[Ord. No. 3674 §§1—3, 8-17-2005]
The district regulations contained in this Article qualify or
supplement, as the case may be, zoning district regulations appearing
elsewhere in this Chapter. Unless otherwise stated, the regulations
hereafter established shall apply within all zoning districts established
by this Chapter. Appendix B provides a summary of the density and
dimensional regulations for each zoning district. Exceptions to these
regulations are contained in this Article.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
The
following exceptions shall not be permitted within one (1) mile of
an airport, landing field or landing strip, or in conflict with any
governmental regulations concerning the height of structures surrounding
such locations, unless they are approved by the Council.
1.
Public, semi-public or public service buildings, hospitals, institutions
or schools, when permitted in a district, may be erected to a height
not exceeding sixty (60) feet, and churches and temples may be erected
to a height not exceeding seventy-five (75) feet, if the building
is set back from each yard line at least one (1) extra foot for each
extra foot, or part of a foot, of additional building height above
the height limit otherwise provided in the district in which the building
is built.
2.
Single-family dwellings and two-family dwellings in the dwelling
district may be increased in height by not more than ten (10) feet
above the height limit otherwise provided in the district in which
the building is built, provided that, the building be set back from
each yard line at least one (1) extra foot for each extra foot, or
part of a foot, of additional building height, but in no event shall
they exceed three (3) stories in height.
3.
Chimneys, cooling towers, elevators, bulkheads, fire towers, monuments,
stacks, stage towers, scenery lofts, tanks, water towers, ornamental
towers and spires, church steeples, communication towers, silos, farm
buildings or necessary mechanical appurtenances may be erected to
any lawful and safe height.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings or swimming pools in a rear yard and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features, projection of which is not to exceed twelve (12) inches. This requirement shall not prevent the construction of covered projections in accordance with the provisions of Section 405.410 or of fences in accordance with the provisions of Section 405.390.
B.
Open
or lattice-enclosed fire escapes, fireproof outside stairways and
balconies opening upon a fire tower projecting into a yard not more
than five (5) feet and the ordinary projections of chimneys and flues
are permitted.
C.
An
open, unenclosed or screened porch or paved terrace may project into
a front yard for a distance not exceeding ten (10) feet.
[Ord. No. 3674 §§1—3, 8-17-2005]
Where buildings are located on double frontage lots, a front
yard, provided for in the zoning district in which the building is
built, shall be provided on both streets.
[Ord. No. 3674 §§1—3, 8-17-2005]
In computing the depth of a rear yard or the width of a side
yard where the rear or side yard opens on an alley, one-half (½)
of the alley width may be included as a portion of the rear or side
yard, as the case may be.
[Ord. No. 3674 §§1—3, 8-17-2005]
More than one (1) industrial, commercial, multiple-dwelling
or institutional building may be erected upon a single lot or tract,
but the yards and open spaces required around the boundaries of the
lot or tract shall not be encroached upon by any such buildings, nor
shall there be any change in the intensity of the use requirements.
[Ord. No. 4092-10 §2, 5-19-2010]
A.
Lot Coverage. In no case shall the lot coverage of a single-family
detached residential lot including driveways and all impervious surfaces
exceed:
1.
For lots seven thousand (7,000) square feet or less in area, seventy
percent (70%); and
2.
For lots greater than seven thousand (7,000) square feet in area
but less than twenty thousand (20,000) square feet, sixty percent
(60%); and
3.
For lots twenty thousand (20,000) square feet or greater in area,
fifty percent (50%).
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
All
accessory buildings, structures and uses are subordinate and incidental
to a principal building or use. Examples of accessory buildings and
structures include, but are not limited to, the following: detached
garages and carports, personal greenhouses, above-ground swimming
pools, tennis courts, storage/utility sheds, satellite dishes/antennas.
Any attached building or structure shall be considered as a part of
the principal building and shall conform to all regulations applicable
to said main building.
B.
All
detached accessory buildings and structures shall be permitted with
the following provisions applicable:
1.
No accessory building or structure shall be constructed upon a lot
until the construction of the main building has been actually commenced,
except as a temporary construction facility for the main building.
No accessory structure, building or use shall be allowed to continue
after termination of the primary structure, building or use on the
lot.
2.
Accessory buildings, which are to be used for storage purposes only,
may be erected upon a lot prior to the construction of the main building.
3.
No accessory building shall be used for dwelling purposes, other
than by domestic servants employed entirely on the premises.
4.
Any attached building or structure shall be considered as a part
of the principal or main building and conform to all regulations applicable
to the principal building. The exterior color of all accessory buildings
and structures shall be consistent and blend in with the color(s)
of the principal building(s).
5.
Accessory buildings and structures, except garages, must be located
in the rear yard of a lot and conform to all provisions of this Chapter.
No detached accessory building or structure shall be permitted in
any required front yard.
6.
Swimming pools may be built in a rear yard no less than six (6) feet
from the side or rear lot lines.
7.
Accessory buildings containing not more than one hundred (100) square
feet may be built no less than two (2) feet from the side or rear
lot line. Those accessory buildings containing more than one hundred
(100) square feet may be built no less than six (6) feet from the
side or rear lot lines.
8.
The combined gross area of all detached accessory buildings and structures
shall not exceed thirty percent (30%) of a required rear yard.
9.
On a corner lot, all accessory buildings (except garages) and structures
must be located in the rear yard of a lot on the interior side.
10.
An accessory building or structure in a residential district shall
not exceed one-half (½) the ground floor area of the principal
building.
11.
The height, or above grade elevation, of an accessory building or
structure shall not exceed that of the principal building.
12.
No accessory building or structure shall be located within or partially
within a utility easement.
13.
