimensions
|
•
|
•
|
•
|
•
|
•
|
|
# of Employees (at peak shift)
|
•
|
•
|
•
|
•
|
•
|
|
# of parking spaces provided
|
•
|
•
|
•
|
•
|
•
|
|
Distance between parking areas, parking areas and property lines,
and parking areas and buildings
|
•
|
•
|
○
|
○
|
○
|
|
Required Landscaping, Screening, and Landscape Islands
|
•
|
•
|
•
|
•
| |
|
Dumpster location (if applicable)
|
•
|
•
|
•
|
•
| |
|
Pedestrian walkways and sidewalks, including widths
|
•
|
•
|
•
|
•
| |
|
Designated ADA accessible parking spaces
|
•
|
•
|
•
|
•
| |
|
Location and Width of Required Fire Lanes
|
•
|
•
|
•
|
•
| |
|
Landscape Plans (See Section 410.146)
|
•
|
•
|
•
|
•
| |
|
• - Required
|
|
○ - Required only if a building permit will be needed.
|
A.
Landscape
Plans — When Required.
1.
A landscape plan shall be required for any site, structure, or use subject to Section 410.145(B), Site Plans — When Required.
2.
All landscape plans shall be subject to the requirements of Subsections (B), General Plan Information, (E), Landscaping of Parking Lot Interiors, (F), Performance Standards, (G), Landscape Maintenance, and (H), Penalty.
B.
General
Plan Information. All landscape plans shall include the following
information:
1.
Graphic scale at 1 inch = 20 feet or 1 inch = 50 feet.
2.
North reference.
3.
The location of all public utilities and easements on the site.
4.
The location of all existing and proposed parking areas.
5.
The location, condition, size, canopy height and spread (for trees
and large shrubs), and quantity of all proposed landscaping materials.
Plant materials shall be identified by both the common and botanical
name.
6.
The location, size, and common name of all existing plant materials
to be retained. Every effort should be made to retain trees of 12-inch
diameter (at five (5) feet above the ground) or larger.
7.
The location and common name of 12-inch diameter or larger (at five
(5)_ feet above the ground) trees, which are to be removed.
8.
Notation of all areas to be seeded or sodded.
9.
Location, size, and materials to be used for all screening and/or
outside trash enclosure areas.
C.
Residential
And Commercial Landscape Requirements. The minimum standards for landscaping
in the "R-1," "R-2," "R-3," "R-4," "B-1," "B-2," and "B-3" zoning
districts are as follows:
1.
The minimum landscaping requirements for all uses, excluding single-family
and duplex development, shall be one (1) tree and two (2) shrubs per
five thousand (5,000) square feet of total lot area.
2.
All portions of the site not covered with paving or buildings shall
be landscaped. Permeable areas not covered with other materials shall
be covered with turf or other ground cover to prevent erosion or the
ponding of stormwater. Ground cover shall be utilized on all slopes
in excess of a four (4) to one (1) slope to mitigate erosion.
D.
Industrial
Buffer Requirements. Industrial zoned properties ("I-1" and "I-2")
shall provide buffers along all street frontages and along property
lines adjacent to residentially zoned properties as follows:
1.
Buffers along public street right-of-way:
a.
Buffers containing landscaping shall be provided along the entire
length of the public street right-of-way in the Light Industrial District
("I-1") and the Heavy Industrial District ("I-2"). The buffer shall
be placed immediately behind the property line on private property
and not within the public street right-of-way.
b.
Industrial zoned properties may select from among the options below
or any combination of these options, to provide this buffer. Exceptions
shall be made for site ingress/egress locations and the provision
of adequate sight lines at these locations for the safety of vehicular
and pedestrian traffic.
|
Option 1: A minimum buffer of ten (10) feet in width, planted
with a minimum of one (1) shade tree and seven (7) shrubs per fifty
(50) linear feet of street frontage.
|
|
Option 2: A berm at least six (6) feet wide and two and one-half
(2.5) feet higher than the finished elevation of the parking lot,
planted with a minimum of one (1) shade tree and three (3) shrubs
per fifty (50) linear feet of street frontage, with no width set dimension.
|
|
Option 3: An alternative that meets or exceeds the above options.
The alternative shall be reviewed by the Planning and Zoning Commission
for a recommendation with a final determination made by the Board
of Aldermen.
|
2.
Buffer Adjacent to Residentially Zoned Property.
a.
A buffer shall be provided along the shared property line(s) when
any Light Industrial ("I-1") or Heavy Industrial ("I-2") zoned property
is adjacent to any Single-Family ("R-1"), Two-Family ("R-2"), Multiple-Family
("R-3") or Patio Home ("R-4") district.
c.
Except for points of ingress/egress and the provision of adequate
vehicular sight lines at these locations, no fire lanes, drive aisles,
refuse containers, storage areas, vehicular maneuvering areas, sidewalks,
or structures of any type shall be located within the buffer.
d.
Property owners and/or building tenants unable to comply with this
Section may provide a written request for an alternative which shall
describe the circumstances and how the outcome will be consistent
with the intent of this Section. Said request shall be reviewed by
the Planning and Zoning Commission for a recommendation with a final
determination made by the Board of Aldermen. By way of example, topographical
differences between the grade of residential property and industrial
property may be a reason for an alternative to the buffer requirement(s).
E.
Landscaping
Of Parking Lot Interiors In Commercial And Industrial District.
2.
The minimum requirement for parking lot interior landscaping shall
be as follows: Not less than two and one-half percent (2.5%) of the
total parking lot square footage shall be landscaped.
3.
The number of trees used in the parking lot interior shall be not
less than one (1) for each two hundred (200) square feet, or portions,
thereof, of required parking lot interior landscaping.
4.
Interior landscaped area shall be situated within the lot so as to
be surrounded by parking lot pavement on at least three (3) sides.
5.
Each landscaped area shall contain at least one (1) tree, which is
adaptable to the environment of parking areas, and the remaining area
shall be landscaped using shrubs, ground cover and other suitable
landscaping material.
6.
At the ends of parking rows, planted end-cap islands that are not
less than nine (9) feet wide and the length of the parking row (i.e.,
if there is single row of 90-degree parking spaces, the length is
eighteen (18) feet; if there is a double row of 90-degree parking
spaces, the length is thirty-six (36) feet), with 10-foot curb radii
on the side closest to the parking aisle.
7.
In the middle of parking rows, planted interior islands that are
not less than nine (9) feet wide and the length of the parking space
(i.e., if there is single row of 90-degree parking spaces, the length
is eighteen (18) feet; if there is a double row of 90-degree parking
spaces, the length is thirty-six (36) feet), with five-foot curb radii
on the side closest to the parking aisle.
8.
At the corners of parking lots, planted corner islands, which is
the area defined by the extension of the edges of intersecting parking
rows.
9.
By way of example, the following figure is provided to illustrate
the intended outcomes of this Section.
|
Parking Lot Landscape Areas
 |
10.
