Raymore City Zoning Code
CHAPTER 420
Use Regulations
§ 420.010 Use-Specific Standards, Residential Uses.
A.
Single-Family Attached and Multiple-Family Dwellings.
1.
Number of Buildings per Lot. Multiple buildings containing attached single-family and multiple-family dwellings are permitted on a single zoning lot.
3.
Minimum Separation Between Buildings. Single-family attached and multiple-family buildings situated around a courtyard will have the following minimum distance requirements as measured between exterior walls:
a.
Back to back, forty (40) feet;
b.
Front to front, forty (40) feet;
c.
End to end, twenty (20) feet;
d.
End to back, thirty (30) feet;
e.
End to front, thirty (30) feet;
f.
No dwelling unit will face directly upon the rear of a building; and
g.
Service areas and vestibules, porches, balconies and canopies not extending more than ten (10) feet from the building, will be excluded from the distance requirements of this section.
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4.
Building Design. Attached single-family and multiple-family dwellings must:
[Amendment 33 - Ordinance 2020-068, 11-23-2020]
a.
Be designed with windows and/or doors on all building facades that face a street to avoid the appearance of blank walls; and
b.
Be designed with garage doors or carports facing an alley, where there is an alley serving the site, or facing an interior driveway, whenever possible. Where attached garages face a public street, they may not extend more than five (5) feet beyond the street-facing façade.
c.
Any portion of the building that is within one hundred (100) feet of a less intense zoning district may not exceed one hundred twenty-five percent (125%) of the maximum height permitted in the less-intense zoning district.
d.
Four-sided design, including entryways, windows and consistent materials along with architectural details shall be utilized on all elevations to add diversity and visual character to the building(s).
e.
Front entrance features shall include pedestrian-scale design elements. This includes: side lights or transom windows, architectural ornamentation or single-story roofs or canopies that are then integral to the overall architectural design of the building.
f.
Variety in exterior materials is encouraged. Composition of entirely one (1) material is prohibited. A brick, stone or similar material base is required up to at least three (3) feet of the front building facade.
g.
Prohibited building materials include:
h.
Roof mounted equipment, including ventilators and satellite dishes, shall be completely screened from view using parapet walls at the same height as the equipment. Screening shall be of the same materials and design as the larger building to maintain a unified appearance.
5.
Private Yards for Attached Single-Family Dwellings. All attached single-family dwelling unit developments must include private yards space in accordance with the following:
a.
Attached single-family dwellings must have private yards consisting of a minimum of two hundred (200) square feet in area for each attached single-family dwelling unit;
b.
A private yard may be located next to a front wall, rear wall or end wall, provided that it is immediately adjacent to the attached single-family dwelling unit it serves and is directly accessible from the unit by way of a door or steps;
c.
Required private yards must be landscaped with turf, groundcover, shrubs, trees or other landscape improvements, such as walkways or patios; and
d.
Private yards may be enclosed with fences.
6.
Common Open Space for Multiple-Family Dwellings. In addition to the minimum lot area required per dwelling unit in the district, all multiple-family dwelling unit developments must include common open space in accordance with the following:
a.
A minimum of one hundred fifty (150) square feet of common open space must be provided per dwelling unit;
b.
Common open space must be accessible to all dwelling units and improved with landscaping, recreational facilities, and/or pedestrian walkways; and
c.
Common open space must be maintained by the property owners association.
B.
Cluster Residential Developments.
1.
Description.
a.
The purpose of this section is to encourage subdivision design that is more efficient and provides more open space and greater natural resource protection than conventional subdivision designs. Cluster residential developments allow more compact and less costly road networks and utilities, and can also be used to preserve an area’s semi-rural character.
b.
The standards of this section require that a specified portion of each cluster residential development be set aside and permanently reserved as open space. The required open space may be used to provide recreational opportunities for the development’s residents and/or to protect significant natural resources on the site.
2.
Bulk and Dimensional Standards.
a.
Cluster residential developments are expressly exempt from the lot area, lot width, building coverage and yard requirements of this code. Lots must be of size and shape to allow for compliance with applicable building codes and to provide for a high-quality living environment for subdivision residents. Lots abutting or within one hundred fifty (150) feet of an existing or approved subdivision may be no smaller than eighty percent (80%) of the average lot size within the adjacent subdivision.
b.
Cluster residential developments must comply with all other bulk and dimensional standards of Section 405.030.
c.
A minimum twenty-five-foot yard must be provided adjacent to all rights-of-way and the boundary of the development.
d.
All buildings within a cluster residential development must be separated by a minimum of fifteen (15) feet, except that single-family attached and multiple-family buildings must be separated according to the requirements of Section 420.010A.3.
3.
Minimum Site Area. All cluster residential developments must contain a minimum of two (2) acres of land.
4.
Maximum Density/Minimum Lot Area.
a.
The maximum number of dwelling units allowed within a cluster residential development is computed by dividing the overall area of the site by the applicable minimum lot area per dwelling unit standard of Section 405.030 (Bulk and Dimensional Standards).
b.
Individual lots in a cluster residential development are not required to comply with the minimum lot area standards of Section 405.030.
c.
If the cluster residential development is located in more than one (1) district, the maximum number of dwelling units must be calculated separately for each portion of the site lying within a different district.
5.
General Design Principles.
a.
Cluster residential developments are subject to all other subdivision design and improvement standards of this subdivision ordinance unless otherwise expressly stated.
b.
Lots and development sites within cluster residential developments must, to the maximum extent practical, be located outside of areas containing woodlands, grasslands, surface waters, steep slopes drainageways, rock outcroppings and other natural resource features.
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6.
Open Space.
a.
Amount Required. All cluster residential developments must dedicate a minimum of thirty percent (30%) of the overall site area as permanent, active or passive open space.
b.
Use, Location and Design.
(1)
Open space must be dedicated or reserved for one (1) or more of the following uses:
(a)
Conservation of, and avoidance of development in, any areas that potentially pose a significant hazard to people or property such as drainageways, wetlands and lands whose soils or slopes make them particularly unsuitable for development or susceptible to erosion;
(b)
Conservation and protection of any identified significant natural areas, including streams, rare plant communities, wildlife habitats, or other environmentally sensitive areas where development might threaten water quality or ecosystems; and
(c)
Provision of active and/or passive outdoor recreation opportunities, either for the general public or for the development’s residents or employees and their guests (this requirement is not intended to preclude a membership requirement or fee for use of recreation facilities such as golf, swim, or tennis clubs, as long as residents have an opportunity to join the club or pay to use club facilities).
(2)
Highest priority for the location, design and use of open space must be given to conserving and avoiding development in any natural hazard areas or significant natural areas on the site.
(3)
Open space may contain active recreation areas and only those buildings, structures, accessways and parking facilities that are necessary and accessory to its principal uses (e.g., parking lots, pedestrian paths, utility lines, driveways, and club houses). All such structures and surfaces must be designed to protect and enhance the natural character and function of the open space. All active recreation areas must comply with the following:
(a)
Development of the area must include a tree and native vegetation preservation plan that protects mature vegetation areas and limits disturbance to the minimum required for construction;
(b)
Landscaping must comply with the planting list; and
(c)
The location, size, character and shape of required open space must be located on portions of the site that are most appropriate for the intended use (e.g., open space proposed for ball fields must be located on land that is relatively flat, dry, and can be accessed conveniently and safely by intended users).
c.
Boundary Markers.
(1)
Boundary markers must be put in place clearly marking required open space areas before, during and after construction.
(2)
Boundary markers must be installed at the intersection of private lot lines with the outer edge of the permanent open space area before receiving final City approval of plans for clearing, grading, or sediment and erosion control.
(3)
Construction fencing must be placed at the outer edge of the existing vegetation to be preserved in the permanent open space area. This fencing must be maintained throughout the construction process.
(4)
Permanent signs reading “Permanent Open Space Set-Aside—Do Not Disturb” must be placed at the edge of the permanent open space as follows:
d.
Construction in Phases. A description of planned development phases must be included in the application for, and made a part of the approval of the final plat for the cluster housing development. Each scheduled phase of development must include a proportion of required common open space based on the proportion of dwelling units that are being constructed in each phase.
7.
Ownership and Maintenance of Open Space.
a.
The applicant must identify the owner of the open space. The designated owner and the owner’s successors are responsible for maintaining the open space and any associated facilities. If a property owners association is the owner, membership in the association is mandatory and automatic for all property owners of the subdivision and their successors. If a property owners association is the owner, the property owners association must have lien authority to ensure collection of dues from all members.
b.
The applicant must submit a management plan for the open space and all common areas. The management plan must:
(1)
Allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements;
(2)
Estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;
(3)
Provide that any changes to the management plan be approved by the development review committee; and
(4)
Provide for enforcement of the management plan.
c.
In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the City may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance, plus any administrative costs and penalties, may be charged to the owner, property owner association, or to the individual property owners that make up the property owners association. Unpaid costs will become a lien on all subdivision properties.
8.
Legal Instrument for Permanent Protection. The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the open space. The legal instrument must be one (1) of the following:
a.
A permanent conservation easement (RSMo. 67.880) in favor of either:
(1)
A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions; or
(2)
A governmental entity (if the entity accepting the easement is not the City, then a third right of enforcement favoring the City must be included in the easement);
b.
An open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
c.
An equivalent legal tool that provides permanent protection, as approved by the City attorney.
C.
Manufactured Home Parks.