All detached accessory buildings or structures shall require a building
permit. Said buildings and structures shall meet the required setbacks
of the applicable zoning district.
14.
In non-residential districts adjacent to dwelling districts, see
appropriate district area regulations for exceptions.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
No
temporary structure, including trailers or mobile homes, shall be
occupied for any residential, commercial or industrial use except
as specifically permitted or required by this Chapter.
[Ord. No. 4722-19, 11-20-2019]
B.
The
temporary occupancy of structures for emergency conditions, such as
fire, explosion, flood or other disaster, shall be allowed until conditions
are abated. For the purpose of this Section, temporary shall refer
to a period not to exceed one (1) year or as determined by the Code
Enforcement Officer.
C.
The
Code Enforcement Officer is authorized to issue a permit for a temporary
use within any zoning district, provided it meets the requirements
of this Section. The permit shall be issued for a specified period
of time and shall contain health, safety assurances or guarantees
of compliance with conditions as is reasonable and appropriate under
the circumstances. All temporary buildings used for commercial purposes
shall require a temporary use permit.
D.
Temporary Buildings, Structures And Uses Permitted.
1.
Christmas tree sales in any commercial or industrial district for
a period not to exceed forty-five (45) days.
2.
Contractor or construction offices, equipment sheds and/or storage
sheds accessory to a construction project and to continue only during
the duration of construction of such project. Temporary buildings,
including trailers, are to be removed from the property within forty-five
(45) days of project completion or within thirty (30) days after voluntary
suspension of work on the project or revocation of building permits.
An occupancy permit shall be required for all buildings and structures
used as contractor or construction offices, equipment sheds and storage
sheds.
3.
Real estate offices incidental to a new housing development may continue
only until the sale or lease of all dwelling units in the development.
Said offices must be closed and operations discontinued and all temporary
structures and facilities removed from the property within thirty
(30) days after all lots or dwellings have been sold, rented or leased.
An occupancy permit shall be required for all buildings and structures
used as real estate or field offices.
4.
Seasonal sales of farm produce grown on the premises within the "NU"
District.
5.
Carnivals and circuses, only in the commercial or industrial districts
and only for a period not exceeding three (3) weeks per calendar year.
6.
Residential garage and yard sales, a maximum of two (2) sales with
a maximum of four (4) days per calendar year per lot.
7.
Temporary buildings for commercial purposes, subject to the following
requirements:
a.
An approved site plan for the primary permanent building or facility
prior to the installation of the temporary building.
b.
A building permit must be issued for the permanent structure prior
to installation of temporary building.
c.
The temporary structure must comply with all Zoning, Fire and Building
Code regulations.
d.
The temporary building must be located on the same site as the permanent
facility or on the property directly abutting the site of the permanent
facility.
e.
The temporary building will be allowed for a maximum of thirty (30)
days from the date of installation on the site, unless additional
time is approved in writing from the Code Enforcement Officer.
8.
Temporary or outwardly incomplete buildings or structures, open excavation
for a basement of foundation and buildings or structures so damaged
as to become unfit for use of habitation shall not be permitted, maintained
or remain in such condition for more than a time period to be stipulated
by the Code Enforcement Officer.
9.
No building material, construction equipment, machinery or refuse
shall be stored, maintained or kept in the open upon any lot, parcel
or tract of land other than in such districts as permitted in the
Chapter, except during actual construction operations upon said lot,
parcel or tract of land.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4137-11 §2, 4-6-2011]
A.
Every
dwelling erected within the City after the adoption of this Chapter
shall have a minimum ground floor area of not less than nine hundred
(900) square feet or a minimum of one thousand one hundred (1,100)
square feet without basement, exclusive of unenclosed porches and
garages, and shall provide indoor sanitary facilities. Its architecture
and general appearance shall be in keeping with the character of the
neighborhood so as not to be detrimental to the general welfare of
the community in which it is located.
B.
Every
application for a building permit for a structure which, in the opinion
of the Director of Public Works, indicates that the structure would
be unsightly, grotesque and unsuitable when compared to surrounding
structures or is detrimental to the stability of values of surrounding
property and does not conform in general to the surrounding property
shall be submitted by the Director of Public Works, along with plans,
elevations, detailed drawings and specifications, to the Architectural
Board of Review for recommendation before being finally approved by
the Director of Public Works.
C.
In
the event an application is refused by the Director of Public Works,
the applicant may appeal the action to the Board of Adjustment in
accordance with the provisions of this Chapter.
D.
If
the Board of Adjustment approves an application, the Director of Public
Works shall issue the permit. Upon failure by the Board of Adjustment
to act within sixty (60) days after the Director of Public Works shall
have delivered the plans to the Board of Adjustment, the Director
of Public Works shall issue the permit.
E.
If
the Board of Adjustment denies an application with recommendations,
the Director of Public Works shall issue the permit, provided that
the applicant shall make appropriate changes in the drawings and specifications
and agree to comply with the recommendations of the Board of Adjustment.
If the applicant shall refuse to comply with the recommendations,
the Director of Public Works shall refuse to issue the permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
In all zoning districts, mechanical, electrical, communication,
air-conditioning or other equipment, including the base of any satellite
dishes in excess of thirty-six (36) inches in diameter, located on
the roof of a building shall be completely screened from view at the
discretion of the Code Enforcement Officer.
A.
Solid Waste containers and solid waste container enclosures installed
or relocated after March 15, 2017, serving: (i) multi-family facilities
in the "R-6" Multi-Family Zoning District; and (ii) solid waste containers
and solid waste container enclosures serving mobile home parks regardless
of zoning district, and (iii) solid waste containers and solid waste
container enclosures serving all non-residential facilities, shall
meet the following location and design requirements and be approved
by the Public Works Director or designee:
1.