Each landscaped area shall be separated from the pavement material
by straight-back concrete curbing or by an integral concrete sidewalk
and curb with a vertical face so as to prevent vehicle encroachment
and pavement breakup.
F.
Performance Standards. All landscape plans shall comply with the
following performance standards:
1.
Landscaping shall not hinder the vision of motorists and pedestrians
where unobstructed visibility is reasonably necessary for safe movement
while entering, leaving or moving within the developed site or adjacent
property.
2.
Landscaping materials shall be selected and placed in such a
manner that they do not interfere, obstruct or damage existing utilities.
3.
Landscaping materials shall be selected and placed so that the
safe use of surrounding properties is not inhibited.
4.
Landscaping shall be selected and placed with consideration
for the ultimate growth that will be achieved over time.
5.
Landscaping with thorns, berries and other potentially harmful
plant characteristics shall be carefully placed to avoid possible
harm to persons and property on and off the developed site.
6.
Existing weak-wooded trees shall be maintained so as to prevent
limb breakage that has significant and apparent potential for causing
harm to property or life.
7.
Where maintenance or repair of utilities within an easement
causes damage to landscaping, restoration of the landscape within
a reasonable period of time shall be the property owner's responsibility.
G.
Landscape Maintenance.
1.
Responsibility. The owner of the premises shall be responsible
for the watering, maintenance, repair, and replacement of all landscaping,
fences and other visual barriers including refuse disposal area screens
which have died (in the case of plant material) or fallen into disrepair
(in the case of fences).
2.
Plant Materials. All required plant materials shall be maintained
in a healthy, vigorous growing condition, and neat and orderly appearance.
They shall be replaced as necessary and shall be kept free of refuse
and debris.
3.
Fences And Walls. All fences, walls and other barriers shall
be maintained in good repair, meaning structurally sound and attractive
in appearance. All fences, required or otherwise, shall have the finished
face directed toward residential property where a residential property
is adjacent to or across from the subject site.
H.
Penalty For Non-Compliance With Maintenance Standards. A property owner or developer, notified by the Building Official, and determined to be in violation of the provisions of this Section shall be granted a reasonable time period (subject to uniform and practical guidelines established by the Building Official) within which to establish or re-establish compliance. If said violation is not corrected within the given period of time, the property owner shall be subject to a fine as set forth in Chapter 435 of this Code.
[1]
Editor's Note: Ord. No. 1981 also changed the title of this
Section from "Landscape Plan" to "Landscaping And Screening."
[R.O. 2014 §410.150; Ord. No. 201 §622, 11-14-1967]
A.
Whenever
there is doubt as to the classification of a use not specifically
listed or mentioned in this Title, the determination shall be made
by the Planning and Zoning Commission.
1.
The determination of the Planning and Zoning Commission shall be
rendered within a reasonable time, but not to exceed thirty (30) days
and shall state the class or classes of districts in which the proposed
use will be added and whether it is a permitted use, a conditional
use or a "Special Use."
2.
The determination of the use shall be effective immediately, and
the use specifically described shall thereafter be considered as a
permitted use, a conditional use or a "Special Use" in the districts
indicated and shall have the same status as other uses listed and
as regulated therein.
3.
Application for determination shall be made in writing. No specific
form is required.
[R.O. 2014 §410.160; Ord. No. 201 §623, 11-14-1967; Ord. No. 1221 §1, 7-27-2006; Ord.
No. 1263 §§1 — 2, 3-8-2007; Ord. No. 1553 §1, 10-25-2012]
A.
The
following use or uses, shall be prohibited:
1.
Residential districts.
a.
Unlicensed or inoperable motor vehicles, unlicensed trailers, livestock
trailers, farm machinery, converted buses, buses, tractor-trailer
combinations, dump trucks, backhoes, skid loaders, tire driven or
track driven loaders, bulldozers and other related construction equipment,
flat bed trucks exceeding eight (8) feet in length and flatbed trailers
over eighteen (18) feet in length.
b.
The following shall be exempted from the prohibition set forth in
subparagraph (a) above:
(1)
Any construction machinery while construction is in progress
upon the premises in question;
(2)
Any vehicle or equipment providing repairs, deliveries or other
services to the premises in question;
(3)
Any emergency vehicle, utility company vehicle, or vehicle on
City or official governmental business;
(4)
Pickup trucks with dump beds; and
(5)
Any tractor forty-five (45) horsepower or less used in connection
with the landscaping of the premises in question or other neighborhood
properties, provided, however, that any such tractor shall be stored
in an enclosed building or in the back yard.
(6)
Exemption for buses maintained on church property in residential
districts.
c.
No livestock, including sheep, pigs, rabbits, goats, poultry, pigeons or any other bird of the family columbidae, may be kept, fed, housed, stored, or bred in any residentially zoned areas. No bovine or equine, as defined in the Marshfield Municipal Code, may be kept, fed, housed, stored, or bred in any residentially zoned areas, except as provided in Section 405.010, Subsection (C), Conditional Uses.
[Ord. No. 1570 §1, 2-14-2013]
d.
The following shall be exempted from prohibition set forth in subparagraph
(c) above:
(1)
Keeping of six (6) or fewer laying chickens.
(a)
The maximum number of chickens allowed is six (6) per tract
of land regardless of how many dwelling units are on the tract.
(b)
Only female chickens (no Guineas) shall be allowed.
(c)
It shall be unlawful to engage in chicken breeding or fertilizer
production for commercial purposes.
(d)
Slaughter may occur for personal use provided that it is conducted
in a sanitary manner, does not generate noise that creates a nuisance,
and is not visible from adjacent properties or any public area or
right-of-way.
(e)
Chickens shall be kept in a secured closure. Chickens shall
be secured within a henhouse or chicken tractor during non-daylight
hours.
(f)
Enclosures shall be kept in a clean, dry, odor-free, neat, and
sanitary condition at all times.
(g)
Henhouses, chicken tractors and chicken pens shall provide adequate
ventilation and adequate sun and shade and shall be impermeable to
rodents, wild birds, and predators, including, but not limited to,
dogs and cats.
(h)
Henhouses and chicken tractors shall be designed to provide
safe and healthy living conditions for the chickens while minimizing
adverse impacts to other residents in the neighborhood.
(i)
A henhouse or chicken tractor shall be enclosed on all sides
and shall have a roof and doors. Access doors shall be able to be
shut and locked at night. Openings, windows, and vents shall be covered
with predator and bird-proof wire with less than one (1) inch openings.
(ii)
Henhouses, chicken tractors, and chicken pens
shall only be located to the defined rear of the tract of land.
(iii)
Henhouses, chicken tractors, and chicken pens
shall be located at lease five (5) feet from the property line and
at least twenty-five (25) feet from any adjacent residential dwelling,
church, school, or place of business.
(i)
Any enclosed chicken pen shall consist of sturdy wire or wooden
fencing. The pen shall be covered with wire, aviary netting, or solid
roofing.
(j)
Odors from chickens, chicken manure, or other chicken-related
substances shall not be detectable at the property boundaries.