1.
General Standards for Manufactured Home Parks.
a.
Manufactured home parks must contain a minimum area of fifteen (15) acres.
b.
The minimum width of a manufactured home park is three hundred (300) feet.
c.
A manufactured home park must be entirely owned by an individual, firm, trust, partnership, public or private association or corporation. No lots may be individually sold.
d.
Manufactured home parks can only be used for residential purposes, customary and incidental accessory uses common to residential districts, and service buildings as permitted in Section 420.010C.7. Manufactured homes may be offered for sale in the park by owners selling their individual units only.
e.
No manufactured home may be located for occupancy or occupied unless on a designated lot within a manufactured home park, unless otherwise expressly permitted by this Code. No manufactured home may be parked within a public right-of-way for more than twenty-four (24) hours.
f.
Recreational vehicles may not be occupied at any time.
2.
3.
Lighting. The interior and exterior of all manufactured home parks must be constructed with sufficient exterior lighting that allow for safe movement of vehicles and pedestrians at night. Lighting of streets and community buildings must provide an average illumination level of one-half (1/2) foot-candles. All exterior lighting must be installed and maintained by the operator of the park.
4.
Recreation Areas.
a.
A minimum of five hundred (500) square feet of recreation and/or open space area must be provided per manufactured home lot. Each recreational or open space area must contain a minimum of five thousand (5,000) square feet in area and be provided with adequate recreational equipment and facilities. These include suitable landscaping, fencing and seating areas.
b.
If a swimming pool is provided the pool must be constructed in accordance with City requirements. See Section 420.050B.
c.
Recreation and open space areas must be centrally located and connected to pedestrian walkways and sidewalks within the park.
d.
The required recreational or open space area must be fully developed before fifty percent (50%) of the lots are occupied.
5.
Landscaping and Paving.
a.
Each manufactured home space must include on-lot landscaping consisting of at least two (2) shade trees with a caliper of at least one and one-half (1 1/2) inches.
b.
Exposed ground surfaces in all parts of every manufactured home park must be paved, covered with stone screenings or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
c.
All manufactured home parks and spaces shall be maintained in a neat and presentable manner. All landscaping, park and open space improvements required by the Unified Development Code must be maintained.
d.
All manufactured home parks must be surrounded by a screen and/or landscape buffer in accordance with Section 430.070C1.
6.
Storm Shelters. A storm shelter which is adequate to accommodate three (3) persons per manufactured home must be provided and centrally located within the park.
7.
Service Buildings and Community Facilities. Service buildings, management offices, community storage areas, indoor recreation areas and/or laundry and similar facilities that serve park residents may be provided within a manufactured home park, provided they do not occupy more than five percent (5%) of the area of the park. Service buildings and community facilities must be located, designed and intended to serve the residents of the park and present no visible evidence of their commercial character from any area outside the park.
8.
Individual Storage Areas. A community storage area with a minimum of two hundred fifty (250) square feet per manufactured home space must be provided within the park. This storage area must be fenced with a solid, visually obstructing wall or fence with a height of six (6) feet.
9.
Sanitary Sewer and Water Supply.
a.
Every space within a manufactured home park must be provided with public sanitary sewer and water service with all utility lines constructed in accordance with City approved plumbing and sanitary codes. All utility lines, including electrical service must be placed underground.
b.
No manufactured home lot may be located farther than three hundred (300) feet from a fire hydrant.
c.
Sanitary conditions within any manufactured home park must be consistent with the regulations of the Missouri Board of Health, Clean Water Commission, other State regulatory agencies and ordinances of the City.
11.
Standards for Individual Manufactured Homes and Park Spaces.
a.
Dimensional Standards.
(1)
All manufactured home park spaces must meet the following dimensional requirements:
Standard | Dimension |
|---|---|
Minimum manufactured home space area | 4,000 square feet |
Minimum manufactured home space width | 50 feet |
Minimum manufactured home dimensions | 10 feet x 50 feet |
Minimum setback from perimeter property lines | 30 feet |
Separation between manufactured homes | 30 feet |
Separation between manufactured homes and unattached accessory structures, on the same or another home site) | 10 feet |
Separation between manufactured homes and accessory structures and other manufactured home park structures, including offices, service buildings, community buildings or laundry buildings | 30 feet |
Separation between manufactured homes and internal street pavement, parking areas or common areas | 15 feet |
(2)
In measuring the minimum separation between manufactured homes, measurements will be taken from the outermost projection of the manufactured home or from any attached accessory structure, such as decks, stairs, stoops, porches, attached carports, and any other structure that is not separated from the manufactured home by at least ten (10) feet.
b.
Construction Standards.
(1)
All manufactured homes must be constructed according to applicable local building codes. Where the provisions of the building code conflict with the standards of this section, the more restrictive provision will control.
(2)
Every manufactured home must be placed on a solid concrete slab under the entire home with a thickness adequate to support the structure.
(3)
Every manufactured home must be securely skirted within fifteen (15) days after placement in a park by enclosing the open area under the unit with a material that is comparable with the exterior finish of the manufactured home and must be adequately maintained.
(4)
All manufactured homes must be supported at a maximum of ten-foot centers around the perimeter of each manufactured home and this blocking must provide sixteen (16) inches by sixteen (16) inches bearing upon the stand.
(5)
Tie-downs and ground anchors must secure all manufactured homes to the ground, as required by the State of Missouri.
c.
Design Standards.
(1)
All manufactured homes must have frontage on a street within the manufactured home park.
(2)
Each manufactured home lot must be provided with two (2) paved off-street parking spaces.
(3)
Each manufactured home lot must be provided with a paved patio area other than a parking space of not less than two hundred (200) square feet.
(4)
Each manufactured home must be provided with a weather-tight container with a tight fitting cover for garbage disposal. The park owner must insure that containers are emptied regularly, at least weekly, and maintained in a useable sanitary condition.
d.
Electrical Connections. Each manufactured home lot must be provided with an electrical source supplying at least 220 volts, in accordance with City electrical codes.
D.
Manufactured Home Residential Design. A manufactured home of residential design shall comply with the following criteria:
1.
Minimum dimensions of twenty-two (22) feet in width and forty (40) feet in length;
2.
The pitch of the roof of the manufactured home has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run and the roof finished with a type of shingle that is commonly used in standard residential construction in the City;
3.
All roof structures provide an eave projection of no less than twelve (12) inches, exclusive of any guttering;
4.
The exterior siding consists of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of low luster white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City;
5.
Is set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in “Manufactured Home Installations, 1987” (NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall, or poured concrete wall, unpierced except for required ventilation and access, is installed under the perimeter of the Residential-Design Manufactured Home;
6.
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home are installed or constructed in accordance with the standards set by the building code and attached firmly to the primary structure and anchored securely to the ground; and
7.
Has substantially the appearance of an on-site, conventionally built, single-family dwelling.
E.
Group Homes.
1.
Group homes located within residential neighborhoods must maintain an exterior appearance in general conformance with the neighborhood.
2.
Group homes must be located a minimum distance of one thousand (1,000) feet from any other group home, unless this distance requirement is waived by the City Council.
§ 420.020 Use-Specific Standards, Public and Civic Uses.
(Reserved)
§ 420.030 Use-Specific Standards, Commercial Uses.
A.
Adult Business.
1.
Applicability. This section applies to any adult business.
2.
Location Restrictions. No adult business shall be located in the following areas:
[Amendment 8 – Ordinance 2011-9, 2-28-2011]
a.
Within one thousand (1,000) feet of any school, house of worship, library, licensed child care center, public park or property zoned for residential purposes, which uses are located within the City; measurement shall be made in a straight line without regard to intervening structures or objects from the closest portion of the parcel containing the adult business to the closest portion of the parcel containing the school, house of worship, library, licensed child care center, public park or property zoned for residential purposes; or
b.
Within one thousand (1,000) feet of any other adult business for which there is a license issued by the City regardless of whether such businesses are located on the same property or separate properties; measurements shall be made in a straight line without regard to intervening structures or objects from the closest portion of the parcel containing the pre-existing adult business.
3.
Signs.
a.
All adult businesses shall conspicuously display on the principal entrance to the building a sign, visible from the exterior of the building, on which uppercase letters shall be at least two (2) inches high and lowercase letters shall be at least one (1) inch high, which shall read as follows:
THIS BUSINESS IS AN ADULT BUSINESS. ONLY PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER SHALL BE PERMITTED ON THE PREMISES.
4.
Licensing. All applicable licensing requirements of Chapter 650: Adult Businesses of the City of Raymore shall be satisfied.
5.
Adult Video Viewing Booths. Adult video viewing booths are hereby strictly prohibited either as a principal use or an accessory use.
B.
Businesses with Adult Media or Sexually Oriented Toys or Novelties Available.
1.
Applicability.
a.
Any bookstore, media store, video store, theater or other retail store in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of:
b.
Any bookstore, media store, video store, theater, or other retail store, in which sexually oriented toys and novelties constitute more than five percent (5%) of:
(1)
The sales (including rentals), measured in dollars over any consecutive ninety-day period;
(2)
The number of sales transactions, measured over any consecutive ninety-day period;
(3)
The dollar value of all merchandise displayed at any time;
(4)
The merchandise displayed for sale at any time; or
(5)
The sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) at any time.
c.
Prohibition of Public Display. The owner or operator of a store to which this section applies shall have the affirmative duty to prevent the public display of adult media or sexually oriented toys or novelties at or within the portions of the business open to the general public.
d.
