There are uses and structures that are clearly incidental to the primary use of a structure or lot. Accessory uses and structures shall be constructed, maintained, and conducted to be obviously secondary in nature and not to disturb or cause injury in any way to surrounding properties and neighborhoods. The determination of structures and uses considered to be accessory shall be made by the director.

(Ord. No. 8804, § I, 4-11-05)

A use shall be considered accessory only if it is secondary in size, scale, and/or purpose to a primary land use. Uses shall be allowed as accessory uses only to existing primary uses and structures, and at any time the primary use or structure is abandoned, all accessory uses shall cease operation.

(Ord. No. 8804, § I, 4-11-05)

For all residential districts, the following uses may be allowed as accessory to the principal residential use:

(1)

Home occupation and home office shall be licensed in accordance with Chapter 18 of the City Code and be in accordance with the following provisions:

a.

It shall be clearly secondary to the residential use of the structure;

b.

One person, in addition to those who are permanent residents of the dwelling, may be employed on site;

c.

Business shall be conducted only within an enclosed living area of the dwelling and shall not be permitted out-of-doors or in any accessory structure;

d.

There shall be no storage of equipment, merchandise, supplies, or packaging waste associated with the home occupation outside of the dwelling or garage;

e.

There shall be no change in the residential appearance of the dwelling or premises or any visible evidence of the conduction of a home occupation, with the exception of a single, non-illuminated wall sign not exceeding one square foot in area. Vehicle signage is limited to one vehicle at any given time;

f.

The use of commercial vehicles in conjunction with a home occupation is strictly limited to one (1) vehicle not to exceed twelve thousand (12,000) pounds in gross vehicle weight and twenty-two (22) feet in length, owned by a resident of the dwelling, which must be parked in a garage or residential driveway on site;

g.

No mechanical equipment shall be utilized, except that which is customarily used for household or leisure purposes (examples of prohibited equipment include commercial kitchens, examination or treatment rooms, kilns in excess of six (6) cubic feet, paint booths, high voltage wiring, oversized plumbing, etc.);

h.

The conduct of any home occupation or office shall not reduce the number of parking spaces below what is required by ordinance;

i.

Customers, students, or clients shall be limited to ten (10) per day, and not more than four (4) at the same time;

j.

In no case shall a home occupation be open to customers, clients or students at a time earlier than 8:00 a.m. or later than 8:00 p.m.;

k.

The use or storage of highly flammable, combustible or explosive material is prohibited;

l.

No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable outside the structure; and

m.

Accumulation of inventories for public sale on premises and/or sale of any merchandise or products on display within or outside the residence are prohibited, provided that orders placed by private clients or at a sales party may be filled on premises.

(2)

Babysitting for four (4) or fewer children unrelated to the babysitter.

(3)

Day care home for the care of more than four (4) but less than ten (10) children unrelated to the operator, in accordance with the following provisions:

a.

Complies with all rules, regulations and licensing requirements adopted by the State of Missouri through its Division of Family Services;

b.

Is an accessory use of a residence occupied by the operator;

c.

Be so developed, maintained, and operated that the building and yards have the appearance and character of a single-family dwelling, and do not detract from abutting single-family dwelling properties;

d.

All play equipment and required outdoor play area is in the rear yard;

e.

Outdoor play only between 8:00 a.m. and 6:00 p.m.; and

f.

One non-illuminated wall sign not to exceed one square foot in area may be allowed to advertise the day care home.

(4)

Home parties for the purpose of selling merchandise or taking orders are permitted by private invitation only, shall not exceed twenty-five (25) guests, and shall not be held more than four (4) times per year.

(5)

Short-term sales of used household and garden items commonly referred to as "garage sales," "basement sales," "yard sales," or "rummage sales," may be held, in accordance with the following provisions:

a.

Sales are conducted on the owner's property;

b.

Two (2) sales per year are allowed, each lasting no more than three (3) days' duration; and

c.

Items for sale shall be limited to second-hand household and garden items.

(6)

A hobby by the occupant for personal enjoyment and recreation, provided that articles produced or constructed are not sold. These hobbies may include uses such as gardens, customary pets, television and radio antenna not exceeding sixty (60) feet in height, signs as permitted by ordinance, parking areas, tool sheds as provided for under this article, play equipment, and other similar uses.

(7)

The keeping of livestock in accordance with the following provisions:

a.

For lots which are at least thirty thousand (30,000) square foot [feet] in area, the keeping of livestock is allowed in accordance with the following provisions:

1.