(k)
All uses shall operate in accordance with the noise standards
contained in the Marshfield Municipal Code.
(l)
The chicken owner shall take necessary action to reduce the
attraction of predators and rodents and the potential infestation
of insects and parasites. Chickens found to be infested with insects
and parasites that may result in unhealthy conditions to human habitation
may be removed by an Animal Control Officer.
(m)
The chicken owner shall provide chicken access to feed and clean
water at all times. The feed and water shall be unavailable to rodents,
wild birds, and predators.
2.
Commercial and Industrial Districts. No Storage
or Bulk Tanks, To Be Used For The Storage of Ammonia, Fertilizers,
or Any Other Chemical Compound of Liquid That Has A Danger of Explosion,
or Odor, Shall Be Permitted, Unless Said Tanks Are Placed According
To The Current State Safety Standards For Such Storage and Bulk Tanks.
[R.O. 2014 §410.170; Ord. No. 201 §624, 11-14-1967]
Whenever any street, alley or other public way is vacated by
official action of the Board of Aldermen, the zoning districts adjoining
each side of such street, alley or public way shall be automatically
extended to the center of such vacated street or alley and all areas
included in such adjacent district shall then and thenceforth be subject
to all regulations of the extended districts.
[R.O. 2014 §410.180; Ord. No. 201 §625, 11-14-1967]
On a corner lot in any residential district, no fence, wall,
hedge or other structure or planting more than three and one-half
(3½) feet in height measured from the crown of the street,
shall be erected, placed or maintained within the triangular area
formed by the intersecting street lot lines and a straight line joining
said street lot lines at points which are thirty (30) feet distant
from the point of intersection, measured along said street lot lines.
[R.O. 2014 §410.190; Ord. No. 201 §626, 11-14-1967]
A.
Where
the building wall is not parallel to a side or a rear lot line the
required least dimension of the side yard or the rear yard along such
line may be considered to be the average distance of said wall from
said lot line; provided, that no such side yard shall be less than
four (4) feet in width at any point, and no such rear yard be less
than ten (10) feet in depth at any point, where a rear yard is required.
B.
The
following exception shall apply only where forty percent (40%) or
more of the existing structures, which face the same side of a street
between the same two (2) intersecting streets, have observed a front
set-back greater or less than the required front yard in that district.
The front yard for a dwelling hereafter erected in the same block
frontage shall be the average set-back of the existing structures,
but in no case shall the front yard be reduced to less than fifteen
(15) feet.
C.
On a corner or external lot, a structure may face either street, except that if a structure, including an attached garage, faces the street side yard (as defined in Section 400.080) the side yard set-back shall be the same as the required front yard set-back in the district. This does not relieve the normal front yard requirement of the lot as defined in this Title.
[R.O. 2014 §410.200; Ord. No. 201 §704, 11-14-1967; Ord. No. 371 §1, 12-28-1978; Ord. No. 415 §3, 10-9-1980; Ord. No. 1644 §1, 10-9-2014]
A.
Building Permits.
1.
No building, or additions to buildings or other structures, as defined herein, shall be erected, constructed, reconstructed, altered, or converted, without first obtaining a building permit from the Building Inspector so appointed. No permit shall be issued unless there is filed in the office of the Building Inspector, information including, but not limited to, construction plans and plot plans, drawn to scale, showing the exact location or locations of any proposed structures of the building site to be occupied, and other information necessary to determine if the proposed application meets the requirements of this and any other ordinance applicable. Said application shall include in writing the proposed use or uses of said buildings or premises. All normal maintenance and cosmetic repairs such as roofing, siding, painting, repair or replacement of doors or windows, not involving structural components of the building, do not require a permit. No permit shall be required for portable buildings as defined in Section 400.080.
2.
An application for a building permit shall be approved or denied
by the Building Inspector within a reasonable time, such time not
to exceed ten (10) business days, from date of receipt. If application
is denied, the reason for such denial shall be stated, in writing,
upon the application, and applicant so notified of such denial.
3.
Fees.
a.
There shall be a fee for each building permit issued for construction of a residence, which said fee shall be determined in Chapter 500, Schedule A — Building Permit Fees and Certain Fees Associated Therewith.
b.
There shall be a fee for each building permit issued for construction of a commercial building, which said fee shall be determined in Chapter 500, Schedule A — Building Permit Fees and Certain Fees Associated Therewith.
c.
The Board of Aldermen, in its absolute discretion, is hereby
authorized to waive building permit fees for public schools, governmental
entities and charitable non-profit organizations, as incentives in
furtherance of the economic development of the City, or in such other
circumstances as may be in the best interests of the City.
[Ord. No. 1711 § 1, 7-28-2016]
4.
A permit shall expire after one (1) year; provided however, that
extensions may be made where warranted.
5.
A record of all building permit applications and building permits
issued shall be kept in the office issuing such permits.
6.
A permit issued in accordance with the provisions of this Title and
pertinent ordinances, may be revoked by the issuing officer at any
time prior to the completion of the structure for which the permit
was issued, when it shall appear there is a departure from the approved
plans, specifications and/or requirements or conditions required under
the terms of the building permit, or the same was issued under false
representation, or that any other provisions of this Title or any
ordinance are being violated.
7.
Failure, refusal or neglect of any property owner, or his/her authorized
representative, to apply for and secure a valid building permit, including
the payment of the prescribed fee as provided, shall be reason for
the issuance of a "stop order" by the Building Inspector; provided
said owner or authorized representative shall have been notified in
writing at least forty-eight (48) hours prior to the issuance of said
"stop order" that he/she is in violation of ordinances of the City.
Said "stop order" shall be posted on or near the property in question,
in a conspicuous place, and no further construction shall proceed
without filing for and receiving a valid permit, the fee for the issuance
of a subsequent permit shall be doubled.
B.
Occupancy Permits.
1.
No change in the use of land, and no change in the use of existing
buildings shall be made until a Certificate of Occupancy shall have
been issued by the Building Inspector. A Certificate of Occupancy
for a new building or the structural alteration of an existing building
shall be applied for coincident with the application for a building
permit, and shall be issued within ten (10) days after the erection
or alteration of such building, or part thereof, shall have been completed
in conformity with the ordinances of the City.
2.
Pending the issuance of a regular Certificate of Occupancy, a temporary
Certificate of Occupancy may be issued by the Building Inspector which
shall be valid for a period not to exceed six (6) months, during the
completion of alterations or during partial occupancy of a building
pending its completion. Such temporary certificate shall not be construed
in any way as altering the respective rights, duties, or obligations
of the owners or of the City relating to the use or occupancy of the
premises or any other matter covered by this Title; and such temporary
certificate shall not be issued except under such restrictions and
limitations as will adequately ensure the safety of the occupants.
3.
The Certificate of Occupancy shall state that the building or proposed
use of the premises complies with all the building and health ordinances,
and with the provisions of this Title.
4.
A record of all Certificates of Occupancy shall be kept on file in
the office of the Building Inspector and copies thereof shall be furnished
on request to any premises affected.