All solid waste containers for multi-family facilities in the
"R-6" Zoning District, and containers serving mobile home parks as
described above, and all solid waste containers serving non-residential
facilities shall be enclosed on all sides as hereinafter provided.
2.
A building permit shall be obtained prior to construction of
any enclosure.
3.
Solid waste containers and enclosures shall be located to the
rear of the rear building line in a location approved by the Public
Works Director or designee unless the Public Works Director or designee
determines that it is impractical to locate a solid waste container
and enclosure to the rear of the rear building line due to lack of
appropriate access or inadequate space to install or service a solid
waste container of a size appropriate for the facility.
4.
Solid waste container enclosures shall have opaque screening
on all four (4) sides constructed of the same building material and
color as the primary building. Enclosures in industrial zoning districts
may be constructed of chain link fencing with vinyl or similar slats
that fully screen the solid waste container.
5.
The height of solid waste container enclosures shall extend
above the height of the top of the container, but in no event shall
be less than six (6) feet in height.
6.
Gates shall be mounted to concrete-filled steel posts having
a minimum thickness of four (4) inches concrete-filled steel posts.
Gates may be constructed of chain link fencing with vinyl or similar
slats that fully screen the container. Gates not properly supported
by steel posts shall be supported by a wheel.
7.
Solid waste containers shall be set on a six-inch thick concrete
pad which shall extend a minimum of six (6) feet outside the gates.
8.
Solid waste containers located in multi-family zoning districts,
or in mobile home parks regardless of zoning district, shall include
a pedestrian gate or access walkway.
9.
Solid waste container enclosures shall be located a minimum
of twenty (20) feet from any adjacent property zoned or used for a
single-family residence.
10.
Enclosures and gates shall be kept in good repair and working
order at all times. Any missing or damaged slats or inserts installed
to comply with these screening requirements shall be replaced promptly.
[1]
Editor's Note: Section 3 of Ord. No. 4530-17 also changed
the title of this Section from "Screening of Trash Bins" to "Location
And Enclosure Of Solid Waste Containers For Non-Residential And Certain
Multi-Family Facilities." Additionally, Section 5 of Ord. No. 4530-17
states that any solid waste container screening or enclosure approved
located and installed in Hazelwood at the time of this ordinance shall
be considered a legal non-conforming structure.
[Ord. No. 3674 §§1—3, 8-17-2005]
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4190-11 §1, 12-7-2011]
A.
Owners
of multiple-family dwelling parking lots and those areas of all non-residential
parking lots designed and/or utilized for public access after dark
shall provide lighting during time of occupancy and said lighting
shall be designed, installed and maintained so as to achieve the illumination
set forth herein:
1.
Lighting shall be maintained so as to achieve not less than eighty
percent (80%) of the minimum and average illumination levels set forth
in the table herein.
2.
The Code Enforcement Officer may permit facilities related to or
supported by charity to utilize the standards set forth for multiple
dwellings instead of the non-residential requirements, provided illumination
shall be adequate for usage.
3.
The source of illumination shall not be lower than ten (10) feet
above grade except where approved by the Code Enforcement Officer.
4.
All lighting, including any permitted by illuminated sign, shall
be arranged so there will be no annoying glare directed or reflected
toward residential buildings or toward motorists on adjacent streets.
5.
Illumination standards in foot-candles for structures and their parking
areas are as follows:
|
Multiple Dwelling
|
Non-Residential
| ||
|---|---|---|---|
|
Minimum initial level at any point on the parking area
|
0.07
|
0.5
| |
|
Average initial level
|
0.35
|
1.0
| |
|
Maximum initial level five (5) feet from base of a standard
light
|
3.0
|
8.0
|
6.
For the purposes of this Section, "non-residential" refers to parking areas for any land use, regardless of zoning
designation, in which goods, services or entertainment are offered
to the general public on the premises.
B.
All
new parking areas shall meet these requirements prior to the issuance
of an occupancy permit.
C.
All
new site plans must include a photometric plan of the site.
D.
The
maximum light level shall be one-half (0.5) maintained foot-candle
at any property line in or adjacent to residential zoning district
and two (2.0) maintained foot-candles at any public street right-of-way
or adjacent to commercial or industrial zoning district.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Open Mesh Type.
1.
Open mesh type wire fences six (6) feet or less in height may be
located on or within property lines in side and rear yards in dwelling
districts. Such open mesh fences higher than six (6) feet may enclose
public parks, recreational and school areas and lots or parcels in
the "C-2" General Commercial, "C-3" Highway Commercial, "I-1" Light
Industrial and "I-2" Heavy Industrial Districts. Within dwelling districts,
the unfinished edge of the fence fabric shall be faced toward the
ground. All open mesh type fences shall be supported at the top with
a top rail designed for said purposes.
2.
Corner lots may be fenced along the side property line, only as far
as the building line on that street side, but any such fence shall
not be permitted between the building line and the street right-of-way.
3.
Double frontage lots may be fenced along the side property line,
only as far as the front or rear building line, whichever is applicable
for that street side, but any such fence shall not be permitted between
the front or rear building line and the street right-of-way.
B.
Wood Or Similar Type Fence.
1.
Wood or similar type fences are those fences using wood and opaque
or similar type material for the cross sections between or attached
to the supporting posts, despite the material used for said supporting
posts. Wood or similar type fences shall have thirty percent (30%)
or more of their entire surface open and shall not be higher than
four (4) feet, except as provided in "I-1" Light Industrial and "I-2"
Heavy Industrial Districts. In no event may wood or similar type fencing
be erected closer to the front yard than the building line. Such fence
may be erected on the property line. Wood or similar type fences may
be permitted on the property line where property abuts commercial
or industrial districts. Further, the wood fence may be erected to
the property line on interior lots at the front building line.