There shall be a minimum of thirty thousand (30,000) square feet of lot area for one horse or cow, or four (4) goats or sheep, or ten (10) fowl or rabbits kept;

2.

There shall be an additional minimum of twenty thousand (20,000) square feet of lot area for every additional one horse or cow, four (4) goats or sheep, or ten (10) fowl or rabbits kept;

3.

A structure for the shelter or feeding of livestock shall not be located in the front yard and shall be located at least one hundred (100) feet from any lot line and at least three hundred (300) feet from a dwelling other than the dwelling owned and resided in by the owner of the lot on which the structure or shelter is located; and

4.

All animals shall be kept at least ten (10) feet from any lot line.

b.

For single-family residential lots smaller than thirty thousand (30,000) square foot [feet] in area, or larger lots which cannot satisfy the setbacks outlined in [section] 30-80.1, up to six (6) female chickens (hens) may be kept in accordance with the following provisions:

1.

Prior to keeping or housing hens, a person shall first submit an application for a hen permit to the City of Liberty Planning Division. Said permits may be issued for a one-year period and may be renewed for two (2) years. Permits are non-transferable. Each applicant must submit information or evidence of the following for permits and renewal permits:

i.

All hens must have access to a covered enclosure (or coop) that allows for the housing of the hens. In addition, all coops must have direct access to an enclosed run area. All coops and runs shall be located in the rear yard and be designed in a manner to minimize their visual impact. All coops and runs shall be at least ten (10) feet from any property line and at least thirty (30) feet from any residential structure not owned by the permittee.

2.

The keeping of roosters, guinea hens, and any crowing hen or any fowl, is prohibited.

3.

At all times, hens shall either be kept in a coop or a run as defined above.

4.

All feed and other items associated with the keeping of hens shall be kept clean and sanitary at all times and be protected so as to prevent the infestation of rats, mice, or other rodents.

5.

The hens are not raised for the purpose of slaughtering.

6.

Notwithstanding the issuance of a permit by the city, private restrictions on the use of property shall remain enforceable and may prohibit the keeping of hens as provided herein. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of hens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.

7.

If the requirements of this section are not fully complied with, the city may revoke any permit granted under this section and/or initiate prosecution for a civil infraction violation.

(8)

The planting, cultivating and harvesting of crops shall occur at least two hundred fifty (250) feet from any residential building, other than that owned and resided in by owner of the lot on which the planting, cultivating and harvesting shall take place;

(9)

Temporary real estate sales office, including model units, may be located on a property for sale limited to the period of sale;

(10)

In districts RNC and RN only, a bed and breakfast establishment may be operated, in accordance with the following provisions:

a.

The owner or provider of a bed and breakfast establishment is the principal resident of the dwelling and there are no employees except immediate members of the family household;

b.

A minimum of two (2) off-street parking spaces plus one per guestroom are provided;

c.

A maximum of four (4) guestrooms are provided;

d.

There shall be no change in the residential appearance of the structure;

e.

Signage shall be limited to the following:

(i)

One non-illuminated attached sign not exceeding four (4) square feet in area; and

(ii)

One freestanding sign in accordance with the following provisions:

1.

The sign shall respect the character of the area;

2.

The sign shall be located within twenty (20) feet of the main entrance to the business;

3.

The signboard shall not exceed six (6) square feet in area;

4.

The height of the top of the signboard, post, or any other supporting elements shall not exceed six (6) feet; and

5.

The sign may be lit by directed exterior illumination only; and

f.

No food preparation, except beverages, is allowed within the individual guestrooms.

(11)

Qualifying patient medical marijuana cultivation, primary caregiver medical marijuana cultivation, and consumer personal cultivation. On any lot in the City of Liberty, a person possessing a current, valid medical marijuana cultivation identification card issued by the State of Missouri may have as an accessory use of marijuana cultivation as permitted by Article XIV of the Missouri Constitution so long as all the following provisions are met:

a.

The primary use of residential property where marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping, and toilet facilities with proper ingress and egress.

b.

The cultivation must take place only in a facility that is enclosed, locked, and equipped with security devices (the "cultivation area"), and in conformance with all Missouri laws and regulations. Consumer personal Cultivation, Qualifying Patient, and Primary Caregiver Cultivation shall not take place at a place of business.

c.

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

d.

The cultivation area must have an odor control system that is at least as stringent as that which is required by state regulations and which complies with City of Liberty Nuisance Codes, chapter 21.

e.