5.
A Certificate of Occupancy shall be required for all non-conforming
uses. Application for a Certificate of Occupancy for non-conforming
uses shall be filed with the Building Official within twelve (12)
months from the effective date of this Title, accompanied by affidavit
or proof that such non-conforming use was lawfully commenced prior
to the effective date of this Title.
6.
A fee of one dollar ($1.00) shall be paid to the Building Inspector
for the issuance of any Certificate of Occupancy.
[Ord. No. 1652, 1-22-2015]
A.
Purpose.
1.
The purpose of this regulation is to find practical solutions
to the siting of telecommunications facilities and their functionally
equivalent services.
2.
The regulation allows for reasonable and fair action necessary
to protect and advance the public interest.
3.
Maintaining quality of life by balancing community and individual
interests with community health and safety is the responsibility of
local government when delivering services benefitting all citizens
of Marshfield.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
APPLICANT
APPLICATION
BASE STATION
BUILDING PERMIT
CELL SITE
COLLOCATION
ELECTRICAL TRANSMISSION TOWER
EQUIPMENT COMPOUND
EQUIPMENT SHELTER
EXISTING STRUCTURE
FUNCTIONALLY EQUIVALENT SERVICE
GUYED TOWER
LATTICE TOWER
LICENSED CARRIER
MONOPOLE
MOUNT
PCS (PERSONAL COMMUNICATIONS SERVICES)
REPLACEMENT
SUBSTANTIAL MODIFICATION
TELECOMMUNICATIONS FACILITY
1.
2.
a.
b.
c.
d.
e.
UTILITY
UTILITY POLE
WATER TOWER
WIRELESS COMMUNICATIONS SERVICE
WIRELESS FACILITY
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this Section, the following terms shall have the meanings
indicated:
Water towers, clock towers, bell steeples, light poles, electric
poles and similar mounting structures that camouflage or conceal the
presence of antennas.
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
Any person engaged in the business of providing wireless
communications services or the wireless communications infrastructure
required for wireless communications services who submits an application.
A request submitted by an applicant to an authority to construct
a new wireless support structure, for the substantial modification
of a wireless support structure, or for collocation of a wireless
facility or replacement of a wireless facility on an existing structure.
A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplied, and other associated electronics,
and includes a structure that currently supports or houses an antenna,
a transceiver, coaxial cables, power supplies, or other associated
equipment.
A permit issued by an authority prior to commencement of
work on the collocation of wireless facilities on an existing structure,
the substantial modification of a wireless support structure, or the
commencement of construction of any new wireless support structure,
solely to ensure that the work to be performed by the applicant satisfies
the applicable building code.
A generic term for a personal wireless service facility.
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings, and other
structures capable of structurally supporting the attachment of wireless
facilities in compliance with applicable codes.
An electrical transmission structure used to support high
voltage overhead power lines. The term shall not include any utility
pole.
An area surrounding or near a wireless support structure
within which are located wireless facilities.
An enclosed structure, cabinet, shed or box at the base of
the mount used to contain batteries and electrical equipment. Also
known as "base transceiver stations."
A structure that exists at the time a request to place wireless
facilities on a structure is filed with an authority. The term includes
any structure that is capable of supporting the attachment of wireless
facilities in compliance with applicable building codes, National
Electric Safety Codes, and recognized industry standards for structural
safety, capacity, reliability, and engineering, including, but not
limited to, towers, buildings, and water towers. The term shall not
include any utility pole.
According to the Telecommunications Act, these five (5) services
are considered functionally equivalent services and must receive the
same treatment by local government:
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
A type of mount that is self-supporting with a single shaft
or wood, steel or concrete and a platform for panel antennas arrayed
at the top.
The structure or surface upon which antennas are mounted.
Types of mounts include roof-mount, side-mount, ground-mount (tower)
and structure-mount.
An advanced form of radiotelephone services, capable of transmitting
and receiving voice, data, text, and video messaging. PCS operates
in the 1850 to 1990 MHz range.
Includes constructing a new wireless support structure of
equal proportions and of equal height of such other height that would
not constitute a substantial modification to an existing structure
in order to support wireless facilities or to accommodate collocation
and includes the associated removal of the preexisting wireless facilities
or wireless support structure.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed, increases the existing vertical height of the structure
by more than ten percent (10%); or the height of one additional antenna
array with separation from the nearest existing antenna not to exceed
twenty (20) feet, whichever is greater; or involves adding an appurtenance
to the body of a wireless support structure that protrudes horizontally
from the edge of the wireless support structure more than twenty (20)
feet or more than the width of the wireless support structure at the
level of the appurtenance, whichever is greater (except where necessary
to shelter the antenna from inclement weather or to connect the antenna
to the tower via cable); involves the installation of more than the
standard number of new outdoor equipment cabinets for the technology
involved, not to exceed four (4) new equipment cabinets; or increases
the square footage of the existing equipment compound by more than
one thousand two hundred fifty (1,250) square feet.
Any antennas, microwave dishes, guy wires, or cables that send
or receive radio frequency signals, and including such accessory structures
as towers, equipment shelters, and fences.
The definition shall not include:
Towers located in an area zoned for commercial or manufacturing
use able to meet the setback requirements set forth within this regulation.
Such tower may be accessory to the principal use.
Any antenna one (1) meter or less in diameter located in any
zone.
Any antenna in excess of one (1) meter in diameter which is
utilized for the reception of broadcast television, video, or radio
signals which may be accessory to the primary use on the premises
of the holder of the broadcast license.
Communication towers and antennas used for non-commercial purposes,
such as ham radio operation or receive only antennas do not require
a conditional use permit as long as the above-mentioned setback requirements
are adhered to.
Public utility owned poles, which shall include municipal utility
owned poles, to which antenna facilities are attached; said utility
poles are subject to the requirements of Subsection (O) of this Section.
Any person, corporation, city, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, wastewater, data, cable television,
or telecommunications or internet protocol-related services.
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables, or wires for telephone,
cable television, or electricity, or to provide lighting.
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services.
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
C.
Conditional Use Permits.
1.
Except for public utility owned poles or similar structures to which antennas are attached in accordance with the requirements of Subsection (O) of this Section, a conditional use permit is required for the location of all telecommunications facilities in the unincorporated areas of Marshfield, Missouri, which includes:
a.
Ground-mount telecommunications facility located within any
Agriculture or Residential District;
b.
Any existing telecommunication facility located within any Agriculture
or Residential District:
(1)
Where mounting of additional antennas add more
than twenty (20) feet to the height of the existing tower; or
(2)
Where the placement of additional supporting structures
or equipment increases the square footage of the existing telecommunication
facility compound by more than twenty-five percent (25%) while still
meeting all other City of Marshfield's Zoning requirements.
2.
A ground-mount telecommunication facility or functionally equivalent
service shall be considered a principal use and may be located within
any Business or Industrial District so long as the facility can maintain
the setback requirements set forth within this regulation.
3.
