20.11.

Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not to exceed 75 feet, if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.

20.12.

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio or television towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the City.

20.21.

Front Yards.

20.21.1.

Accessory structures such as advertising signs, light standards, portable telephone booths, gasoline pumps entrance way signs, etc., may be constructed in front of the setback line and in the required front yard established elsewhere in these regulations, provided the person, persons, company or corporation responsible for its erection shall sign a "waiver of damages" to ensure its removal if necessary. This shall not be construed to allow any accessory building or occupiable structure to be allowed in front of the setback line or in the front yard. Such "waiver of damages: shall hold the constructor and/or its successor of such structure responsible for its removal or demolition and said persons shall not be reimbursed for the cost of such structure or expense of removal of such structure in the event such ground is to be acquired for widening of the street or road or by any governmental agency or action. Any of the aforementioned accessory structures constructed pursuant to this section shall be at least five (5) feet from the edge of the pavement of any roadway and shall be located outside of and not extend over the right-of-way of any city, state or county road or any utility easement.

20.21.2.

An open, unenclosed, uncovered porch, such porch not to be above the first floor level or paved terrace, may project into a front yard for a distance not exceeding ten feet.

20.21.3.

When on the effective date of this ordinance 40 percent or more of a frontage was occupied by two or more buildings, then the depth of the front yard heretofore established shall be adjusted in the following manner:

a.

When the building furthest from the street provides a front yard no more than 10 feet deeper than the building closest to the street, then the depth of the front yard for the frontage is the average setback of the existing buildings.

b.

When the situation from that in paragraph (a) is within 100 feet of an existing building on each side, then the depth of the front yard is determined by a line drawn from the closest front corners of these two adjacent buildings.

c.

When the situation differs from that in paragraph (a) or (b) and the lot is within 100 feet of an existing building on one side only, then the depth of the front yard is the same as that of the existing adjacent building.

20.21.4.

Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than 40 feet. No accessory building shall project beyond the front yard line of either street.

20.21.5.

Where lots have a double frontage, the required front yard shall be provided on both sides.

(Ord. No. 2002-3153, 8-27-02)

20.22.

Side Yards. For the purpose of the side yard regulations, a two-family or multiple dwelling shall be considered as one building occupying one lot.

20.23.

Rear Yards. Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, projecting into a rear yard not more than five feet, and the ordinary projection of chimneys and flues may be permitted by the Director of Public Works.

In addition to the accessory uses allowed in each individual zoning district, other permissible accessory uses and the criteria for such uses follows:

1.

Accessory Antennae, as defined in Section 2.0, shall be allowed in any residential district provided that such antennae do not exceed 50 feet in height as measured from the ground.

2.

Satellite Dish Antennae, as defined in Section 2.0, shall be allowed as an accessory use in any residential district provided that such antennae only receive a signal and such antennae are one meter or less in diameter.

3.

Satellite Dish Antennae, as defined in Section 2.0, shall be allowed as an accessory use in any non-residential district provided that such antenna only receive a signal and such antenna is two meters or less in diameter. Any satellite dish antenna that is larger than two meters in diameter and/or transmits a signal shall be considered a communication antenna, as defined in Section 2.0, and regulated as a special use.

20.3.1.

The following regulations apply to all accessory antennas and satellite dish antennas which are one meter or less in diameter or diagonal measurement (accessory antennas and satellite dish antennas which exceed one meter in diameter or diagonal measurement are prohibited in all residential zoning districts):

1.

Accessory antennas and satellite dish antennas shall blend in with the surrounding area to camouflage the proposed antenna.

2.

Accessory antennas and satellite dish antennas shall be located behind the front building line in a manner that minimizes visibility from public view.

3.

Ground-mounted accessory antennas and satellite dish antennas shall be subject to a setback requirement of five (5) feet from any lot line and a setback requirement of fifteen (15) feet from any right-of-way line.

4.

No advertising shall be permitted on any part of an accessory antenna and satellite dish antenna, except for manufacturer's or distributor's name.

5.

All wiring to and from a ground-mounted accessory antennas or satellite dish antennas shall be buried a minimum of six (6) inches underground and shall otherwise comply with applicable Electrical Codes.

6.

No accessory antenna or satellite dish antenna shall be erected so as to damage the roof covering or other structural element of a building. When removed, all openings shall be repaired to maintain integrity and weather and water tightness.

7.