The cultivation area shall comply with adopted building, fire, and other municipal codes and shall be properly ventilated so as not to create excessive heat, humidity, mold, hazardous atmosphere, or other related conditions.

f.

The use of compressed gas products, including but not limited to carbon dioxide and butane, solvents, or ozone generators in the cultivation area is prohibited.

g.

No person shall extract resins from marijuana using dangerous materials or combustible gases without a marijuana-infused product manufacturing facility license by the Missouri Department of Health and Senior Services.

h.

A Qualifying Patient may not hold or obtain both a Qualifying Patient Cultivation Identification Card and a Consumer personal Cultivation card at the same time, regardless of if the caregiver holds a Cultivation Identification Card on behalf of the Qualified Patient.

i.

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

j.

All medical marijuana cultivation must cease immediately upon the expiration, suspension, or revocation of a state-issued marijuana cultivation identification card.

k.

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

l.

The following additional rules shall apply to Consumer personal Cultivation:

1.

All Consumer personal Cultivation must take place at a private residence.

2.

One Consumer may not cultivate more than six (6) Flowering Plants, six (6) nonflowering plants fourteen (14) inches tall or more, and six (6) nonflowering plants under fourteen (14) inches tall. No more than twelve (12) Flowering Plants, twelve (12) nonflowering plants 14 inches tall or more, and twelve (12) nonflowering plants under 14 inches tall may be cultivated by Consumers at a single private residence, regardless of the number of Consumers who live at that private residence.

3.

Plants and Marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in a Cultivation Area.

4.

All cultivated Flowering Plants in the possession of a Consumer shall be clearly labeled with the Consumer's name.

m.

The following additional rules shall apply to Qualifying Patient Cultivation:

1.

One (1) Qualifying Patient, the Primary Caregiver for that person on their behalf, or a Consumer for personal Cultivation, may cultivate up to six (6) Flowering Plants and six (6) non-flowering Marijuana plants fourteen (14) inches tall or more, and six (6) nonflowering plants under fourteen (14) inches tall at any given time in a Cultivation Area, subject to the limitations herein, Article XIV, and rules and regulations of the Department.

2.

Two (2) Qualifying Patients, who both hold valid Medical Marijuana Cultivation Identification Cards, may share one (1) Cultivation Area but no more than twelve (12) Flowering Plants and twelve (12) non-flowering Marijuana plants fourteen (14) inches tall or more, and twelve (12) non-flowering Marijuana plants under fourteen (14) inches tall or more may be cultivated in a Cultivation Area.

3.

Under no circumstances shall a Qualifying Patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) Flowering Plants.

4.

Only one individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.

5.

All cultivated Flowering Plants in the possession of a Qualifying Patient or Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.

n.

The following additional rules shall apply to Primary Caregiver Cultivation:

1.

A Primary Caregiver may cultivate on behalf of more than one Qualifying Patient and may utilize one or more Cultivation Area(s).

2.

No Primary Caregiver cultivating Marijuana for more than one Qualifying Patient may exceed a total of twenty-four (24) Flowering Plants, twenty-four (24) nonflowering plants fourteen (14) inches tall or more, and twenty-four (24) nonflowering plants under fourteen (14) inches tall.

3.

Only one individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.

4.

All cultivated Flowering Plants in the possession of a Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.

5.

A Primary Caregiver cultivator who is also authorized as a Qualifying Patient cultivator may grow the plants that belong to them as a Qualifying Patient cultivator, and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.

6.

A Primary Caregiver cultivator who is also authorized as a Consumer personal cultivator may not grow the plants that belong to them as an authorized Consumer personal cultivator and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9559, § XI, 3-22-10; Ord. No. 9638, § II, 10-25-10; Ord. No. 10273, § I, 10-13-14; Ord. No. 11121, § III, 7-8-19; Ord. No. 11960, § I, 8-26-24; Ord. No. 11978, § IX, 10-14-24)

(1)

In district CBD, off-street parking may be provided as an accessory use in accordance with the following provisions:

a.

Low level screening of not less than three (3) feet shall be provided for each elevation abutting a public street;

b.

Each entrance and exit to the parking area shall be constructed so that vehicles entering or leaving the parking area shall be clearly visible to a pedestrian on any sidewalk at a distance of not less than ten (10) feet from the access; and

c.

Appropriate signs, including stop signs posted at exits to streets, shall be provided.

(2)

The following uses shall be allowed as accessory to the principal commercial or industrial use in districts MU through M-2, inclusive, unless otherwise noted.

a.