In granting a conditional use permit the Planning and Zoning
Commission may require conditions mitigating the impact of the tower
location on surrounding properties. These conditions may include in
part:
a.
Screening of the compound surrounding the equipment shelter
and tower;
b.
Lighting;
c.
Tower height;
d.
Landscaping of the site including building materials architectural
requirements when located within or adjoining a Residential District;
e.
Collocation analysis;
f.
Abandonment of the site, which may require dismantling towers
and structures at the owner's expense, and the reclamation of vegetation.
4.
Communication towers and antennas used as part of a home occupation
must adhere to all conditions set forth within this regulation.
a.
Any tower associated with a home occupation and exceeding one
hundred (100) feet in height requires a conditional use permit.
5.
The application requesting the conditional use permit for the
placement of a new wireless support structure or for the substantial
modification of a wireless support structure, or for collocation of
a wireless facility or replacement of a wireless facility on an existing
structure, must include the following information:
a.
A scale site plan showing:
(1)
Property lines,
(2)
Existing land use and zoning,
(3)
Surrounding land use and zoning,
(4)
Access roads,
(5)
Proposed structures,
(6)
Setbacks of proposed structures from property lines,
(7)
Type of proposed mount,
(8)
Proposed landscaping,
(9)
Screening or fencing,
(10)
Parking areas,
(11)
Proposed signage, and
(12)
Proposed lighting of the facility.
b.
A written report describing:
(1)
Tower height and design,
(2)
Engineering specification detailing the tower construction,
(3)
Information on painting,
(4)
Lighting of the tower,
(5)
Tower's capacity, including:
(a)
The number and type of antennas that it can accommodate
as a collocation site.
(b)
A statement in writing that the applicant conducted
an analysis of available collocation opportunities on existing wireless
towers within the same search ring defined by the applicant and that
other existing towers or structures do not provide a suitable location
for the proposed telecommunications facility.
(c)
A copy of a deed to the real estate the applicant
is requesting a conditional use permit to place a new wireless support
structure, or a copy of a lease or letter of authorization or other
agreement from the property owner evidencing the applicant's right
to pursue this application.
6.
In granting a conditional use permit the Planning and Zoning
Commission will consider, but is not limited to, the following factors:
a.
Height of the proposed tower, provided the Commission will not
impose any restriction with respect to objects in navigable airspace
that are greater than or in conflict with the restrictions imposed
by the Federal Aviation Administration.
b.
Proximity of the tower to residential structures and boundaries.
c.
Nature of uses on adjacent and nearby properties.
d.
Surrounding topography.
e.
Surrounding tree and vegetative cover.
f.
Design of the tower, including characteristics that reduce visual
obtrusiveness.
7.
A conditional use permit is required for the installation of
an antenna on an existing structure other than a tower, such as a
building, water tower, light pole or other non-residential structure,
provided that the antenna (including the supporting masts, etc.) meet
all other City of Marshfield Zoning Regulations. For collocation to
any certified historic structure as defined in Section 253.545, RSMo.,
in addition to all other applicable time requirements, there shall
be a twenty-day time period before approval of an application.
8.
In the above-mentioned cases, when approved, the mount shall
be considered to be an accessory use to the principal use.
D.
Additional Requirements.
1.
All towers must meet or exceed current Federal standards and
regulations of the FAA, the FCC, and any other agency of the Federal
or State government regulating the construction and specifications
of towers and antennas.
E.
Tower Designed For Collocation.
1.
Each applicant agrees to cooperate with the City and other applicants
by designing towers such that other users may collocate upon the same
tower.
2.
Specifically, unless otherwise authorized by the Planning and
Zoning Commission, towers shall have such capacity that additional
equipment by the principal user of the tower may be added or secondary
users might lease the balance of the tower.
a.
One (1) amateur antenna can be considered in satisfying the
secondary collocation criteria for commercial towers.
b.
Towers less than sixty (60) feet in height are not required
to meet the above-mentioned collocation criteria.
c.
Applicants must notify the City Administrator in writing of
the name and address of any and all co-users of a tower or antenna.
F.
Proposal On City Owned Property. Any proposal to
lease space on City owned property or structures must be recommended
by the City of Marshfield Planning and Zoning Commission to the Board
of Aldermen of the City.
G.
Adherence To Building Regulations And Required Certificate
Of Insurance.
1.
All towers governed by this Section 410.210 constructed within the City of Marshfield must be permitted by and adhere to all City of Marshfield building regulations.
2.
All towers greater than two hundred (200) feet in height shall
be inspected before a final permit is issued and a copy of the inspection
approval as well as certificate of insurance must be on file with
the City of Marshfield Building Regulations Department office.
H.
Required Fencing. All ground-mount telecommunication
facilities shall be secured with a minimum six-foot security fencing,
the towers equipped with appropriate anti-climbing devices, and clearly
marked "No Trespassing."
I.
Accessory Equipment or Vehicles. No accessory equipment
or vehicles will be allowed to be stored on site unless used in direct
support of the communication facility, unless repairs to the tower
are then currently in progress.
J.
Setbacks.
1.
Towers located within a Residential District must be set back
from the property line a distance equal to the overall height of the
tower constructed, or a minimum setback for the zoning district, whichever
is greater.
2.
Towers located adjacent to any Residential District must be
set back a minimum distance equal to the height of the tower.
3.
Guy wires and other support structures shall maintain a minimum
of twenty (20) feet from the property line in any district.
4.
All towers and accessory buildings must adhere to the minimum
setback requirements within the zoning district in which they are
located.
K.
Landscaping.
1.
The street frontage or front yard of any tower located within
any Residential District shall maintain the yard in a manner consistent
with the residential character of the surrounding neighborhood.
2.
The perimeter of the telecommunications facility site shall
be screened, at a minimum, with a course of coniferous trees, at least
six (6) feet in height at the time of planting, ten (10) feet on center.
3.
The applicant shall, upon application for a conditional use
permit, submit a landscape/site plan detailing the plantings and/or
other features such as privacy fencing, earthen berm, or natural vegetation
buffering the proposed site to be approved.
4.
Existing mature tree growth and natural land forms on or surrounding
the communication facility should be preserved to the maximum extent
possible.
a.
In some cases natural growth around the property perimeter may
be a sufficient buffer to waive the above-mentioned landscape requirements.
5.
Those towers located within two hundred and fifty (250) feet
of a Residential District may be subject to the landscaping requirements
within the nearby Residential Districts.
L.
Lighting.
1.
Towers will be artificially illuminated if required by a FAA
or other governing authority.
2.
The lighting shall be designed with the required guidelines,
yet should cause the least impact on surrounding or nearby properties.
3.
Security lighting around the base of the tower must have direct
rays confined to the property and may be required to be incandescent
in nature.
M.
Tower And Support Building Appearance.
1.
The tower shall be maintained with a galvanized steel finish
or, subject to FAA standards, painted a neutral color to lessen visual
impact or camouflaged to harmonize with the surrounding environment.
2.