Display of Adult Media or Sexually Oriented Toys or Novelties. Adult media or sexually oriented toys or novelties in a store to which this section applies shall be kept in a separate room or section of the store, which room or section shall:
(1)
Not be open to any person under the age of 18;
(2)
Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
(3)
Be located so that the entrance to it is as far as is reasonably practicable from media or other inventory in the store likely to be of particular interest to children;
(4)
Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section; and
(5)
Provide signage at the entrance stipulating that persons under eighteen (18) are not permitted inside.
C.
Day Care Homes and Centers.
1.
Day care homes and centers must be licensed by and in compliance with all State and local laws governing such facilities, when applicable.
2.
Any outdoor areas used by the facility as recreational areas must be enclosed by a fence no less than forty-two (42) inches in height.
3.
Day care homes and centers must include designated safe unloading (drop-off) and loading (pick-up) areas for children.
D.
Payday Loan, Check Cashing and Title Loan Businesses.
1.
Businesses shall not be located within fifteen hundred (1,500) feet of any other payday loan, check cashing service, or title loan business.
2.
No vehicle, including but not limited to motor vehicles, motor homes, trucks, trailers, boats and recreational vehicles that have been repossessed or are owned or controlled by the business shall be stored, or offered or displayed for sale, on the property upon which the business is located.
E.
Kennels. All buildings, pens and runs associated with this use must be located a minimum of two hundred (200) feet from any neighboring residential structure.
[Amendment 16 – Ordinance 2013-056, 8-26-2013]
F.
Restaurant.
[Amendment 25 – Ordinance 2017-051, 8-28-2017]
1.
The sale of alcoholic beverages will be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food.
G.
Retail Sales, Large.
1.
Generally. This section is intended to provide additional design and character standards for all retail uses on sites that include, in aggregate, one hundred thousand (100,000) square feet or more of gross floor area.
3.
The following standards apply to all building facades and exterior walls that are visible from adjoining streets or properties.
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Example: large retail building with recesses and projections, wall plane off-sets, canopies, and a clearly defined entrance.
a.
Buildings visible from public streets must include at least two (2) of the following features:
(1)
Variations in roof form and parapet heights;
(2)
Clearly pronounced recesses and projections;
(3)
Wall plane off-sets (dimension established by building module);
(4)
Reveals and projections and changes in texture and color of wall surfaces;
(5)
Deep set windows with mullions;
(6)
Ground level arcades and second floor galleries/balconies; or
(7)
Other features that reduce the apparent mass of a building.
b.
Buildings must have architectural features that conceal rooftop equipment, such as HVAC units, from public view.
c.
Each building must have a clearly defined, highly visible customer entrance featuring at least three (3) of the following elements:
(1)
Canopies or porticos;
(2)
Overhangs;
(3)
Recesses/projections;
(4)
Arcades;
(5)
Raised corniced parapets over the door;
(6)
Peaked roof forms;
(7)
Arches;
(8)
Outdoor patios;
(9)
Display windows;
(10)
Architectural details such as tile work and moldings that are integrated into the building structure and design; or
(11)
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
H.
Bed and Breakfast. Bed and breakfast establishments must:
1.
Be owner-occupied;
2.
Have a maximum of eight (8) guest rooms;
3.
Only serve meals to overnight guests, unless the bed and breakfast is located on an arterial or collector street as identified by the Growth Management Plan, then meals can be served to outside customers;
4.
Provide sufficient off-street parking as required by Chapter 425 in a parking area located behind the front building line; and
5.
Not include retail or other sales on the premises.
I.
Car Wash. Automatic car washes must have vehicle stacking spaces in accordance with Section 420.030L.2.
J.
Gas Station. Gas stations must:
1.
Have a minimum lot area of twenty thousand (20,000) square feet;
2.
Limit open storage of repair vehicles to no more than four (4) vehicles bearing current license plates and not including any wrecked vehicles; the duration of storage must not exceed seventy-two (72) hours;
3.
Have light fixtures that are directed downward and shielded to prevent glare on adjoining properties and roadways;
4.
Have canopy lighting designed with recessed fixtures to prevent glare on adjoining properties and roadways;
5.
Comply with all setback requirements, including canopies and other structures;
6.
Locate and design curb cuts to ensure they will not adversely affect the safety and efficiency of traffic and pedestrian circulation on adjoining streets. Curb cuts for new or renovated gas stations must be a minimum of one hundred twenty-five (125) feet apart on each street frontage;
K.
Motor Vehicle Repair.
1.
All motor vehicle repair operations that include body and fender repair must conduct the work within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress;
2.
No spray painting may be done except in a building or room specially designed for that purpose; and
3.
Motor vehicle repair shops cannot store vehicles on the site for longer than thirty (30) working days.
L.
Drive-through Facilities.
1.
General. Drive-through facilities are permitted as indicated in the use table in Section 410.020.
2.
Vehicle Stacking Areas.
a.
Each drive-through facility must provide the minimum vehicle stacking spaces as follows:
The following requirements shall be followed in determining the minimum stacking length per lane: | |
|---|---|
Use | Stacking Requirement |
Financial Institution - Teller lane - ATM | 3 3 |
Car Wash - Automatic service | 4 |
Restaurant | 4 behind menu board |
Pharmacy | 2 |
Other uses | To be determined by the Director |
b.
Vehicle stacking spaces include the space at the menu board, order box or service window.
c.
Each vehicle stacking space shall be eighteen (18) feet long by nine (9) feet wide.
d.
Each vehicle stacking lane shall be separate from any access aisle, loading space, or parking space.
e.
No vehicle stacking lane shall conflict with any vehicle entrance or exit, vehicle access way or pedestrian crosswalk.
f.
The Commission has the authority to allow a deviation to the stacking requirement based upon a study submitted by a traffic engineer which provides evidence to allow the reduction of these stacking requirements.
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3.
Adjacent to Residential Districts.
a.
Drive-through facilities, including stacking areas, must be separated from residentially-zoned property by at least forty (40) feet.
b.
Speaker systems used in conjunction with drive-through facilities must be designed so that they are not audible at the property line abutting residentially-zoned property.
M.
Self-Storage Facilities, Indoor. Self-storage facilities located in the C-2, C-3 or BP Zoning district must comply with the following standards:
[Amendment 25 – Ordinance 2017-051, 8-28-2017]
N.
Comprehensive Marijuana Facilities. Comprehensive marijuana related uses and facilities as defined in Article XIV of the State of Missouri Constitution must comply with the following standards:
[Amendment 31 – Ordinance 2019-048, 7-22-2019; Amendment 36 - Ordinance 2023-076, 10-9-2023]
1.
Location Restrictions:
e.
In the case of a free-standing comprehensive marijuana facility, the distance between the facility and a school, day-care center, religious assembly or residence shall be measured from the property line of the facility to the closest point of the property line of the school, day-care center, or religious assembly, or to the closest point of a residence.
f.
In the case of a comprehensive marijuana facility that is part of a multi-tenant building, the distance between the facility and the school, day-care center, religious assembly or residence shall be measured from the property line of the school, day-care center, or religious assembly or the closest point of a residence to the facility’s entrance. If the school, day-care center, or religious assembly is also located in a multi-tenant building, then the distance shall be measured from the closest entrance of each use.
g.
In the case where a residence is located on the same property as a comprehensive marijuana facility, said residence does not have to comply with the minimum separation requirement from the comprehensive marijuana facility.
h.
No comprehensive marijuana dispensary facility shall be located in a building that contains a residence.
i.
No comprehensive marijuana facility shall be located within one thousand (1,000) feet of another comprehensive marijuana facility. Combined facilities owned by a single entity at a single location are allowed.
j.
Measurements shall be made in a straight line at the closest point between property lines or buildings, without regard to any intervening buildings.
k.
When a new school, day-care center, religious facility, or residence is located within the location restriction areas applicable to an existing comprehensive marijuana related use, the comprehensive marijana use may continue to operate indefinitely provided a valid occupational license is maintained.
2.
Outdoor Storage. All operations and storage of materials, products, or equipment for a comprehensive marijuana facility located in the PO, C-1, C-2, or C-3 zoning district shall be within a fully enclosed and secured building where the comprehensive marijuana facility is located.
§ 420.040 Use-Specific Standards, Other Uses.
A.
Boarding Stables and Riding Schools.
1.
General. Stables, corrals and similar structures are permitted for the keeping of animals and other small-scale farming activities or for the operation of riding schools.
2.
Location. No stable, corral or similar structure shall be closer than twenty (20) feet of any property line.
3.
Design and Construction.
a.
Every parcel of land upon which horses are maintained shall be well drained. The surface of all corrals and paddocks shall be graded so as to prevent the accumulation of storm water.
b.
All corrals, training, show, riding, boarding and pasture areas shall be enclosed by a fence a minimum of four (4) feet in height.
c.
The minimum distance of a stable or corral from any residential structure on a neighboring lot existing at the time of issuance of the original permit shall be two hundred (200) feet.
B.
Home Occupations.
1.
General. The following regulations are intended to ensure that businesses conducted as subordinate to residential uses are not detrimental to the surrounding neighborhood, and that the residential character of the dwelling is maintained.
2.
Prohibited Home Occupations. The following uses are prohibited as home occupations:
3.
Requirements.
[Amendment 7 – Ordinance 2010-67, 8-9-2010; Amendment 21 – Ordinance 2015-005, 1-26-2015]
a.