2.
On corner lots, the wood fence may extend only to the building line
on the street sides.
C.
Privacy Fences.
1.
A "privacy fence" is a wood or opaque fence which
allows little or no air or light to pass through it. A privacy fence
may be erected no closer to the front yard than the building line.
Such fence may be constructed to a maximum height of six (6) feet.
Such privacy fences may be erected on the property lines.
2.
Privacy fences may be permitted on the property line where property
abuts commercial or industrial districts. Further, the privacy fence
may be erected to the property line on interior lots at the front
building line.
3.
On corner lots the privacy fence may extend only to the building
line on the street sides.
4.
The regulations for privacy fences contained herein are applicable
only for residentially zoned property and for that non-residentially
zoned property which abuts residentially zoned property.
D.
Swag Or Decorative Fences. A swag or decorative fence is
permitted in front of the building line if such fence is not higher
than thirty (30) inches.
E.
Barbed Wire Or Electrically Charged Fences.
1.
No barbed wire fences shall be erected within dwelling districts
or in non-dwelling districts abutting a dwelling district.
2.
If barbed wire strands are to be installed in non-dwelling districts
and the fence is located on the property line, the barbed strands
must face inward, toward the owner's property. If the owner wishes
to have the barbed wire strands facing outward, away from his/her
property, he/she must move his/her fence inside his/her property a
sufficient distance, such that the overhand of the barbed wire falls
entirely within his/her property.
3.
Electrically charged fences shall not be permitted in the City except
in compliance with the requirements and limitations of this Subsection.
"Electric fences" consisting of Underwriters' Laboratories' approved
electrically charged elements may be used to enclose animals or exclude
animals from agriculture on lots of one (1) acre or more. Such fences
cannot be used as stand-alone boundary fences and must bear a sign
stating "Warning: Electric Fence" or similar wording at least every
two hundred (200) lineal feet.
4.
"Electric fences", as defined above, which:
5.
No razor-style wire shall be permitted.
F.
A building
permit is required for all types of fences and no fence shall be constructed
or replaced unless and until a building permit is issued by the Department
of Public Works. Such permit fees shall be set forth in the fee schedule
kept in the offices of the Director of Public Works. Two (2) sets
of plot plans indicating fence locations shall be submitted to and
approved by the Department of Public Works.
[Ord. No. 4674-19, 4-17-2019]
G.
All
fences shall be constructed with the structural or supporting members
located within or towards the area to be enclosed or in such a manner
as to present the least conspicuous view of these members to the public.
H.
All
fences shall be maintained in good condition and repair in regard
to construction and paint and maintenance and such determination shall
be made by the Department of Public Works.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Purpose And Intent. It is the intent of this Chapter to
recognize and permit home occupations as limited non-residential business
activities in the "R" Dwelling Districts and to regulate such activities.
In this regard, home occupations shall be regulated in order to ensure
compatibility with other uses permitted in the "R" Dwelling Districts
and to protect residential neighborhoods from potential adverse impacts
(e.g. excessive noise, traffic, nuisances, etc.) associated with home
occupations.
B.
Permitted Uses. Examples of permitted home occupations include,
but are not necessarily limited to, the following: tutoring, artist,
mailings, telephone answering service and Internet-related occupations.
Uses specifically prohibited include, but are not necessarily limited
to, the following: auto and truck repair; auto sales; vehicle painting;
storage of construction materials or equipment; retail and wholesale
sales; eating or drinking establishments.
C.
Standards. Home occupations shall be permitted as an accessory
use to a residential use in any "R" Dwelling District subject to the
following requirements.
1.
A home occupation permit is required by the City. The applicant(s)
shall complete and submit an application, as provided by the City,
for a home occupation permit with the Code Enforcement Officer.
2.
A home occupation permit shall be issued only to the individual occupying
the dwelling as his/her residence and conducted only by persons residing
within the residence. Home occupation permits shall not be transferable
and shall terminate upon the sale or transfer of the property to a
new owner.
3.
A home occupation shall be conducted either within a dwelling (residence)
and/or in the garage associated with the dwelling and shall be clearly
incidental and subordinate to the principal use as a residential dwelling.
4.
Home occupations shall not occupy more than twenty percent (20%)
of the total floor area of the dwelling and/or garage used for the
home occupation.
5.
Home occupations shall comply with all local, County, State or Federal
regulations pertaining to the activity pursued.
6.
No alteration of the exterior of the dwelling in which the home occupation
is being conducted shall be made which changes the character thereof
as a dwelling.
7.
There shall be no visible evidence of the home occupation except
for the provision of one (1) home occupation sign which is in conformance
with the sign regulations of the City of Hazelwood. No other advertising
or business signs are permitted in conjunction with the home occupation.
8.
No outdoor storage, display or sale of materials, commodities, stock
in trade or equipment used in the home occupation shall be permitted.
9.
No retail or wholesale sales of items are allowed on the premises.
10.
No equipment or process shall be used in a home occupation which
creates excessive noise, odor, vibration or glare or electrical disturbances
detrimental to the health, safety, peace, comfort and welfare of the
persons residing in the neighborhood.
11.
The home occupation shall not require additional off-street parking
spaces for clients or customers.
12.
Traffic generation associated with home occupations shall not exceed
that normally generated by a residential dwelling without a home occupation.
A.
Purpose.
The purpose of this Section is to:
1.
Provide for the appropriate location and deployment of wireless communications
infrastructure to better serve the citizens and businesses of the
City of Hazelwood and the metropolitan St. Louis area;
2.