The support buildings within a telecommunication facility shall,
to the extent possible, be designed to blend into the surrounding
setting in which they are being sited. This may include, in addition
to landscaping and screening, residential style architecture with
pitched roof, siding, and color.
N.
Discontinued Use.
1.
Any tower no longer in use for the original purpose granted
by the conditional use permit or serving as an approved collocation
site must be dismantled and removed within one hundred and eighty
(180) days of the cessation of operations.
2.
The owner of the tower must notify the City of Marshfield Building
Regulations Department with a copy of any notice given to the FCC
relating to its intent to cease operations.
3.
Upon removal, the tower owners will reclaim the site by obtaining
the property grading permits from the City of Marshfield Building
Regulations Department and reclaiming the disturbed area according
to the City of Marshfield Zoning Regulations.
4.
Weeds and other rank vegetation shall apply to all sites pertaining
to the Marshfield City Code.
5.
An extension to the one-hundred-eighty-day period may be granted
by the Building Regulations Department of the City of Marshfield if
good faith effort is made to resolve the situation.
O.
Public Utility Owned Poles.
1.
Antenna facility attachments may be located on public utility
owned poles used for the distribution of electrical service, located
within a road right-of-way, utility easement or private property in
any zoning district as permitted use, subject to the following standards
and conditions:
a.
The public utility owned pole shall not exceed one hundred and
twenty (120) feet in height above the original grade at the site of
the installation.
b.
The public utility owned pole shall be designed to withstand
applicable wind load requirements as prescribed by the State of Missouri.
c.
The public utility owned pole shall not have fixed or attached
to it, in any way, any lights, reflectors, flashers, daytime strobes,
or steady nighttime light or other illuminating devices except in
the case of a streetlight structure being utilized or as may be required
by the Federal Aviation Administration.
d.
If at a later date the utility pole is not used for an antenna
facility attachment, said antenna facility attachment shall be removed
within one (1) year of non-use.
e.
The public utility, as the owner of the utility pole, shall
ensure that the public utility pole meets all Federal Aviation Administration
requirements, if necessary.
2.
Changes required for public improvements. If
any of the following shall take place any time while the public utility
owned pole is being used as an antenna facility attachment, the public
utility shall, at its own cost and expense and upon reasonable notice
by the City, promptly protect or promptly alter or relocate the public
utility owned pole, so as to conform with such new grades or lines
or as necessary to not interfere with the City project or work in
accordance with a schedule approved by the City of Marshfield Street
Superintendent or his designee:
a.
To prevent interference with a present or future City use of
the rights-of-way;
b.
To prevent interference with a public improvement undertaken
by the City including but not limited to a change in grade or lines
of the rights-of-way or infrastructure therein;
c.
When necessary because of traffic congestion, street vacations,
and freeway grading, sewer, drain, or tract installations or to otherwise
prevent interference with the safety and convenience of ordinary travel
over the rights-of-way;
d.
When required to protect the public health, safety and welfare.
3.
In the event that the public utility unreasonably refuses or neglects to so protect alter or relocate the public utility owned pole, the City shall have the right to break through, remove, alter or relocate such public utility owned pole without any liability to the public utility. The public utility subject to the terms of this Section 410.210 shall pay to the City the costs including overhead incurred in connection with such breaking through, removal, alteration or relocation and indemnify and hold the City harmless for any claims arising out of the City breaking through, removing, altering or relocating said public utility owned pole.
4.
City's emergency authority to move public utility owned
pole. The City may, at any time, in case of fire, disaster
or other emergency, as determined by City's officials, in their reasonable
discretion, move the public utility owned pole, on, over or under
the rights-of-way of the City, in which the City shall not be liable
therefor to the public utility. City shall notify the public utility
of such public utility owned pole to be moved, in writing prior to,
if practicable, but in any event as soon as possible and in no case
later than three (3) business days following any action taken under
this Subsection.
5.
Protect structures. In connection with the construction, operation, maintenance, repair, upgrade or removal of the public utility owned pole, the public utility shall, at its own cost and expense, protect any and all existing structures or drainage facilities belonging to the City and all designated landmarks. Any such alteration shall be made by the public utility at its own cost and expense. The public utility agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the City, any City structure or any other rights-of-way of the City involved in the construction, operation, maintenance, repair, upgrade or removal of the public utility owned pole that may become disturbed or damaged as a result of any work thereon by or on behalf of the public utility. Further, the public utility subject to the terms of this Section 410.210 shall compensate the City for all damages to any real or personal property of any kind whatsoever under the City's management or control resulting from work done by the public utility.
6.
Building permit for antenna facility attachment to public
utility owned poles.
a.
No person or entity shall place, construct, or attach an antenna
to a public utility owned pole without first having obtained a written
statement of approval from the public utility owner, a building permit
from the City of Marshfield Building Regulations Department, pay the
necessary fees, and comply with all City Zoning Code. All antenna
facilities to be mounted to public utility owned poles are subject
to plan review and inspection by the City of Marshfield to determine
compliance with the International Building Code and the requirements
of the City of Marshfield Zoning Code. The applicant shall provide
to the City all information as required by this and any other applicable
regulations of the City at the time of the application for a building
permit.
b.
In addition to any other requirements of this or any other Section
of these regulations, the building permit application for the antenna
facility to be mounted on a public utility owned pole shall include
the following:
(1)
A report and plan from a qualified or registered
engineer or firm that specifies the following:
(a)
The height of the public utility owned pole and
design including cross-section and elevations.
(b)
The height above grade of the desired mounting
position for the antenna.
(c)
The minimum separation distances between antenna
facilities utilizing public utility owned poles, the distance from
any adjoining front or side yard in a residentially zoned district
from a freestanding public utility owned pole and the setback distance
of a freestanding public utility owned pole from a structure or sensitive
feature.
(d)
Structural mounting designs and materials list.
(e)
The design capacity of the public utility owned
pole and as applicable, an engineer's stamp and number.
(f)
Drawings or photographic prospective showing the
public utility owned pole and antenna facility.
(2)
Structural and electrical plans showing how the
public utility owned pole will accommodate the collocation of the
applicant's antenna facility.
(3)
Copies of approvals from the Federal Communications
Commission (FCC) and a statement that the antenna facility complies
with the limits of radio frequency emission standards set by the Federal
Communications Commission. The statement shall list the particular
FCC measured permitted emissions (MPE) limit and the tested or design
limit for the proposed antenna facility.
(4)
Plans and specifications showing how the proposed
antenna facility will be maintained in keeping with International
Building Codes adopted by the City.
(5)
Plan details reflecting the following requirements:
(a)
The antenna facility shall be constructed of or
treated with corrosive resistant material.
(b)
Equipment shall be housed in an enclosure mounted
to the public utility pole, if approved by the public utility, or
may be ground-mounted on a concrete pad. In either approach, the equipment
and or enclosure shall not obstruct a public sidewalk, public street,
or public alley.
(c)
Antennas are limited to panel antennas or omnidirectional
antennas.
(d)
Antennas shall not exceed the height of the public
utility pole.