The home occupation must be incidental and subordinate to the principal residential use of the premises and not occupy more than twenty-five percent (25%) of the floor area of the dwelling unit.
b.
No home occupation may be conducted in a detached accessory building unless the detached accessory building is on property zoned A, RE, RR or on any property one (1) acre or larger in size.
c.
No structural alteration is permitted that would change the residential character of the dwelling.
d.
No outdoor storage or display of commodities, products, merchandise, materials or equipment associated with or used for the home occupation is permitted.
e.
No signs are permitted for a home occupation.
f.
No more than one (1) person not related to a resident may be employed by the home occupation use.
g.
No home occupation may produce any noise, heat, vibration, dust, air pollution, electromagnetic interference, odors or other hazards that are detrimental to the safety and comfort of the neighboring residences.
h.
Parking generated by the home occupation use must be provided on a driveway or in an off-street area other than the required front yard.
i.
No commodities may be displayed or sold on the premises except that which is produced on the premises or that are normal and customary to the home occupation.
4.
Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided however, that each listed occupation conforms to the requirements of this section.
[Amendment 7 – Ordinance 2010-67, 8-9-2010]
a.
Art, dancing, and music schools provided that instruction is limited to five (5) pupils per session at any one time.
b.
Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers, and similar professions.
c.
Offices for realtors, insurance agents, brokers, sales representatives, and manufacturing representatives when no exchange of tangible goods is made on the premises.
d.
Radio, television, phonograph, recorder, and small appliance repair services.
e.
Home crafts and hobbies such as model making, rug weaving, lapidary work, woodworking, etc.
f.
Tailoring, alterations, and seamstresses.
g.
Beauty shops provided that not more than one (1) assistant, other than a member of the immediate family, is employed.
h.
Massage therapy, provided the home occupation complies with the following:
(1)
Massage therapist shall be licensed to perform massage therapy in accordance with Chapter 324 of the Revised Statutes of Missouri.
(2)
Massage therapist shall obtain a City of Raymore Occupational License.
(3)
Massage therapy to be conducted as a home occupation shall comply with all requirements of Chapter 635: Massage Establishments, of the Raymore City Code.
(4)
There shall be only one (1) licensed therapist per address operating at the home. No more than one (1) room shall be used for massage therapy and the appointment times shall be spaced out during the day to eliminate patients waiting for their massage therapy appointment.
(5)
Hours of operation shall be limited to 7:00 A.M. to 10:00 P.M.
C.
Wireless Telecommunications Facilities. The regulations contained in this section have been developed in accordance with the general guidelines set forth in the Federal Telecommunications Act of 1996.
[Amendment 32 - Ordinance 2020-056, 10-12-2020]
1.
Applicability.
a.
Pre-existing Towers and Antennas. Except as otherwise noted, the requirements of this section apply to all new wireless telecommunications facilities, any portion of which is located within the City of Raymore. Any towers and/or antennas legally existing and in use prior to adoption of this section will be allowed to continue as a nonconforming use. This section will not preclude the routine maintenance, repair and/or replacement of antennas on pre-existing towers. Any such towers or antennas will be referred to in this section as “pre-existing towers” or “pre-existing antennas.”
b.
District Height Limitations. The requirements set forth in this section govern the location of towers and alternative support structures and/or antennas that are installed at a height in excess of twenty (20) feet. Zoning district height limitations as specified in bulk and dimensional standards tables do not apply.
c.
Public Property. Existing antennas or towers located on property owned, leased or otherwise controlled by the City are exempt from the requirements of this section, provided a license or lease authorizing the antenna or tower has been approved by the City Council.
d.
Enclosed Wireless Systems. Wireless telecommunications facilities that are completely within an existing structure, with no visible evidence of the telecommunications facilities and do not use a telecommunications tower or an alternative support structure are exempt from this section.
2.
General Standards.
a.
Federal Requirements. All towers and antenna must meet applicable standards and regulations of the Federal Aviation Administration (FAA) , the Federal Communications Commission (FCC) and any other agency of the Federal Government with the authority to regulate towers and antennas.
b.
License. Applications for required permits will only be processed when the applicant demonstrates either that it is a FCC-licensed telecommunications provider or that it has agreements with a FCC-licensed telecommunications provider for use or lease of the support structure.
c.
Registration. On January first of each fifth year following the installation of the wireless telecommunications facility, the owner of such facilities must submit a letter to the Development Services Director registering the antenna(s) on forms prepared by the City and submitting information on location, type, FCC licensure, antenna operating status and any change in facility status in the previous registration period.
d.
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot will not preclude the installation of an antenna or tower on a lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to yard, lot coverage and other district requirements, the dimensions of the entire lot will control, even though the antennas or towers may be located on leased parcels within an individual lot.
e.
Inventory of Existing Sites. Each applicant for an administrative approval or a conditional use permit must provide to the Development Services Director an inventory of its existing towers that are either within the City limits or within one (1) mile of its boundary, including specific information about the location, height and design of each tower. The Development Services Department may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the City; provided, however, that the Development Services Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
f.
Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower must ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner will have thirty (30) days to bring the tower into compliance with applicable codes and standards. If the owner fails to bring the tower into compliance within thirty (30) days, the City may remove the tower at the owner’s expense.
g.
Inspections. The City and its agents have the authority to enter onto the property upon which a tower is located between the inspections and certifications required to inspect the tower for the purpose of determining whether it complies with the International Building Code and all other construction standards provided by the City’s Code, Federal, and State law. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the owner.
h.
Non-Use/Abandonment. Any antenna or tower that is not operated for a continuous period of twelve (12) months will be considered abandoned. The owner of such antenna or tower must remove it within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna or tower is not removed within ninety (90) days, the City may remove such antenna or tower at the owner’s expense. If there are two (2) or more users of a single tower, then this provision will not become effective until all users cease using the tower. It will be the duty of the telecommunications service provider and/or tower owner to provide written notice to the City when said condition exists.
i.
Facilities in Agricultural Zoning Districts. For the purposes of this section, land currently zoned agricultural will be treated according to its zoning designation provided for in the “Future Land Use Plan,” included as part of the City of Raymore Growth Management Plan.
j.
Third Party Review. When the City staff determines that the technical information provided by the applicant warrants outside review, the applicant, in addition to the usual application fee, must reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information submitted, up to a maximum of five thousand dollars ($5,000.00).
k.
Building Permit. A building permit is required for the installation of any tower, antenna, alternate tower structure or wireless telecommunications facility.
l.
Pre-application Meetings. Prior to leasing or purchasing facilities, the telecommunications service provider is encouraged to meet with the Development Services Director or his/her designee to determine if the location will require a conditional use permit or other approvals, the required submittals, and to review the merits of potential locations.
3.
Submittal Requirements for All Facilities.
a.
Submittal requirements for all towers, alternative tower structures, antennas, equipment facilities or other telecommunications facilities include the following:
(1)
Legal description of the parcel, if applicable;
(2)
A letter signed by the applicant stating the tower facility will comply with all applicable FAA regulations and EIA Standards and all other applicable Federal, State and local laws and regulations;
(3)
A statement by the telecommunications company that it is licensed by the FCC if required to be licensed under FCC regulations;
(4)
Proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;
(5)
Copies of any environmental documents required by any Federal agency. These include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;
(6)
Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
(7)
At the time of site selection, a statement that demonstrates how the proposed site fits into its overall network within the City;
(8)
A site plan clearly indicating the location, type and height of the proposed tower, alternative support structure, antenna, and/or equipment facility and all other required site plan data in accordance with the City’s application requirements;
(9)
The approximate distance between the proposed tower and the nearest residential building, residentially zoned properties, and from any property where the future land use designation indicated by the Growth Management Plan is residential;
(10)
A screening plan including the method of fencing, finished color and, if applicable, the method of illumination;
(11)
A landscape plan indicating the specific placement of the facility on the site in relation to any existing landscaping and natural features on the site and all existing and proposed landscape materials to be utilized to screen the facility; and
(12)
Photo-simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.
b.
Additional Submittal Requirements for Specific Facilities. In addition to the above listed submittal requirements for all telecommunications facilities, the following are required for proposed antenna:
(1)
Antennas on Existing Towers or Alternative Support Structures. Engineering evidence of the structural capacity of the existing tower to support the proposed telecommunication facility.
(2)
New Towers and Alternative Support Structures.
(a)
A statement by a registered professional engineer as to whether construction of the tower or alternative support structure can accommodate collocation of additional antennas for future users. If the construction of the tower or structure will accommodate the collocation of additional antennas, a signed statement indicating that:
i.
The applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional personal wireless service facilities by other providers on the applicants structure or within the same site location; and
ii.
The applicant and/or landlord agree to remove the facility within sixty (60) days after abandonment in accordance with the abandonment regulations, herein.
(b)
A map showing the locations and service areas of other adjacent telecommunications facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the City, so as to determine whether a new tower or structure is necessary.
c.
Proprietary Information. In the event meeting any submission requirements of this subsection requires presentation of proprietary confidential information, the applicant may submit same under seal, which will be returned upon approval of the application and made available to the City at its request.
4.
Design Standards for Antennas, Towers, and Alternative Support Structures.
a.
Height/Location. Any applicant proposing to construct a tower or alternative support structure must demonstrate utilizing engineering evidence that the height requested is the minimum height necessary to fulfill the site function.
b.