Minimize adverse visual impacts of wireless facilities and support
structures through careful design, siting, landscape screening and
innovative camouflaging techniques;
3.
Encourage the use of disguised support structures so as to protect
the architectural and scenic quality of the City;
4.
Comply with applicable law including the Federal Telecommunications
Act of 1996, 47 USC 332, and the Missouri Uniform Wireless Communications
Infrastructure Deployment Act, Section 67.5090 RSMo., et seq.
B.
ACCESSORY EQUIPMENT
ANTENNA
APPLICANT
APPLICATION
BUILDING PERMIT
COLLOCATION
DIRECTOR
DISGUISED SUPPORT STRUCTURE
ELECTRICAL TRANSMISSION TOWER
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FAA
FCC
HEIGHT
REPLACEMENT
STANDARD OUTDOOR ADVERTISING STRUCTURES
SUBSTANTIAL MODIFICATION
a.
b.
c.
d.
UTILITY
UTILITY POLE
WATER TOWER
WIRELESS COMMUNICATION SERVICE
WIRELESS FACILITY
WIRELESS SUPPORT STRUCTURE
Definitions.
As used in this Section, the following terms shall have these prescribed
meanings:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters, or similar structures.
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 the City 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 permit issued by the City 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.
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.
The Director of Public Works or his/her designee.
Any freestanding, man-made structure designed for the support
of one (1) or more wireless facilities, the presence of which is camouflaged
or concealed as an appropriately-placed architectural or natural feature.
Such structures, may include, but are not limited to, clock towers,
campaniles, observation towers, billboards, signs, light standards,
flagpoles and artificial trees.
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.
A structure that exists at the time a request to place wireless
facilities on a structure is filed with the City. 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.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the lowest grade at the
base of the structure to its highest point and including the main
structure and all attachments thereto.
Includes constructing a new wireless support structure of
equal proportions and of equal height or 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.
All signs which advertise products, services or businesses
which are not located on the same premises as the sign, including
billboards, detached pole signs on separate parcels, wall signs and
signs otherwise attached to buildings and/or supported by uprights
or braces on the ground.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed.
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); or
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 person, corporation, County, 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, waste water, 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 telephony,
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 USC 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.
Permitted
Uses. Satellite earth stations less than six (6) feet in diameter
and receive-only home television antennae are allowed as accessory
uses in all districts without any permit, and wireless facilities
and support structures which meet any of the following criteria may
be constructed, repaired or modified upon receipt of a building permit
issued by the Director of Public Works:
1.
Collocation and replacement applications, provided that no permit may be issued for collocation to a certified historic structure as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the Director within thirty (30) days prior to issuance. The Director shall provide public notice of such public hearing in the same manner as required for proposed zoning code changes. Such applications are subject to the general condition in Subsection (E)(1) of this Section, but no other zoning or land use requirements, including design or placement requirements, or public hearing review.
2.
The mounting of wireless facilities in or on the roof of any existing
building other than a single-family residence, provided that the building
was not constructed primarily for the support of antennae and provided
that the height of the facilities does not exceed twenty (20) feet
from its mounting and that such use is not otherwise prohibited by
ordinance.
3.
Wireless facilities or support structures for the operations of a
commercial or public radio or television station licensed by the Federal
Communications Commission or a local, State or Federal law enforcement
or emergency agency may be installed as permitted by law in non-residential
districts.
4.
The installation or mounting of antennae on any electrical transmission
towers located in any commercial zoning district of the City.
5.
The installation of a disguised support structure and related wireless
facilities as part of a building or structure that is otherwise allowed
in the district in which located.
6.
Wireless facilities or support structures for the operation of a
licensed amateur radio facility within the City, subject to the following
height limits. The permit application must be accompanied by proof
that the applicant or an occupant of the property is a licensed amateur
radio operator.
Height Limits.
a.
The Director shall issue an amateur radio antenna/structure permit
if it is determined that:
(1)
Any antenna(s) mounted on a roof shall not extend more than
eighty (80) feet above grade; and
(2)
Any tower-mounted antenna(s) shall not extend more than eighty
(80) feet above grade when fully extended; and
(3)
The requirements of this Section regarding location, structural
components and wiring are complied with.
b.
Permits for ground mounted antennas and supports intended exclusively
for the support of wire antennas which are so erected as to be readily
capable of being relocated from time to time shall describe the area
within which such an antenna or support may be positioned.
c.
Any person desiring to install, erect or maintain an amateur radio
antenna at any height greater than set forth in the preceding Subsection
shall file an application therefor with the Board of Adjustment. No
fee shall be required for this application. The Board of Adjustment
may grant a permit to allow construction to such height as it shall
determine if it finds that topographical circumstances or other operational
parameters of the antenna(s) and the associated radio equipment so
required and that there are adequate provisions to protect adjoining
properties.
d.
Wireless facilities or support structures for licensed amateur radio
uses that are ground-mounted shall be located in the rear of the lot
between the rear line of the principal building on the lot and six
(6) feet from the rear lot line. No such antenna, nor any portion
of any base or support therefore, may be closer than six (6) feet
to any lot line; provided, further, that on corner lots no antenna
may be closer to any street than the principal building.
D.
Prohibited Uses. Except as otherwise provided in Subsection (C):
1.
No wireless facilities or support structures shall be permitted in
residentially zoned districts, other than for licensed amateur radio
uses.
2.
No wireless facilities or support structures shall be permitted to have a height in excess of the limits stated in Subsection (I) below.
3.
Unless a disguised support structure is in the form of a standard
outdoor advertising structure, the placement of advertising signs
on wireless support structures is prohibited.
E.
General
Conditions. The general criteria and preferences for approving wireless
facilities and support structures under this Section shall be as follows:
1.