(e)
Freestanding public utility owned poles that are
located in residentially zoned districts in the City shall not be
located in an adjoining front or side yard within two hundred (200)
feet of any residential dwelling, subject to the City Zoning Code.
(f)
Antenna facilities utilizing public utility owned
poles located in residentially zoned districts in the City shall maintain
minimum spacing of one-fourth (1/4) mile between such antenna facilities
unless it can be demonstrated to the satisfaction of the City of Marshfield
Building Regulations Department that physical limitations, such as
topography, terrain, tree cover or location of buildings, in the immediate
service area prohibits adequate service of the applicant.
(g)
Freestanding public utility owned poles shall be
set back one (1) times the public utility pole, plus ten (10) feet
from the nearest residential structure, commercial or retail building,
water supply, sinkhole or any historic feature.
(h)
Ground-mounted equipment shall be designed to blend
into the surrounding environment through the use of color and camouflaging
architectural treatment or the installation of a privacy fence.
c.
The City may, annually, inspect any antenna facility installed
to insure its structural integrity and the applicant shall pay the
City an inspection fee. If upon such inspection, the City's duly designated
inspector determines that the antenna facility fails to comply with
such applicable codes or regulations and that such failure constitutes
a danger to persons or property, then upon notice being provided to
the owner of the antenna facility, the owner shall have thirty (30)
days to bring the antenna facility into compliance with the applicable
codes and standards. Failure to bring the antenna facility into compliance
within the said thirty (30) days shall constitute grounds for the
removal of the antenna facility by the City at the owner's expense.
P.
Changes Required For Public Improvements.
1.
If any of the following shall take place any time while an applicant's
antenna facility is within the City's rights-of-way or on private
property, then the applicant or any other person holding a leasehold
or other ownership interest shall, at its own cost and expense and
upon reasonable notice by City, promptly protect or promptly alter
or relocate the antenna facility or any part thereof, so as to conform
with such new grades or lines or as necessary to not interfere with
the City project or work in accordance with a schedule approved by
the City of Marshfield Street Superintendent or his designee:
a.
To prevent interference with a present or future City use of
the rights-of-way;
b.
To prevent interference with a public improvement undertaken
by the City including but not limited to a change in grade or lines
of the rights-of-way or infrastructure therein;
c.
When necessary because of traffic congestion, street vacations,
freeway grading, sewer, drain, or tract installations or to otherwise
prevent interference with the safety and convenience of ordinary travel
over the rights-of-way;
d.
If applicant's property has not been removed following abandonment thereof under this Section 410.210;
e.
When required to protect the public health, safety and welfare.
2.
In the event that an applicant or such other person unreasonably refuses or neglects to so protect, alter or relocate all or part of the antenna facility, the City shall have the right to break through, remove, alter or relocate such part of the antenna facility without any liability to an owner, applicant or other person, or customers of the applicant or other person or others. The applicant or other persons subject to the terms of this Section 410.210 shall pay to the City the costs including overhead incurred in connection with such breaking through, removal, alteration or relocation and indemnify and hold the City harmless for any claims arising out of the City breaking through, removing, altering or relocating said antenna facility or part thereof.
Q.
City's Emergency Authority To Move Antenna Facility. The City may, at any time, in case of fire, disaster or other emergency,
as determined by the City's officials in their reasonable discretion,
cut or move any part or parts of the antenna facility on, over or
under the rights-of-way of the City, in which event the City shall
not be liable therefor to an owner, applicant or other person, its
service area or customers. City shall notify an owner, applicant,
or other person owning an interest in the antenna facility to be moved,
if such person has provided the City with a local agent for this purpose,
in writing prior to, if practicable, but in any event as soon as possible
and in no case later than three (3) business days, following any action
taken under this Subsection.
R.
Applicants And Owners Required To Move Antenna Facility. An owner, or applicant, upon prior written notice by the City or
any person holding a permit to move any structure, shall temporarily
move any part of its antenna facility to permit the moving of said
structure. Such movement of owner's or applicant's antenna facility
shall be undertaken within a reasonable time period under the circumstances.
An owner or applicant may impose a reasonable charge on any person
other than the City, or its contractors performing City work, for
any such movement of its antenna facility.
S.
Protect Structures. In connection with the construction, operation, maintenance, repair, upgrade or removal of the antenna facility, an applicant shall, at its own cost and expense, protect any and all existing structures or drainage facilities belonging to the City and all designated landmarks, as well as all other structures within any designated landmark district. Applicant shall obtain the prior written approval of the City before altering any power facility, sewerage or drainage facility, or any other City structure on, over or under the rights-of-way of the City required because of the presence of the antenna facility. Any such alteration shall be made by the applicant at its own cost and expense and in a manner prescribed by the City. An applicant agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to its prior condition in any manner as may be reasonably specified by the City, any City structure or any other rights-of-way of the City involved in the construction, operation, maintenance, repair, upgrade or removal of the antenna facility that may become disturbed or damaged as a result of any work thereon by or on behalf of an applicant. Further, applicant or any other person who is subject to the terms of this Section 410.210 shall compensate the City for all damages to any real or personal property of any kind whatsoever under the City's management or control resulting from work done by or on behalf of such person or applicant.
T.
Safety Precautions. Applicant shall, at its own
cost and expense, undertake all necessary and appropriate efforts
to prevent accidents at its work sites, including the placing and
maintenance of proper guards, fences, barricades, security personnel
and suitable and sufficient lighting, and such other requirements
prescribed by law or industry standards, custom and practice, if applicable.
An applicant shall comply with all applicable Federal, State and local
requirements including but not limited to the National Electric Safety
Code.
U.
Repair Of Rights-Of-Way And Property. Any and all
roads or public property or private property which are disturbed or
damaged during the construction, repair, replacement, relocation,
operation, maintenance or reconstruction of the antenna facility shall
be promptly repaired by applicant, at its expense, to a condition
as good as that prevailing prior to construction. If applicant fails
to repair or replace or otherwise correct a road or property, the
City may draw on its performance bond and complete any repair, replacement
or other correction. If no performance bond is available, applicant
shall pay within twenty (20) days of receipt of the invoice for the
City's actual costs in repairing the rights-of-way to a condition
as good as that prevailing prior to construction. Repair work, whether
performed by applicant or any other person, shall be to the specifications
and requirements of the Building Regulations Department as amended
from time to time and on file with the Department. Changes in the
specifications for repair to the rights-of-way shall be approved by
the Board of Aldermen.
V.
Antenna Facility Maintenance. An applicant shall:
1.
Put, keep and maintain all parts of its antenna facility on
the City's rights-of-way in good condition so as not to create the
possibility of injury to any person, or property, including the rights-of-way
itself.
2.
Install and maintain its antenna facility in accordance with
standard good engineering practices and shall conform, when applicable,
with the National Electrical Safety Code and all applicable other
Federal, State and local laws or regulations. Failure to install and
maintain its antenna facility in accordance with the foregoing specifications
shall relieve any party, including the City, from liability for cutting,
damaging or otherwise injuring the antenna facility.