Aesthetics and Lighting. This subsection provides standards for the appearance of all towers, alternative support structures and antennas as follows:
(1)
Towers must either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness;
(2)
At a tower site, the design of the buildings and related structures must, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities with the surrounding natural setting and built environment;
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is nearly identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. All cables and related utility structures must be placed underground where required by the City; and
(4)
Towers cannot be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the City may review the available lighting alternatives allowed by the FAA and approve the design that would cause the least disturbance to surrounding property owners.
c.
Setbacks and Separation. The following setbacks and separation requirements apply to all towers:
(1)
Towers must be set back a distance of at least four times the tower height from any residential structure and any property currently zoned or designated by the Growth Management Plan for RE, RR, R-1A, R-1, R-1.5 or R-2;
(2)
Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements; and
(3)
In zoning districts other than BP, M-1 or M-2 Districts, towers over ninety (90) feet in height cannot be located within one (1) mile of any existing tower that is over ninety (90) feet in height.
d.
Security and Fencing. Freestanding facilities must be enclosed by security fencing secured with a locked gate that is six (6) feet in height and must also be equipped with an appropriate anti-climbing device. Chain-link or other wire fencing is only permitted where it is screened from public view by a minimum eight-foot-wide landscape strip in accordance with subparagraph 5, below.
e.
Landscaping. The following requirements are for landscaping around the base of towers and equipment structures:
(1)
The base of tower facilities and ground level equipment buildings must be landscaped with a buffer of plant materials that effectively screens it from adjacent residential properties. The standard buffer must consist of a landscaped strip at least eight (8) feet wide around the perimeter of the facility; and
(2)
In locations where the visual impact of the tower and/or equipment building would be minimal or where the facility is adequately screened by existing vegetation, the landscaping requirement may be reduced or completely waived.
f.
Equipment Structures. The standards for the design of equipment structures are as follows:
(1)
Equipment structures mounted on a roof must have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted;
(2)
In instances where equipment buildings are located in residential zoning districts, equipment buildings must comply with setback requirements and be designed to be compatible in appearance with nearby residential structures; or where feasible located underground; and
(3)
If the equipment cabinets or storage buildings contain machinery that produces noise, the cabinet or building must be designed so to meet the noise regulations of the City.
g.
Signs. Except as otherwise permitted in this section, no signs, lettering, symbols, images or trademarks in excess of two hundred (200) square inches may be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable laws.
h.
Access and Parking. All parcels upon which towers are located must provide at least one (1) vehicular space on-site. The dimensions of access drives, parking aisles and spaces to meet this requirement must meet the minimum standards delineated in Chapter 425.
i.
Height/Type Limitation. Guyed towers and towers over one hundred ninety-nine (199) feet in height will only be permitted when other options are unavailable or prove to be technically infeasible.
j.
Exceptions. The City Council may reduce or waive the requirements of this subsection if the purpose of this section would be better served thereby.
5.
Special Standards for Facilities in Residential Districts. In addition to all other standards and criteria provided for in this section, the following standards apply to wireless telecommunications facilities in zoning districts “RE”, “RR”, “R-1A”, “R-1”, “R-1.5”, “R-2”, “R-3”, “R-3A”, and “R-3B”:
a.
Antennas and antenna support structures will only be allowed on any lot used for residential purposes as follows:
b.
Antennas will only be allowed on existing non-residential buildings within residential districts as follows:
(1)
Antennas and related equipment must be concealed by the architecture of the structure such as clock towers, observation towers, church steeples, etc.
(2)
Except as otherwise noted below, antennas and related equipment will only be permitted on existing non-residential structures which are twenty (20) feet or greater in height and comply with the provisions below:
(a)
All antennas and related equipment may be rooftop mounted or attached to the side of an existing structure so long as such antennas and equipment do not increase the height of the existing structure by more than fifteen (15) feet;
(b)
Antennas and related equipment must be camouflaged or painted with a color which is determined to be compatible with the structure to the satisfaction of the Development Services Director;
(c)
No freestanding telecommunication towers of any kind will be permitted in a residential district except as may be erected on public properties for health and safety purposes by the City or other entity of the government; or in such a case that no other options are available or technically feasible; and
(d)
In residential districts, antennas may be placed on structures used for utility transmission purposes with the permission of the utility company. Such antennas cannot increase the existing height of the support structure by more than fifteen (15) feet.
6.
Special Standards for Facilities Proposed on Public Property.
a.
Priority. Where public property is requested to be utilized by an applicant, priority for the use of City-owned land for wireless antennas and towers will be given to the following entities in descending order:
(1)
The City of Raymore;
(2)
Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the City of Raymore and private entities with a public safety agreement with the City of Raymore;
(3)
Other governmental agencies, for uses which are not related to public safety; and
(4)
Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public.
b.
Minimum Requirements. The placement of wireless telecommunication facilities on City-owned or other public property must comply with the following minimum requirements, and any additional requirements as provided for in the required lease:
(1)
The facilities will not interfere with the purpose for which the City-owned property is intended;
(2)
The facilities will have no significant adverse impact on surrounding private property;
(3)
The applicant is willing to obtain adequate liability insurance and commit to a lease agreement that includes equitable compensation for the use of public land and other necessary provisions and safeguards. The City shall establish fees after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors;
(4)
The applicant will submit a letter of credit, performance bond or other security acceptable to the City to cover the costs of removing the facilities;
(5)
The antennas or tower will not interfere with other users who have a higher priority;
(6)
The lease will provide that the applicant agrees that in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the City may require the applicant to remove the facilities at the applicant’s expense;
(7)
The applicant must reimburse the City for any related costs which the City incurs because of the presence of the applicant’s facilities;
(8)
The applicant must obtain all necessary land use approvals; and
(9)
The applicant must cooperate with the City’s objective to encourage collocations and thus limit the number of telecommunications sites requested or camouflage the site as necessary.
7.
Review Procedures.
a.
Administrative Approvals.
(1)
General. The Development Services Director may administratively approve the telecommunications facilities as described in this subsection.
(a)
Each applicant for administrative approval must apply to the Development Services Director, providing the information set forth in Section 420.040C.3 of this section, and any other information the Development Services Director deems necessary.
(b)
The Development Services Director must approve, approve with conditions or disapprove complete applications within thirty (30) days upon receipt. If the Development Services Department fails to respond to the applicant within said thirty (30) days, then the application will be deemed to be approved.
(c)
In connection with any such administrative approval, the Development Services Director may, in order to encourage shared use, administratively waive any zoning district setback requirements by up to fifty percent (50%).
(2)
Authorized Administrative Approvals. The following requests for telecommunications facilities may be approved by the Development Services Director after conducting an administrative review:
(a)
Antennas on Existing Towers or Structures.
i.
Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other free-standing non-residential structure), provided that the addition does not add more than fifteen (15) feet to the height of the existing structure, and that:
(i)
The structure is not designated as a historic structure by the City Council;
(ii)
The antenna does not extend horizontally from the side of the structure farther than the minimum necessary for attachment; and
(iii)
Where the antenna extends horizontally from the side of a building, it is camouflaged by the use of materials, colors, textures or screening so that it will visually blend into the building.
ii.
Installation of an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other equipment used in connection with the proposed antenna, provided that the antenna does not add more than fifteen (15) feet to the height of the existing tower.
(b)
New Alternative Support Structures. Location of any alternative tower structure in any zoning district that, in the judgment of the Development Services Director, is in conformity with the purposes set forth in this section; or
(c)
New Towers in Commercial, Business Park, or Industrial Districts. Location of any tower in a “C-2”, “C-3”, “BP”, “M-1” or “M-2” zoning district provided a registered professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Development Services Director concludes the tower is in conformity with the purposes and standards set forth in this section; and the tower meets the following criteria:
i.
The tower must be less than one hundred twenty (120) feet in height, and of a monopole design; and
ii.
All towers over sixty (60) feet in height must be designed to accommodate antennas for more than one (1) user. The number of users accommodated must be reasonably proportional to the height of the tower.
b.
Conditional Use Permits.
(1)
General. The following provisions, and those set forth in Section 470.030, will govern the issuance of conditional use permits:
(a)
If the tower or antenna is not permitted to be approved administratively pursuant to Section 420.040C.7.a, then a conditional use permit is required for the construction of a tower or the placement of an antenna in all zoning districts;
(b)
In granting a conditional use permit, the City may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties; and
(c)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical must be certified by a registered professional engineer.
(2)
Site Approval. The use must be approved on a site plan or final plat, as applicable, and be located on a platted lot.
(3)
Term. An initial request for a conditional use permit will be limited to five (5) years. At the time of renewal the applicant must demonstrate to the satisfaction of the City that a good-faith effort has been made to cooperate with other providers to establish collocation at the tower site. Good-faith effort must include, but is not limited to, timely response to collocation inquiries from other providers and sharing of technical information to evaluate the feasibility of establishing collocation. Failure to demonstrate that a good-faith effort has been made, or to properly register with the City according to Section 420.040C.2.c may result in the denial of the request for a renewal.
(4)
Review Criteria.
(a)
General. The applicant must demonstrate that the proposal is consistent with the conditional use approval criteria in Section 470.030E, the following criteria, and other criteria as may be appropriate to further the purposes of this section. The governing authority may waive or reduce the burden on the applicant of one (1) or more of these criteria, if the governing authority concludes that the purposes of this section are better served thereby:
i.