Building Codes And Safety Standards. All wireless facilities and
support structures shall meet or exceed the standards and regulations
contained in applicable State and local building codes, National Electric
Safety Codes, and recognized industry standards for structural safety,
capacity, reliability and engineering.
2.
Regulatory Compliance. All wireless facilities and support structures
shall meet or exceed current standards and regulations of the FAA,
FCC and any other State or Federal agency with the authority to regulate
such facilities and support structures. Should such standards or regulations
be amended, then the owner shall bring such facilities and support
structures into compliance with the revised standards or regulations
within six (6) months of the effective date of the revision unless
a different date is established by the controlling agency.
3.
Lighting. Wireless facilities and support structures shall not be
illuminated at night except as required by the FAA or a State or Federal
agency with authority to regulate such matters, in which case a description
of the required lighting scheme shall be made part of the application.
4.
Design.
a.
Wireless facilities and support structures should, to the extent
reasonably possible, be architecturally and visually compatible with
surrounding buildings, structures, vegetation and/or uses already
in the area or likely to exist under the regulations of the underlying
zoning district.
b.
Wireless support structures, except disguised support structures,
shall maintain a galvanized steel finish or, subject to the requirements
of the FAA, FCC or any applicable State or Federal agency, be natural
or painted a neutral color consistent with the natural or built environment
of the site.
c.
Wireless facilities, other than antennae, shall have an exterior
finish compatible with the natural or built environment of the site
and shall also comply with such other reasonable design guidelines
as may be required by the City.
d.
All wiring to or from ground mounted antennas or antenna towers located
more than five (5) feet from the nearest building wall shall be underground,
provided, however, that feed lines to and from antennas for licensed
amateur radio facilities which must be open to the air in order to
operate as designed (so called "open wire feed lines") need not be
enclosed or located underground.
e.
Wireless facilities mounted on buildings should be made to appear
as unobtrusive as possible by location as far away as feasible from
the edge of the building and by making them a color consistent with
the natural or building backdrop.
f.
Wireless facilities shall be screened by appropriate landscaping
and/or fencing. Wireless support structures shall be surrounded by
a landscape strip of not less than twelve (12) feet in width and planted
with materials which will provide a visual barrier of a minimum height
of seven (7) feet. Evergreen trees should be at least seven (7) feet
tall and deciduous trees at least three and one-half (3 1/2) inches
in caliper at the time of planting. Said landscape strip shall be
exterior to any security fencing. In lieu of the required landscape
strip, a minimum six (6) foot high decorative masonry fence or wall
may be approved by the City upon demonstration by the applicant that
an equivalent degree of visual screening is achieved.
5.
Location And Setback.
a.
All wireless support structures, except disguised support structures,
shall be separated from any residential structure at least a distance
equal to the height of the support structure plus ten (10) feet. Support
structures on parcels adjacent to residentially-zoned property shall,
at a minimum, meet the setbacks of the applicable zoning district
as required for the principal structure along the adjoining property
lines. No support structure may be placed on residentially-zoned property
closer to any residential structures on adjoining properties than
the distance from the support structure to the principal structure
located on the lot on which the support structure is located.
6.
Miscellaneous.
a.
For any guyed wireless support structure, ground anchors shall be
located on the same parcel as the structure, and such anchors shall
meet the setbacks required for accessory buildings within the zoning
district.
b.
Vehicle or outdoor storage at any antennae support structure site
is prohibited.
c.
On-site parking for periodic maintenance and service shall be provided
at all locations of wireless facilities and support structures. Access
to and parking shall be provided on a durably paved surface.
d.
Any wireless facility or support structure no longer used for its
original communications purpose shall be removed at the owner's expense.
The owner and applicable co-users shall provide the City with a copy
of any notice to the FCC of intent to cease operations and shall have
ninety (90) days from the date of ceasing operations to remove the
facility and/or support structure. In the case of co-use, this provision
shall not become effective until all users cease operations. Any wireless
support structure not in use for a period of one (1) year shall be
deemed a public nuisance and may be removed by the City at the owner's
expense. Removal of facilities shall not be a condition of approval
of any application.
e.
Prior to the issuance of a building or conditional use permit, other
than for a collocation or replacement application, the City may require
submittal of easement documents, lease agreements or other documentation
of evidence of the right to utilize the property for location of wireless
facilities and/or support structures.
F.
Special Land Use Permit Required. All wireless facilities and support structures to be installed, built or otherwise modified that are not expressly permitted by Subsection (C) and not prohibited by Subsection (D) shall require the applicant to obtain a special land use permit in accordance with the procedures and requirements for such permits in this Zoning Code.
G.
Time
Limits. All applications regarding wireless facilities and support
structures shall be processed in accordance with the time limits established
by Sections 67.5090 to 67.5103, RSMo., and Federal law.
H.
Fees.
Fees for wireless facilities shall be in accordance with the building
permit fee schedule as amended from time to time. Fees for applications
regarding wireless facilities and support structures shall not exceed
the limits established by Sections 67.5090 to 67.5103, RSMo.
I.
Antennae
And Support Structure Height Matrix.
|
Within zones C-3, I-1, I-2, NU
|
Up to one hundred fifty (150) feet
|
|
Within zones C-1, C-2
|
Up to one hundred (100) feet
|
|
Utility transmission towers
|
Up to twelve (12) feet over structure
|
[1]
Editor's Note: Ord. No. 4749-20 also changed the title of
this Section from "Communication Antennae and Support Structures"
to "Wireless Communications Facilities and Support Structures."
[Ord. No. 4945-23, 2-15-2023]
A.