3.
At all reasonable times, permit examination by any duly authorized
representative of the City, of the antenna facility, together with
any appurtenant property of an applicant situated within or on City
rights-of-way or other property.
W.
Damages And Defense.
1.
Any applicants and any persons subject to the terms of these
regulations who has an antenna facility on a public utility pole located
in the City right-of-way or on City property under this regulation
shall indemnify, defend, and hold harmless the City for all damages
and penalties, at all times said antenna facility is located on City
property or right-of-way, as a result of the procedures for granting
or denial of the building permit, applicant's conduct or performance
under this regulation, or a permit. These damages and penalties shall
include, but shall not be limited to, damages arising out of personal
injury, death, property damage, copyright infringement, defamation,
antitrust, errors and omission, theft, fire, and all other damages
arising out of the applicant or any other person's exercise of the
privileges extended under this regulation, whether or not any act
or omission complained of is authorized, allowed or prohibited by
this regulation of the City; such indemnification shall include, but
not be limited to, reasonable attorney's fees and costs and shall
cover all manner of litigation regardless of who the parties are.
2.
In order for the City to assert its rights to be indemnified,
defended, or held harmless, the City must:
a.
Notify applicant of any claim or legal proceeding which gives
rise to such right;
b.
Afford applicant or any excepted person the opportunity to participate
in and fully control any compromise, settlement or other resolution
or disposition of such claim or proceeding, unless, however, the City,
in its sole discretion, determines that its interests cannot be represented
in good faith by applicant; and
(1)
Fully cooperate with the reasonable requests of applicant, at applicant's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to Subsection (W)(2) above.
(2)
Act reasonably under all circumstances so as to
protect the indemnitor against liability and refrain from compromising
any of indemnitor's rights. However, no claim shall be settled or
compromised without prior notice to the City and without the consent
of the City.
(3)
In the event the City, in its sole discretion, determines that its interest cannot be represented in good faith by applicant, the applicant shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in Subsection (W)(1) above. City shall inform applicant of the reasons for such action. These expenses shall include all out-of-pocket expenses, such as attorney's fees and costs.
X.
Liability Insurance.
1.
Applicant shall acquire and maintain throughout the term any antenna facility is located on City property or its right-of-way, adequate comprehensive general liability insurance with a company licensed to do business in the State of Missouri with a rating by Best of not less than an "A," or a certificate of self-insurance acceptable to the City Attorney, insuring applicant and the City, its elected officials and employees with regard to all damages mentioned in Subsection (W)(1) hereof, in an amount sufficient to cover the sovereign immunity limits for public entities as calculated by the Missouri Department of Insurance and published annually in the Missouri Register pursuant to Section 537.610, RSMo. For example, during the calendar year 2014, the applicant shall maintain comprehensive general liability insurance coverage for all claims arising out of a single accident or occurrence of at least two million six hundred fifty-seven thousand five hundred eighty-seven dollars ($2,657,587.00) and for any one person in a single accident or occurrence of at least four hundred three thousand one hundred thirty-nine dollars ($403,139.00). Applicant shall maintain liability insurance of three million dollars ($3,000,000.00) for all other types of liability. The privilege of self-insurance may be withheld from any company with a net worth of less than five million dollars ($5,000,000.00).
2.
All amounts shown in Subsection (X)(1) shall be adjusted annually by the Missouri Department of Insurance and published annually in the Missouri Register pursuant to Section 537.610, RSMo,. to an amount equal to any change in the limits of the City's liability for conditions of its property under State or Federal law.
3.
If applicant sells or transfers its interests in the use or
ownership of the antenna facility or in the event of termination or
revocation of this permit, an insurance tail, reasonably acceptable
to the City, shall be purchased and filed with City for the then-applicable
amounts, providing coverage for the time periods according to applicable
statutes of limitation, insurance for any issues attributable to the
period applicant held the permit.
4.
At the time of acceptance, applicant shall furnish to the City
a certificate evidencing that a satisfactory insurance policy has
been obtained. Said certificate shall be approved by the City and
such insurance policy shall require that the City be notified thirty
(30) days prior to any expiration or cancellation.
5.
All insurance policies maintained pursuant to this Subsection
shall contain the following endorsement:
|
"It is hereby understood and agreed that this insurance policy
may not be canceled by the surety, nor may the intention not to renew
be stated by the surety until thirty (30) days after receipt by the
City, by registered mail, of a written notice of such intention to
cancel or not to renew."
|
Y.
Maintain Records.
1.
Applicant shall at all times maintain and make available to
the City of Marshfield Building Regulations Department, or its designee,
upon request, a full and complete set of plans, records and "as-built"
hard copy maps or provide in electronic format compatible with City's
existing GIS system, or a successor system, of all existing antenna
facility on public utility owned poles, locations to property lines
and depth or height of same, properly identified and described as
to the types of equipment and facility by appropriate symbols and
marks which shall include annotations of all rights-of-way where work
will be undertaken.
2.
Applicant need not disclose the components contained within
the antenna facility to the City or other information deemed proprietary
provided such information is deemed not necessary by the City of Marshfield
Building Regulations Department for purposes of managing the use of
the rights-of-way or ensuring the safety of the public or the rights-of-way
themselves.
4.
The City of Marshfield Building Regulations Department may specify
a different electronic format as needed for the City of Marshfield
Building Regulations Department or such other City Department assigned
the responsibility to maintain an electronic database of information
relative to the City's rights-of-way, to evaluate and maintain an
adequate database of infrastructure information in its sole discretion.
However, nothing herein shall be construed to require any applicant
to create maps or records of facilities existing as of the date of
the passage of this regulation which do not already exist.
Z.
Additional Information And Reports. Upon the request
of the City, an applicant shall, within a reasonable time, submit
to the City any information or report reasonably related to an applicant's
obligations under the regulation and any permit, its business and
operations, or those of any affiliated person, with respect to the
antenna facility or its operation, in such form and containing such
information as the City shall specify. Such information or report
shall be accurate and complete and supplied within ten (10) business
days or at a time mutually agreed to by the City and applicant.
AA.
Confidentiality. If the information required
to be submitted in any report, map, data compilation or other writing
is proprietary in nature or must be kept confidential by Federal,
State or local law, upon proper request by an applicant such information
shall be treated as confidential, making it available only to those
persons who must have access to perform their duties on behalf of
the City, including but not limited to the Department of Finance,
the Office of the City Attorney, and the Board of Aldermen, provided
that an applicant notifies the City, and clearly labels the information
which an applicant deems to be confidential or proprietary information.
Such notification and labeling shall be the sole responsibility of
the applicant. To the extent that Missouri Sunshine Law[1] or any other State or Federal requirement for privacy
applies to the information to be submitted, such law shall control.
[1]
Editor's Note: See Ch. 610, RSMo.
AB.
Applicant's Expense. All reports and records
required under this regulation shall be furnished at the sole expense
of an owner or applicant, except as otherwise provided in this regulation
or permit.