Parking and loading areas as provided for in Article XIII of this UDO.

b.

Outdoor patio areas, accessory to a business, for the sale or service of food and beverages, including alcohol, in accordance with the following provisions:

(i)

Amplified music or noise shall be permitted in accordance with all other applicable city codes, including section 22-13.1, excessive audible noise;

(ii)

The patio area shall be included in calculating off-street parking requirements;

(iii)

The patio area shall be a physically defined space and shall not impede the flow of pedestrian traffic;

(iv)

Lighting shall be designed so that it does not negatively impact adjacent properties;

(v)

The patio area shall have an established occupancy limit per City Fire Code standards;

(vi)

If the patio area is located on a public sidewalk, the property owner assumes liability of the defined area and agrees to indemnify the City of Liberty from any liability, attorneys fees, costs and expenses incurred as a result of the patio operation and shall provide the city proof of public liability insurance on the premises annually; and

(vii)

The proposed use does not adversely impact the public health, safety, comfort or general welfare.

c.

Day care center, accessory to a primary business or institution, in accordance with the following provisions:

(i)

Operations shall comply with all rules, regulations, and licensing requirements adopted by the State of Missouri through its Division of Family Services, unless specifically exempted from such requirements;

(ii)

One parking space per employee including operator, plus one space per ten (10) users is provided;

(iii)

Adequate off-street parking and loading areas shall be convenient for customers;

(iv)

Access, loading, and parking plans shall be approved in conjunction with a final development plan;

(v)

One wall-mounted sign no greater than one square foot in area;

(vi)

Out-door play only between 8:00 a.m. and 6:00 p.m;

(vii)

If located adjacent to any residential property, the building and yards shall not detract from abutting residential properties;

(viii)

Play equipment and all out-door facilities shall only be placed within a rear yard that is totally enclosed by a fence with an automatically closing and latching gate;

(ix)

If play area is within fifty (50) feet of a one- or two-family residential structure, it shall be buffered with a four-foot wide strip of densely planted shrubs or trees at least four (4) feet high at the time of planting of a type that will form a year-round dense screen at least five (5) feet high or a uniformly planted fence at least six (6) feet high; and

(x)

Lights must be oriented away from residential structures.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9325, § I, 6-23-08; Ord. No. 10240, § I, 7-28-2014)

A structure shall be considered accessory if it is secondary in size, scale, and use to the primary structure on a lot. All accessory structures shall be located within a side or rear yard and shall not exceed the size of the primary structure. Seasonal accessory structures shall be safely secured from the general public until such time of use.

(Ord. No. 8804, § I, 4-11-05)

(1)

Satellite and dish antennas that are greater than one meter in diameter shall require a permit for installation and be subject to the following provisions:

a.

Any accessory antenna or structure greater than ten (10) feet in height shall have a minimum setback equal to one-third (⅓) its total height;

b.

A dish for private reception may be no larger than ten (10) feet in diameter and twelve (12) feet in height. It shall be placed at grade within the rear or side yard at least ten (10) feet from any property line with decorative landscaping to conceal the base;

c.

Roof-mounted facilities may be allowed when proven ground-mounted facilities will not be functional. A roof-mounted dish may be no larger than ten (10) feet in diameter and twelve (12) feet higher than the roof surface. It shall be screened from view and have a minimum setback of one hundred fifty (150) per cent of its height. A signed report from an engineer will be required verifying the structural integrity of the installation system; and

d.

A temporary antenna for demonstration purposes may be installed for seventy-two (72) hours or less and shall not be located within the public right-of-way or alley.

(2)

Fences, provided they are constructed of chain link, wood, wrought iron, masonry, decorative wire, or composite or synthetic materials appropriate to the general character of the neighborhood, in accordance with the following provisions:

a.

In residential districts, fences may be permitted in accordance with the following:

(i)

Front yard: Fence may not exceed four (4) feet in height and shall be uniformly open to an extent equal to but not less than fifty (50) per cent of its surface area. Front yard fences may only be picket, wrought iron, or steel or aluminum designed to mimic the look and function of wrought iron;

(ii)

Side yard street side elevations: A fence adjacent to any public street shall be no greater than five (5) feet in height and must also be uniformly open or perforated to an extent equal to but not less than fifty (50) per cent of its surface area;

(iii)

Side and rear yard: Maximum height is six (6) feet; and

(iv)

No fence shall impede vision of traffic on adjacent streets, alleys, and drives.

b.