Minimal height of the proposed tower, consistent with the technical requirements of the telecommunications service;
ii.
Utilization of surrounding topography to minimize visibility of the tower from existing and future residential areas and public streets;
iii.
Utilization of surrounding tree coverage and foliage to minimize visibility of the tower from existing and future residential areas and public streets;
iv.
Type and design of the tower, with particular reference to design characteristics that have the effect of camouflaging facilities or otherwise reducing or eliminating visual obtrusiveness;
v.
Proximity of the tower to residential structures and residential district boundaries;
vi.
Nature of uses on adjacent and nearby properties;
vii.
Mitigation of visual impact;
viii.
Proposed ingress and egress; and
ix.
Availability of suitable existing towers and other structures.
(b)
Visual Impact. To the extent feasible, wireless telecommunications towers:
i.
Must be located where they are the least obtrusive as viewed from prominent public locations;
ii.
Must be placed within forested areas with antennas just above tree-line;
iii.
Must not be so located or be of such height as to necessitate FAA coloring or lighting;
iv.
Must be located in industrial or heavy commercial areas;
v.
Must be of the minimum height necessary for operation of the telecommunication system, considering the visual trade-off of a greater number of towers at lower heights; and
vi.
Must not be located and visible in historic districts or on historic structures designated by the City Council.
(c)
Availability of Suitable Existing Towers or Other Structures. No new tower will be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
i.
No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements;
ii.
Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements;
iii.
Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment;
iv.
The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna;
v.
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable; or
vi.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
8.
Small Wireless Facilities.
[Amendment 32 - Ordinance 2020-056, 10-12-2020]
a.
Applicability. To the extent permitted by law, this Section shall apply to all Persons desiring to construct, operate, or maintain Small Wireless Facilities within the City.
b. ANTENNA APPLICABLE CODES APPLICABLE LAW APPLICANT APPLICATION CITY UTILITY POLE COLLOCATE or COLLOCATION DECORATIVE POLE FEE HISTORIC DISTRICT MICRO WIRELESS FACILITY SMALL WIRELESS FACILITY PERMIT RATE RIGHT-OF-WAY SMALL WIRELESS FACILITY(1) (2)
TECHNICALLY FEASIBLE UTILITY POLE WIRELESS FACILITY(1) (2) (3) (4) WIRELESS INFRASTRUCTURE PROVIDER WIRELESS PROVIDER WIRELESS SERVICES WIRELESS SERVICES PROVIDER WIRELESS SUPPORT STRUCTURE WIRELINE BACKHAUL FACILITY
Definitions. For the purposes of this Section, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated.
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;
Uniform building, fire, electrical, plumbing, or mechanical codes adopted by the City to prevent physical property damage or reasonably foreseeable injury to persons;
State and federal law and regulation applicable to the construction, installation, deployment or Collocation of Wireless Facilities and Utility Poles, including those laws and regulations of general applicability that do not apply exclusively to Wireless Facilities or Wireless Providers such as local ordinances and state law relating to use of Right-of-Way;
Any person who submits an application and is a wireless provider;
A request submitted by an applicant to the City for a permit to collocate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole;
A utility pole, as defined below, owned, managed, or operated by or on behalf of the City; except municipal electric utility distribution poles or facilities;
To install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole;
A City Utility Pole that is specially designed and placed for aesthetic purposes;
A one-time, non recurring charge;
A group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C, or are otherwise located in a district made subject to special design standards adopted by a local ordinance or under state law as of January 1, 2018, or subsequently enacted for new developments;
A small wireless facility that meets the following qualifications:
A written authorization from the City Public Works Director to collocate Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way for any purpose;
A recurring charge;
The area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including a federal interstate highway, railroad right-of-way, or private easement;
A wireless facility that meets both of the following qualifications:
Each wireless provider’s antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and
All other equipment associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume; and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility.
The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs and related conduit for the connection of power and other services; |
By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a reduction in the functionality of the small wireless facility;
A pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities;
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
The term includes small wireless facilities. The term does not include:
The structure or improvements on, under, or within which the equipment is collocated;
Coaxial or fiber-optic cable between wireless support structures or utility poles;
Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or
A wireline backhaul facility.
Any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider;
A wireless infrastructure provider or a wireless services provider;
Any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities;
A person who provides wireless services;
An existing structure, such as a monopole or tower, whether guyed or self-supporting, designed to support or capable of supporting wireless facilities; an existing or proposed billboard; an existing or proposed building; or other existing or proposed structure capable of supporting wireless facilities, other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole.
A physical transmission path, all or part of which is within the right-of-way, used for the transport of communication data by wire from a wireless facility to a network.
c.
General Standards:
(1)
Neither the City, nor any person owning, managing, or controlling City Utility Poles, shall enter into an exclusive arrangement with any person for use or management of the Right-of-Way for the Collocation of Small Wireless Facilities or the installation, operation, marketing, modification, maintenance, management, or replacement of City Utility Poles within the Right-of-Way, or for the right to attach to such City Utility Poles within the Right-of-Way.
(2)
The City, in applying the provisions of this Section, will act in a competitively neutral manner with regard to other users of the Right-of-Way.
(3)
Nothing in this Section limits the ability of the City to require an Applicant to obtain one (1) or more permits of general applicability that do not apply exclusively to Wireless Facilities in addition to the Permit required by this Section in order to Collocate a Small Wireless Facility or install a new, modified, or replacement Utility Pole associated with a Small Wireless Facility.
(4)
The City may require a Permit under Applicable Codes, existing City ordinances, or this Section, with reasonable conditions, for work in a Right-of-Way that will involve excavation, affect traffic patterns, obstruct traffic in the Right-of-Way, or materially impede the use of a sidewalk.
(5)
A Small Wireless Facility must comply with reasonable, objective, and cost-effective concealment or safety requirements determined by the City.
(6)
Subject to Section 430.040C8d8, and except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. Section 1.1307(a)(4) of the Federal Communications Commission rules, the City may require reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures, published in advance, for Small Wireless Facilities or Utility Poles placed in a Historic District. Any such design or concealment measures shall not have the effect of prohibiting any Wireless Provider's technology, nor shall any such measures be considered a part of the Small Wireless Facility for purposes of the size restrictions in the definition of Small Wireless Facility.
(7)
Right-of-Way users, upon adequate notice and at the facility owner’s own expense, shall relocate facilities as may be needed in the interest of public safety and convenience.
(8)
Except as otherwise provided in this Section and Applicable Law, in reviewing applications for Small Wireless Facilities, Wireless Support Structures and Utility Poles, the City will exercise zoning, land use, planning, and permitting authority within its territorial boundaries.
(9)
Nothing in this Section shall be interpreted to impose any new requirements on cable providers for the provision of such service.
(10)
Small Wireless Facilities or Utility Poles constructed or operational before August 28, 2018, which were approved by the City by permit or agreement may remain installed and be operated under the requirements of this Section.
d.
Permitting Provisions:
(1)
Permit Requirements – Inside the Right-of-Way. Any Person desiring to Collocate Small Wireless Facilities, or to install, replace, maintain or operate a Utility Pole, inside the Right-of-Way must first apply for and obtain a Permit, in addition to any other required permit, license, or authorization that is generally applicable and does not apply exclusively to Wireless Facilities.
(a)
The Collocation of Small Wireless Facilities and the installation, maintenance, modification, operation, and replacement of Utility Poles along, across, upon, and under the Right-of-Way is not subject to zoning review or approval; except that the placement of new or modified Utility Poles in the Right-of-Way in areas zoned single-family residential or as historic as of August 28, 2018, remain subject to any applicable zoning requirements that are consistent with §§ 67.5090 to 67.5103, RSMo.
(b)
Small Wireless Facilities and Utility Poles shall be installed and maintained so as not to obstruct or hinder the usual travel, including pedestrian travel, or public safety on the Right-of-Way or obstruct the legal use of the Right-of-Way by the City or other authorized Right-of-Way users.
(c)
A new, replacement, or modified Utility Pole installed in the Right-of-Way shall not be subject to zoning requirements so long as the Utility Pole does not exceed the greater of ten (10) feet in height above the tallest existing Utility Pole in place as of January 1, 2019 located within five hundred (500) feet of the new Utility Pole in the same Right-of-Way, or fifty (50) feet above ground level. A new, modified, or replacement Utility Pole that exceeds these height limits shall be subject to applicable City zoning requirements that apply to other Utility Poles, and that are consistent with Sections 67.5090 to 67.5103, RSMo.
(d)
New Small Wireless Facilities in the Right-of-Way shall not extend more than ten (10) feet above an existing Utility Pole in place as of August 28, 2018.
(e)
Small Wireless Facilities on a new Utility Pole shall not extend above the height permitted for a new Utility Pole in Section 420.040C8d1c above.
(f)
A Wireless Provider shall be permitted to replace Decorative Poles when necessary to Collocate a Small Wireless Facility, but any replacement pole shall reasonably conform to the design aesthetics of the Decorative Pole or Poles being replaced. The term ‘reasonably conform’ as used herein, shall mean that the design aesthetics of the replacement pole shall be as nearly identical to the Decorative Pole replaced as is feasible. The City Public Works Director is authorized to determine if the replacement pole reasonably conforms, based upon the reasonable objective design standards published in advance by the City.
(g)
The City may require replacement of a City Utility Pole that is proposed to be used for a Collocation on a nondiscriminatory basis for reasons of safety and reliability, including a demonstration that the Collocation would make the City Utility Pole structurally unsound.