The
purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, cultivating, manufacturing,
storing, and testing of marijuana and marijuana-infused products,
to the extent permitted by the Missouri Constitution, applicable Statutes
enacted by the General Assembly, and regulations promulgated by the
Missouri Department of Health and Senior Services, and to protect
the health, safety, and welfare of the residents, businesses, and
property owners in the City.
B.
No
marijuana-related use, activity or facility shall emit an odor or
in any way cause a public nuisance. Appropriate ventilation systems
to prevent any odor of marijuana or fumes from leaving the premises
or other changes to the facilities can be required if a public nuisance
violation occurs.
C.
Each
marijuana cultivation facility, marijuana-infused products manufacturing
facility or marijuana dispensary facility shall be located on properties
that meet the following distance requirements:
1.
No marijuana-related uses shall be operated or maintained within
five hundred (500) feet of any then-existing child day care center
or church or one thousand (1,000) feet of any then-existing elementary
or secondary school.
2.
No marijuana facility shall be operated or maintained within five
hundred (500) feet of another marijuana facility.
3.
The distances described in this Subsection shall be computed along
the shortest path between the demarcation points that can be lawfully
traveled by foot as follows: in the case of a freestanding marijuana
facility, the distance between the facility and the school, day care,
church, or other marijuana facility shall be measured from the external
wall of the marijuana facility structure closest in proximity to the
school, day care, church, or other marijuana facility to the closest
point of the property line of the school, day care, church, or other
marijuana facility. If the school, day care, church, or other marijuana
facility is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, church, or other marijuana facility closest
in proximity to the marijuana facility at issue. 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, church, or other marijuana facility shall be measured from the
property line of the school, day care, church, or other marijuana
facility to the facility's entrance or exit closest in proximity to
the school, day care, church, or other marijuana facility. If the
school, day care, church, or other marijuana facility is part of a
larger structure, such as an office building or strip mall, the distance
shall be measured to the entrance or exit of the school, day care,
church, or other marijuana facility closest in proximity to the facility
at issue.
4.
For purposes of this Subsection, “church” shall mean
a permanent building primarily and regularly used as a place of religious
worship, and “day care” shall mean a child-care facility,
as defined by Section 210.201, RSMo., or successor provisions, that
is licensed by the State of Missouri.
D.
No
marijuana or marijuana-infused product shall be displayed so as to
be visible through glass, windows, or doors by a person of normal
visual acuity standing at the outside perimeter of a facility.
E.
“Drug paraphernalia,” as defined in Section 195.010(18) [excluding Subsection (f)], RSMo., as may be amended, may be lawfully sold at a marijuana dispensary facility. Such items may not be publicly displayed.
F.
The
sale or consumption of alcohol within a marijuana facility is prohibited.
G.
No
person under the age of eighteen (18) shall be allowed in any portion
of a marijuana cultivation facility, marijuana testing facility or
marijuana-infused products manufacturing facility. The entrance to
a facility shall be clearly and legibly posted with notice indicating
that persons under the age of eighteen (18) are precluded from entering
the premises.
H.
The
consumption, inhalation or other personal use of marijuana or marijuana-infused
products on or within the premises of a marijuana cultivation facility,
marijuana testing facility, marijuana-infused products manufacturing
facility or marijuana dispensary facility is prohibited, except that
a marijuana testing facility may consume marijuana during the testing
process and only as the consumption relates to the testing process.
I.
No
marijuana cultivation facility, marijuana dispensary facility, marijuana-infused
products manufacturing facility, or marijuana testing facility shall
be operated within the City without a valid license issued by the
Missouri Department of Health and Senior Services.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
The
regulations in this Chapter shall be subject to the following exceptions:
1.
The ordinary projection of sills, cornices, eaves and ornamental
features of a building into the area between the boundary of the highway
and the building line may be permitted for a distance not to exceed
five (5) feet.
2.
Open, unenclosed porches, awnings and canopies containing no signs
or advertising and paved terraces may project beyond the building
lines established by this Chapter for a distance not to exceed ten
(10) feet, but in no case shall any structure project beyond the lot
line.
3.
Poles, wires, pipes, water hydrants and other similar utilities and
necessary appurtenances may be erected, repaired and maintained within
the area between the building lines and the centerline of the highway,
provided a lawful easement is in effect.
4.
When three hundred (300) or more lineal feet of continuous frontage
along a highway, to which this Article applies, is developed and not
less than fifty percent (50%) of this frontage contains commercial
structures, the distance of the building lines provided in this Chapter
shall be reduced to meet the general average of the existing buildings
within the three hundred (300) feet of frontage chosen for measurement
5.
When vacant ground lies between existing buildings not conforming
to this Chapter and not more than three hundred (300) feet apart,
a building may be erected on such vacant ground on a line drawn between
the closed front corners of the existing buildings; provided, that
the building shall not be erected on land which is within the proposed
future right-of-way designated by this Article for a major highway.
6.
Pumps and other necessary mechanical devices, connected with any
lawful structures, may be authorized by special permit from the Council.
7.
Roadside stands and other legal, authorized temporary structures
may be erected, by special permit from the Council, to be removed
within a period of one (1) year or such other time as the permit may
stipulate.
8.
Trailers, buses and other vehicles may be located within the building
lines by permission of the Council, to be removed on thirty (30) days'
notice in the event of widening of the highway.
9.
Where the owner of the premises and holder of encumbrances thereon
agree in writing, properly acknowledged for recording, that they will
waive all damages that may result from the taking, destruction or
removal of the building for street purposes, the Council may, to avoid
hardship or to more closely conform to existing buildings nearby and
for other special reasons, permit some encroachment within the building
lines by special permit, if the location of the building will not
interfere with proper and adequate light, air and visibility of nearby
buildings and streets.