Fences using electrified wire, barbed wire, or razor wire are not allowed for use on residential property.

c.

In commercial and industrial districts, fences shall be allowed in the rear and side yard only and no fence shall be more than six (6) feet in height.

d.

There shall be no limitation on height for fences used for agricultural lots in the A, agricultural district.

(3)

All accessory renewable energy structures shall require a building permit for installation and be subject to the following provisions:

a.

Renewable energy facilities shall be no higher than current zoning height restrictions for the district. Ground mounted solar collectors that do not exceed eight (8) feet in total height are permitted within the rear yard provided they are not visible from any public street.

b.

Roof-mounted solar collectors shall not extend above the peak of the roof on which they are mounted.

c.

Roof-mounted solar collectors which are visible from any public street shall be flush mounted.

d.

Roof-mounted solar collector components servicing the collector panel shall be concealed and all exposed metal shall be finished with similar colors to the structure on which it is mounted.

e.

Wind turbines shall be set back a distance greater than or equal to the overall blade tip height of the wind turbine from any property line.

f.

A neutral, non-reflective exterior color designed to blend with the surrounding environment shall be required for all renewable energy facilities.

g.

Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of a renewable energy facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

h.

No signage or advertising shall be allowed on the facilities.

i.

Utility connections shall be located underground.

j.

All appurtenant structures to solar and wind facilities shall be subject to reasonable regulations and shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

k.

The renewable energy facility must be dismantled and removed within twelve (12) months after operations have ceased.

l.

For all sites located within a historic district zoning, an application for a certificate of appropriateness shall have been obtained.

m.

All accessory renewable energy structures which exceed current height or setback requirements for the zoning district and all commercial solar or wind farms shall be processed as a special use application under section 30-25.5(44) Renewable energy facilities for commercial use or non-conforming accessory facilities.

n.

The principal use of the accessory renewable energy structure shall be the powering of the primary structure. Incidental selling of power back to the electric grid from an accessory structure shall not constitute a commercial use.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9432, § IV, 3-23-09; Ord. No. 11313, § III, 11-9-20)

One detached accessory structure shall be allowed in the rear or side yard at least five (5) feet from the lot line and at least ten (10) feet from any other structure. In addition, one minor accessory structure no larger than one hundred twenty (120) square feet in area may be allowed. Lots zoned A, agricultural district, shall not be subject to this provision.

(1)

All accessory structures within any residential district shall comply with the following maximum building footprint requirements:

a.

No greater than eight hundred (800) square feet on lots less than one-half (½) acre;

b.

No greater than one thousand (1,000) square feet on lots one-half (½) acre to one acre;

c.

No greater than one thousand five hundred (1,500) square feet on lots greater than one, but less than three (3) acres; and

d.

Lots having three (3) or more acres are allowed more than one accessory structure, provided the footprints of all accessory structures do not exceed a total of two thousand five hundred (2,500) square feet.

(2)

A carport may only be allowed in the side or rear yard and shall be at least five (5) feet from the lot line.

(3)

Residential swimming pools and landscape features with water greater than two (2) feet in depth shall be allowed in the rear or side yard at least five (5) feet from the property line and at least twenty (20) feet from the primary structure on any adjoining lot, in accordance with the following provisions:

a.

Permanent in-ground, above-ground and on-ground pools, spas, hot tubs and other water features must be enclosed and separated from adjoining properties by a four-foot high fence with a secured gate; and

b.

Portable pools and temporary water features greater than two (2) feet in depth, including inflatable pools, shall be securely covered or drained when not in use.

(4)

A recreational court/play area shall respect the setbacks established for all residential accessory structures and shall be safely situated not less than five (5) feet from any rear or side lot line. Any lighting shall be designed to eliminate visibility beyond the property.

(5)

A deck, patio, or gazebo shall be allowed only in the rear yard and located at least five (5) feet from any lot line.

(6)

In districts A, R-1A, RNC, RN, and MU, one accessory apartment shall be allowed, in accordance with the following:

a.

The apartment shall be secondary to an owner-occupied dwelling;

b.

At least one hundred fifty (150) square feet of living space shall be provided for each occupant; and

c.

Detached structures shall be built in accordance with the area requirements for accessory structures as noted above.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XX, 9-10-07)

(1)

In districts CO through M-2 inclusive, parking structures shall be allowed as accessory to a primary business or institution for the purposes of fulfilling on-site parking requirements and parking for the general public.