(2)
Permit Requirements – Outside the Right-of-Way.
(a)
The Collocation of Small Wireless Facilities in or on property not zoned primarily for single-family residential use is not subject to zoning review or approval.
(b)
The City will allow Collocation of Small Wireless Facilities on City Wireless Support Structures and City Utility Poles that are located on City property outside the right-of-way to the same extent, if any, that it allows access to such structures for other commercial projects or uses. Any such Collocations shall be subject to reasonable and nondiscriminatory rates, fees, and terms as provided in an agreement between the City and the Wireless Provider, and not otherwise governed by this Section.
(c)
The City shall not enter into an exclusive agreement with a Wireless Provider concerning City Utility Poles or City Wireless Support Structures that are located on City property outside the Right-of-Way, including stadiums and enclosed arenas, unless the agreement meets the following requirements:
i.
The Wireless Provider provides service using a shared network of Wireless Facilities that it makes available for access by other Wireless Providers on reasonable and nondiscriminatory rates and terms that shall include use of the entire shared network, as to itself, an affiliate, or any other entity; or,
ii.
The Wireless Provider allows other Wireless Providers to Collocate Small Wireless Facilities on reasonable and nondiscriminatory rates and terms, as to itself, an affiliate, or any other entity.
(3)
Permit Process for an Applicant seeking to construct Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way.
(a)
An Applicant seeking to Collocate Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way, must first submit an Application for a Permit to the Public Works Director. The Public Works Director shall design and make available to Applicants a standard Application form, consistent with the provisions of this Section which all Applicants must use in order to accomplish the purposes of this Section. Except for the requirements in Section 420.040C8d3b2 below, an Applicant shall not be required to provide more information to obtain a Permit under this Section than other communications service providers that are not Wireless Providers.
(b)
An Application for a Permit shall include the following:
i.
Construction and engineering drawings which demonstrate compliance with the criteria in Section 420.040C8d6;
ii.
An attestation that the Small Wireless Facilities comply with the volumetric limitations in the definition of Small Wireless Facility;
iii.
Information on the height of any new, replacement, or modified Utility Pole;
iv.
Applicable indemnity, insurance, performance bond information required in Section 420.040C8f;
v.
An Applicant that is not a Wireless Services Provider must provide evidence of agreements or plans demonstrating that the Small Wireless Facilities will be operational for use by a Wireless Services Provider within one (1) year after the Permit issuance date, unless the City and the Applicant agree to extend this period or if the Applicant notifies the City the delay is caused by lack of commercial power or communications transport facilities. An Applicant that is a Wireless Services Provider must provide this information by attestation.
vi.
Plans and detailed cost estimates for any make-ready work as needed. The Applicant shall be solely responsible for the cost of any make-ready work; and
vii.
Projected commencement and termination dates for the Permit, or if such dates are unknown at the time the Permit is issued, a provision requiring the Permit holder to provide the Public Works Director with reasonable advance notice of such dates once they are determined.
(4)
Fees and Rates.Each such Application shall be accompanied by payment of fees as listed in the Schedule of Fees and Charges maintained by the Finance Department.
(a)
General.
i.
Any fees collected pursuant to this Subsection will be used only to reimburse the City for its actual incurred costs and will not be used to generate revenue to the City above such costs.
ii.
The City may not require or accept in-kind services in lieu of any fee.
iii.
The rates to Collocate on City Utility Poles shall be nondiscriminatory regardless of the services provided by the Collocating Applicant.
(b)
Application Fee.
i.
The total fee for an Application for the Collocation of a Small Wireless Facility on an existing City Utility Pole is listed in the Schedule of Fees and Charges maintained by the Finance Department.
ii.
An Applicant filing a consolidated Application shall pay a fee as listed in the Schedule of Fees and Charges maintained by the Finance Department.
iii.
The total fee for an Application for the installation, modification, or replacement of a Utility Pole and the Collocation of an associated Small Wireless Facility shall be as listed in the Schedule of Fees and Charges maintained by the Finance Department.
(c)
Collocation Rate. The rate for Collocation of a Small Wireless Facility to a City Utility Pole is as listed in the Schedule of Fees and Charges maintained by the Finance Department.
(d)
Right-of-Way Permit Fee. The total fee for a Right-of-Way permit associated with the installation of Small Wireless Facilities in the Right-of-Way is as listed in the Schedule of Fees and Charges maintained by the Finance Department.
(5)
Timing for Processing of an Application.
(a)
Within fifteen (15) days of receiving an Application, the City shall determine and notify the Applicant in writing whether the Application is complete. If an Application is incomplete, the City shall specifically identify the missing information in writing. The processing deadline in Section 420.040C8d5b is tolled from the time the City sends the notice of incompleteness to the time the Applicant provides the missing information. That processing deadline may also be tolled by agreement of the Applicant and the City.
(b)
The City shall process and approve or deny an Application for Collocation of a Small Wireless Facility within forty-five (45) days of receipt of the Application. The Application shall be deemed approved if not approved or denied within this forty-five-day period.
(c)
The City shall process and approve or deny an Application for installation of a new, modified, or replacement Utility Pole associated with a Small Wireless Facility within sixty (60) days of receipt of the Application. The Application shall be deemed approved if not approved or denied within this sixty-day period.
(d)
An Applicant may file a consolidated Application and receive a single Permit for the Collocation of multiple Small Wireless Facilities.
(1)
An Application may include up to twenty (20) separate Small Wireless Facilities; provided that they are for the same or materially same design of Small Wireless Facility being Collocated on the same or materially the same type of Utility Pole or Wireless Support Structure, and geographically proximate. The Application shall provide information sufficient for the Public Works Director to determine whether the Applicant has met the requirements of this Subsection. The Public Works Director shall have discretion to determine whether the Application meets the requirements of this Subsection.
(2)
If the City receives individual Applications for approval of more than fifty (50) Small Wireless Facilities or consolidated Applications for approval of more than seventy-five (75) Small Wireless Facilities within a fourteen-day period, whether from a single Applicant or multiple Applicants, the City may, upon its own request, obtain an automatic thirty-day extension for any additional Collocation or replacement or installation Application submitted during that fourteen-day period or in the fourteen-day period immediately following the prior fourteen-day period. The City will promptly communicate its request to each and any affected Applicant.
(3)
The denial of one (1) or more Small Wireless Facilities in a consolidated Application shall not delay processing or constitute a basis for denial of any other Small Wireless Facilities in the same consolidated Application or the consolidated Application as a whole.
(e)
The City shall provide a good faith estimate for any make-ready work necessary to enable a City Utility Pole to support the requested Collocation by a Wireless Provider, including pole replacement if necessary, within sixty (60) days after receipt of a complete Application. Make-ready work, including any pole replacement, shall be completed within sixty (60) days of written acceptance of the good faith estimate and advance payment, if required, by the Applicant.
(f)
An Application that is not acted on within the specified time period is deemed approved.
(g)
For any Application denied:
i.
The City shall document the complete basis for a denial in writing, and send the documentation to the Applicant on or before the day the City denies the Application.
ii.
The Applicant may cure the deficiencies identified by the City and resubmit the Application within thirty (30) days of the denial without paying an additional application fee.
iii.
The City shall approve or deny the revised Application within thirty (30) days. Any subsequent review shall be limited to the deficiencies cited in the denial.
(h)
The City will not institute, either expressly or de facto, a moratorium on filing, receiving, or processing Applications or issuing Permits or other approvals, if any, for the Collocation of Small Wireless Facilities or the installation, modification, or replacement of Utility Poles to support Small Wireless Facilities.
If doing so would be consistent with 47 U.S.C. § 253(a), particularly as interpreted by the FCC’s Declaratory Ruling adopted on August 2, 2018 (FCC 18-111), the City may institute a temporary moratorium on Applications for Small Wireless Facilities and the Collocation thereof for no more than thirty (30) days in the event of a major and protracted staffing shortage that reduces the number of personnel necessary to receive, review, process, and approve or deny applications for the Collocation of Small Wireless Facilities by more than fifty percent (50%).
(6)
Denial of an Application. An Application for a proposed collocation of a Small Wireless Facility or installation, modification, or replacement of a Utility Pole otherwise meeting the requirements of Section 420.040C8d1a or 420.040C8d2a may be denied if the action proposed in the Application could reasonably be expected to:
(a)
Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;
(b)
Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;
(c)
Materially interfere with compliance with the Americans with Disabilities Act, or similar federal or state standards regarding pedestrian access or movement;
(d)
Materially obstruct or hinder the usual travel or public safety on the Right-of-Way;
(e)
Materially obstruct the legal use of the Right-of-Way by the City, utility, or other third party;
(f)
Fail to comply with Applicable Codes, including nationally recognized engineering standards for Utility Poles or Wireless Support Structures;
(g)
Fail to comply with the reasonably objective and documented aesthetics of a Decorative Pole and the Applicant does not agree to pay to match the applicable decorative elements;
(h)
Fail to comply with reasonable and nondiscriminatory undergrounding requirements contained in City ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing Utility Poles in a Right-of-Way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such Utility Poles and do not prohibit the replacement or modification of existing Utility Poles consistent with Applicable Law or the provision of Wireless Services; or
(i)
Any other reason not prohibited by Applicable Law.
(7)
Approval of an Application.