Accessory antennas and satellite dish antennas shall be maintained in accordance with Chapter 7, Section 7-120, of the Municipal Code.

20.3.2.

Interpretation of Regulations. Except as may be necessary to ensure public health and safety, the accessory antenna and satellite dish antenna regulations shall not be construed so as to:

1.

Unreasonably delay or prevent installation, maintenance, or use;

2.

Unreasonably increase the cost of installation, maintenance or use; or

3.

Preclude reception of an acceptable quality signal.

20.41.

Any owner of property wanting to construct a fence in any front, rear or side yard as provided above shall first file an application with the Director of Public Works. Fences are not a structure and are exempted from the regulation limiting accessory buildings to 30 percent of the rear yard. Fences may be placed along side and rear lot lines.

20.42.

Fences located within a front yard shall be ornamental fences and shall be constructed as follows:

Such ornamental fence shall not exceed thirty (30) inches in height, including height of any columns of imbedded vertical support, and at least 50 percent of its surface shall be open as viewed on any line perpendicular to the vertical plan of the fence, for the entire thickness of the fence.

No wire or steel mesh or wire fencing may be used in any manner as part of the ornamental fence, but steel or wire mesh fencing may be used as a temporary protection around shrubs, in the required front yard, but in no case shall such steel or wire mesh fencing exceed 18 inches in height.

However, open type mesh fences may be used to enclose an institution, a public park, public playground, elementary high school, or junior college site, or conforming commercial and industrial use.

20.43.

Fences located within any side or rear yard or behind the front yard shall not exceed a height of six feet as measured from the topmost point thereof, to the ground or surface along the center line of the fence, except as follows:

(a)

Fences enclosing an institution, a public park, public playground, elementary, high school, or junior college site, commercial, or industrial occupancy may be eight feet high.

(b)

Fences enclosing outdoor swimming pools shall be a minimum of five feet in height.

(c)

Fences surrounding tennis courts shall be open wire mesh fences and shall not exceed 12 feet in height.

(d)

No electric or barbed wire fences are permitted in residential districts, except for agricultural uses.

20.51.

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 Ordinance and to accomplish the purposes of this Ordinance. 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., 24 hours per day 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.

20.52.

Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application.

20.53.

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 (i) has submitted all necessary information, (ii) has paid the appropriate fees and (iii) is in full compliance with this Ordinance 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 sight-lines, 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 nondiscriminatory.

(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:

(i)

Delinquent fees, costs or expenses owed by the applicant;

(ii)

Failure to provide required information;

(iii)

The applicant being in violation of the provisions of this Ordinance or other City ordinances;

(iv)

For reasons of environmental, historic or cultural sensitivity, as defined by applicable federal, state or local law;

(v)

For the applicant's refusal to comply with reasonable conditions required by the Director; and

(vi)

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 nondiscriminatory basis.

20.54.

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 Ordinance. 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:

(i)

A material violation of the Facilities Permit or this Ordinance;

(ii)

An evasion or attempt to evade any material provision of the Permit or this Ordinance, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;

(iii)

A material misrepresentation of fact in the permit application;

(iv)

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

(v)

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 Ordinance, 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 Ordinance, and in lieu of revocation the Director may initiate prosecution of the applicant or the Facilities Owner for such violation.

20.55.

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 business (5) 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 RSMo ch. 536, 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.

(i)

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.

(ii)

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-person arbitration panel consisting of one arbitrator selected by the City Manager, on arbitrator selected by the applicant or Facilities Owner, and one person selected by the other two arbitrators, in which case each party shall bear the expense of its own arbitrator and jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees.

(Ord. No. 2007-3331, 11-13-07)

20.61.

The following general regulations apply to the placement and appearance of Facilities:

(a)

Facilities shall be placed underground, except when other similar Facilities exist above-ground 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 above-ground 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 (a) thoroughfare landscape easements, (b) rear yards, and (c) street side yards on a corner lot behind the front yard setback. Placements within side yards not bordered by a street or within front yards are discouraged.

(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. Sight-proof 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 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.

20.62.

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.

20.63.

The applicant shall provide written notice to all property owners within one hundred and eighty-five (185) feet of the site at least 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.

20.64.

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.

20.65.

If a Person installs Facilities without having complied with the requirements of this Ordinance 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.

20.66.

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 here in.

(Ord. No. 2007-3331, 11-13-07)