(2)

For uses generally permitted in districts C-2 and C-3, an accessory structure shall be allowed for the purpose of displaying merchandise, in accordance with an approved final development plan. This structure shall provide adequate screening for any merchandise enclosed, and shall not interfere with the general circulation of vehicle or pedestrian traffic.

(Ord. No. 8804, § I, 4-11-05)

Every public utility, cable company, video service provider and other users of the city rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this section regarding the placement of accessory utility facilities on public or private property. For purposes of this section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets, or other ground-mounted or below-ground facilities that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area, and otherwise are customarily found in such areas. Except where limited by other provisions of city ordinance, accessory utility facilities shall be subject to the following supplementary regulations:

(1)

Approval; design; location; application. The design, location, and nature of all accessory utility facilities on private or public property shall require approval of the city, which approval shall be considered in a nondiscriminatory manner, in conformance with this Ordinance, and subject to reasonable permit conditions as may be necessary to meet the requirements of this Ordinance. In considering applications individual or multiple location applications, the city shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sight-lines, or degrade the aesthetics of the adjoining properties or neighborhood, and taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein. Unless otherwise prohibited, utility facilities subject to this subsection may be located in minimum setback areas provided that all other requirements are met. To the extent not prohibited by RSMo 67.2707.3, the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the city to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the city to reimburse the city for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.

(2)

General regulations. The following general regulations apply to all accessory utility facilities:

a.

All such facilities shall be placed underground, except as otherwise provided in subsections (3) and (4) herein or as approved by special use permit.

b.

All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.

c.

All facilities that are no longer operational shall be deemed abandoned after six (6) continuous months of non-use, and shall therefore be removed within thirty (30) days thereafter at the cost of the utility.

d.

Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to forty-five (45) feet in height where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position, and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the city as necessary due to the lack of feasible alternatives.

e.

Utility facilities placed in designated historic areas may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.

f.

The responsibility for the maintenance of landscaping or vegetation is the responsibility of the facility owner. Any damage during installation or maintenance of facilities shall be promptly remedied.

g.

No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.

(3)

Single-family residential districts. In single-family residential districts and rights-of-way adjacent thereto, unless approved as part of a final plat, facilities are permitted in accordance with the following standards:

a.

Wherever feasible, all facilities shall be installed underground

b.

Wherever it is not feasible to install facilities underground, above ground facilities may be installed in the side or rear yard provided facilities do not exceed four (4) feet in height from grade or twelve (12) square feet in area.

c.

Where it is not feasible to install facilities underground or in the side or rear yard, above ground facilities may be installed in the front yard or within the rights-of-way provided the facility does not exceed three (3) feet in height from grade or eight (8) square feet in area.

d.

Any proposed facility that does not meet the above-referenced standards may only be permitted by special use permit in accordance with section 30-25 of this UDO.

(4)

All other districts. In all other districts and rights-of-way adjacent thereto, unless approved as part of a final development plan, facilities are permitted in accordance with the following standards:

a.

Wherever feasible, all facilities shall be installed underground

b.

Wherever it is not feasible to install facilities underground, above ground facilities may be installed in the side or rear yard provided facilities do not exceed six (6) feet in height from grade or sixteen (16) square feet in area and provided the facility is located in the least visible location.

c.

Where it is not feasible to install facilities underground or in the side or rear yard, above ground facilities may be installed in the side or front yard or within the rights-of-way provided the facility does not exceed three (3) feet in height from grade or twelve (12) square feet in area.

d.

Any proposed facility that does not meet the above-referenced standards may only be permitted by special use permit in accordance with section 30-25 of this UDO.

(5)

Landscape screening. Where appropriate, landscaping shall be provided for all authorized aboveground facilities taller than two (2) feet in height from grade or covering in excess of four (4) square feet in area. A landscape plan identifying the size and species of landscaping materials shall be submitted by the facility owner and approved by the city prior to installation of any facility requiring landscaping. The facility owner shall be responsible for the installation, maintenance and replacement of the landscaping, unless an agreement exists between the property owner and the facility owner whereby any or all of these responsibilities has been transferred to the property owner. Alternative screening or concealment may be approved by the city to the extent it meets or exceeds the purposes of these requirements.

(6)

Compliance with other laws. All accessory utility 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 supplementary regulations herein. The provisions of this section shall not apply to any circumstance or entity in which application under such circumstances is preempted or otherwise precluded by superseding law.

(Ord. No. 9182, § I, 8-27-07; 9254, § I, 1-28-08; Ord. No. 9307, § I, 5-27-08)