[Ord. No. 3912-07 §4, 12-19-2007]
A.
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
Definitions. The following terms shall have the following
meanings unless otherwise defined by context:
The City's Public Works Director or such other person designated
to administer and enforce this Section.
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.
A permit granted by the City for placement of facilities
on private property.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
Providing or delivering an economic good or an article of
commerce, including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or storm water sewerage or any similar or related service,
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B.
Facilities Permit.
1.
Any person desiring to place facilities on private property must
first apply for and obtain a facilities permit, in addition to any
other building permit, license, easement, franchise or authorization
required by law. The Director may design and make available standard
forms for such applications, requiring such information as allowed
by law and as the Director determines in his or her discretion to
be necessary and consistent with the provisions of this Section and
to accomplish the purposes of this Section. Each application shall
at minimum contain the following information, unless otherwise waived
by the Director:
a.
The name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day, seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such
plans or technical drawings or depictions showing the nature, dimensions
and description of the facilities, their location and their proximity
to other facilities that may be affected by their installation.
2.
Each such application shall be accompanied by an application fee
approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
The Director shall promptly review each application and shall grant
or deny the application within thirty-one (31) days. Unless the application
is denied pursuant to subparagraph (d) hereof, the Director shall
issue a facilities permit upon determining that the applicant:
(1)
Has submitted all necessary information,
(2)
Has paid the appropriate fees, and
(3)
Is in full compliance with this Section and all other City ordinances.
The Director may establish procedures for bulk processing of applications
and periodic payment of fees to avoid excessive processing and accounting
costs.
b.
It is the intention of the City that proposed facilities will not
impair public safety, harm property values or significant sightlines
or degrade the aesthetics of the adjoining properties or neighborhood
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes
the Director may impose conditions on facilities permits, including
alternative landscaping, designs or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality and are competitively neutral and non-discriminatory.
c.
An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
d.
The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Section
or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity
as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6)
For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.
4.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Section.
Prior to revocation the Director shall provide written notice to the
responsible person identifying any substantial breach and allowing
a reasonable period of time not longer than thirty (30) days to cure
the problem, which cure period may be immediate if certain activities
must be stopped to protect the public safety. The cure period shall
be extended by the Director on good cause shown. A substantial breach
includes, but is not limited to, the following:
(1)
A material violation of the facilities permit or this Section;
(2)
An evasion or attempt to evade any material provision of the
permit or this Section or the perpetration or attempt to perpetrate
any fraud or deceit upon the City or its residents;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5)
A failure to correct, upon reasonable notice and opportunity
to cure as specified by the Director, work that does not conform to
applicable national safety ordinances, industry construction standards
or the City's pertinent and applicable ordinances, including, but
not limited to, this Section, provided that City standards are no
more stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall
also be deemed a violation of this Section and in lieu of revocation
the Director may initiate prosecution of the applicant or the facilities
owner for such violation.
5.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may
appeal in writing to the City Manager within five (5) business days
thereof. The appeal shall assert specific grounds for review and the
City Manager shall render a decision on the appeal within fifteen
(15) business days of its receipt affirming, reversing or modifying
the determination of the Director. The City Manager may extend this
time period for the purpose of any investigation or hearing deemed
necessary. A decision affirming the Director's determination shall
be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the City Manager may file a petition for review pursuant to Chapter
536, RSMo., as amended, in the Circuit Court of the County of St.
Louis. Such petition shall be filed within thirty (30) days after
the City Manager's final determination.
b.
On agreement of the parties and in addition to any other remedies,
any final decision of the City Manager may be submitted to mediation
or binding arbitration.
(1)
In the event of mediation, the City Manager and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties and each party shall pay its own costs,
disbursements and attorney fees.
(2)
In the event of arbitration, the City Manager and the applicant
shall agree to a single arbitrator. The costs and fees of the arbitrator
shall be borne equally by the parties. If the parties cannot agree
on an arbitrator, the matter shall be resolved by a three (3) person
arbitration panel consisting of one (1) arbitrator selected by the
City Manager, one (1) arbitrator selected by the applicant or facilities
owner and one (1) person selected by the other two (2) arbitrators,
in which case each party shall bear the expense of its own arbitrator
and shall jointly and equally bear with the other party the expense
of the third (3rd) arbitrator and of the arbitration. Each party shall
also pay its own costs, disbursements and attorney fees.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance
of facilities:
a.
Facilities shall be placed underground, except when other similar
facilities exist aboveground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible,
as determined by the City, and when in the City's judgment the aboveground
construction has minimal aesthetic impact on the area where the construction
is proposed. Facilities shall not be located so as to interfere or
be likely to interfere with any public facilities or use of public
property.
b.
Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are:
c.
Facilities shall be a neutral color and shall not be bright, reflective
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. Sightproof screening, landscape
or otherwise, may be required for facilities taller than three (3)
feet in height or covering in excess of four (4) square feet in size.
Such screening shall be sufficient to reasonably conceal the facility.
A landscape plan identifying the size and species of landscaping materials
shall be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repair or replacement of
screening materials. Alternative concealment may be approved by the
Director to the extent it meets or exceeds the purposes of these requirements.
d.
Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f.
If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2.
Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice to all property owners
within one hundred eighty-five (185) feet of the site at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities. Notice shall include a reasonably detailed description
of work to be done, the location of work and the time and duration
of the work.
4.
At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
5.
If a person installs facilities without having complied with the
requirements of this Section or abandons the facilities, said person
shall remove the facilities and if the person fails to remove the
facilities within a reasonable period of time, the City may, to the
extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code, including, but
not limited to, building codes, zoning requirements and rights-of-way
management regulations in addition to the regulations provided herein.