(a)
The Public Works Director shall review each Application for a Permit and, upon determining that 1) the Applicant has submitted all necessary information; 2) there is no basis under Section 420.040C8d7 to deny the Application; and 3) the Applicant has paid the appropriate Fee, the Public Works Director shall issue the Permit.
(b)
If the City approves an Application, the Applicant is authorized to:
i.
Undertake the installation or Collocation; and
ii.
Operate and maintain the Small Wireless Facilities and any associated Utility Pole covered by the Permit for a period of not less than ten (10) years, which shall be renewed for equivalent durations so long as they are in compliance with the criteria listed in Section 420.040C8d.
(c)
The City may approve a Permit subject to a reservation to reclaim space on the Utility Pole, when and if needed, to meet the Utility Pole owner’s core utility purpose or a documented City plan projected at the time of the Application.
(8)
No Application Required. No Application is required for:
(a)
Routine maintenance on previously permitted Small Wireless Facilities;
(b)
The replacement of Small Wireless Facilities with Small Wireless Facilities that are the same or smaller in size, weight, and height; or
(c)
The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between Utility Poles in compliance with Applicable Codes.
A person performing the permitted acts under this Subsection may be required to provide the City with a description of any new equipment installed so that the City may maintain an accurate inventory of the Small Wireless Facilities at a particular location. |
e.
Construction Standards:
(1)
The construction, operation, maintenance, and repair of Small Wireless Facilities shall be in accordance with Applicable Codes and relevant City ordinances pertaining to construction, operation, maintenance, and repair inside or outside the Right-of-Way.
(2)
All Small Wireless Facilities shall be installed and located with due regard for minimizing interference with the public and with other users of a Right-of-Way, including the City.
(3)
An Applicant shall not place Small Wireless Facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the various utilities serving the residents and businesses in the City of their use of any Right-of-Way.
(4)
Any and all Rights-of-Way disturbed or damaged during the construction of Small Wireless Facilities shall be promptly repaired or replaced by the Applicant to its functional equivalence as existed before the disturbance or damage.
(5)
Any Wireless Infrastructure Provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances.
(6)
Each Wireless Infrastructure Provider, contractor or subcontractor shall have the same obligations with respect to its work as Wireless Services Provider would have hereunder and Applicable Law if the work were performed by the Wireless Services Provider. The Wireless Services Provider shall be responsible for ensuring that the work of Wireless Infrastructure Providers, contractors or subcontractors is performed consistent with their Permits and Applicable Law, and shall be responsible for promptly correcting any acts or omissions by a Wireless Infrastructure Provider, contractor or subcontractor.
f.
Indemnity, Insurance, Performance Bonds:
(1)
Indemnity. Wireless Providers shall indemnify and hold the City, its officers and employees harmless against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors.
(2)
Insurance.
(a)
As part of the Permit process, a Wireless Provider must provide proof of liability insurance coverage against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors. The Wireless Provider’s liability insurance policy must name the City or its officers and employees as additional insureds.
(b)
In the alternative, a Wireless Provider must demonstrate that it has in effect a comparable self-insurance program.
(3)
Performance Bond.
(a)
As part of the Permit process, a Wireless Provider must post a performance bond as listed in the Schedule of Fees and Charges maintained by the Finance Department.
(b)
The purpose of the performance bond is to:
i.
Provide for the removal of abandoned or improperly maintained Small Wireless Facilities, including those that the City determines need to be removed to protect public health, safety, or welfare;
ii.
Restore the Right-of-Way in connection with removals of Small Wireless Facilities from the Right-of-Way; and
iii.
Recoup rates or fees that have not been paid by a Wireless Provider in over twelve (12) months, provided the Wireless Provider has been provided with reasonable notice form the City and has been given the opportunity to cure.
(c)
Upon completion of the work associated with the Small Wireless Facilities covered by the performance bond to the satisfaction of the Public Works Director, the Public Works Director shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established by the Public Works Director considering the nature of the work performed.
(d)
Recovery by the City of any amounts under the performance bond or otherwise does not limit an Applicant’s duty to indemnify the City in any way, nor shall such recovery relieve an Applicant of its obligations under a Permit or reduce the amounts owed to the City other than by the amounts recovered by the City under the performance bond, or in any respect prevent the City from exercising any other right or remedy it may have.
(4)
Exemption. Applicants that have at least twenty-five million dollars ($25,000,000.00) in assets in the State and do not have a history of permitting noncompliance within the City’s jurisdiction shall be exempt from the insurance and bonding requirements otherwise required by this Section. The City may require an Applicant to provide proof by affidavit that its assets meet or exceed this requirement at the time of filing the Application.
g.
Miscellaneous Provisions:
(1)
Compliance With Laws. Each Applicant shall comply with all applicable City ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established, to the extent that they are consistent with state and federal law.
(2)
Franchises Not Superseded. Nothing herein shall be deemed to relieve an Applicant of the provisions of an existing franchise, license or other agreement or permit.
(3)
Rights and Remedies:
(a)
The exercise of one (1) remedy under this Section shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an Applicant of its obligations to comply with its Permits. Remedies may be used alone or in combination; in addition, the City may exercise any rights it has at law or equity.
(b)
The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Section.
(c)
No Applicant shall be relieved of its obligation to comply with any of the provisions of this Section by reason of any failure of the City to enforce prompt compliance.
(4)
Incorporation by Reference: Any Permit granted pursuant to this Section shall by implication include a provision that shall incorporate by reference this Section into such Permit as fully as if copied verbatim.
(5)
Calculation of Time: Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Section or any Permit, and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.
(6)
Severability: If any term, condition, or provision of this Section shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in Applicable Law so that the provision that has been held invalid is no longer invalid, said provisions shall there upon return to full force and effect without further action by the City and shall thereafter be binding on the Applicant and the City.
h.
Annexation: The provisions hereof shall specifically apply to any lands or property annexed as the date of such annexation.
i.
Relocation of Facilities. Whenever, by reason of changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer, or other City-owned underground or above ground structure, it is deemed necessary by the City, in the interest of public safety and convenience, to move, alter, or change the location of underground or above ground facilities of a Wireless Provider, the Wireless Provider shall relocate such facilities, on alternative Right-of-Way provided by the City, if available, upon adequate notice in writing by the City, without claim for reimbursement or damages against the City.
j.
Standards Applicable To City. Any standards in this Section relating to Small Wireless Facilities shall be fully applicable to work performed by the City and its departments.
k.
Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplement or otherwise nullify any other ordinances of the City or requirements thereof, whether or not relating to or in any manner connected with the subject written hereof, unless expressly provided otherwise herein or hereafter.
D.
Accessory Utility Facilities. 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 supplementary regulations in this section regarding the placement of accessory utility facilities on public or private property.
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 in conformance with this Section, and subject to reasonable permit conditions as may be necessary to meet the requirements of this Section. In considering individual or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety or significant sight-lines, or degrade the aesthetics of the adjoining properties or neighborhood. Any material expansions or extensions of new utility services 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. A filing 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 shall apply to all accessory utility facilities:
a.
All such facilities shall be placed underground, except as otherwise provided in subsection (3) herein.
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 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.
Any damage to landscaping, vegetation, sidewalks, or pavement on private or public property during installation, maintenance, or removal of facilities shall be promptly remedied by the facility owner within ten (10) days of any such damage.
e.
At least forty-eight (48) hours prior to any non-emergency repair requiring excavation, installation, replacement, or expansion of any facility located on private property, the facility owner shall provide notice to the property owner. Notice shall include a detailed description of work to be done, the exact location of work, the time and duration when it will be undertaken, the name and telephone number of the facility owner, and if applicable, the name and telephone number of the facility owner’s contractor.
f.
If there is an emergency necessitating response work or repair, the utility may begin that repair or emergency response work or take any action required under the circumstances, provided that the facility owner notifies the Development Services Director promptly after beginning the work and meets any permit or other requirement had there not been such an emergency.
g.
No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
h.
No facilities may be located within the required sight triangle of any driveway or intersection.
i.
All utility facilities not authorized by this subsection or specifically addressed elsewhere in this Code shall be authorized only by conditional use permit.
3.
Above Ground Facility Requirements. Accessory utility facilities may be installed above ground upon compliance with the following requirements:
a.
In commercial or residential zoning districts, above ground accessory utility facilities with a height of three and one-half (3.5) feet or greater or covering an area eight (8) square feet or greater must be screened. Such screen shall be required to sufficiently conceal the facility from the public right-of-way.
[Amendment 35 - Ordinance 2022-076, 10-24-2022]
b.
In all zoning districts, above ground accessory utility facilities with a height of five and one-half (5.5) feet or greater or covering an area twenty-five (25) square feet or greater must be screened. Such screen shall be required to sufficiently conceal the facility from the public right-of-way. When the subject facility is clustered with other accessory utility facilities, all facilities must be screened.
c.
Required screening for accessory utility facilities to be installed in conjunction with new development shall be shown on the site plan or landscape plan submitted by the developer.
d.
Required screening for accessory utility facilities to be installed or expanded in an existing development (i.e. where principal buildings already exist on the subject lot) shall be shown on a site plan submitted by the utility. The site plan may be approved by the Development Services Director in accordance with Section 470.160D.1. In addition to the requirements of Section 470.160C, the site plan shall include the type, height, color, and appearance of the proposed accessory utility facility, the size and species of landscaping materials to be used for screening, and the proposed means of access to the accessory utility facility. If the means of access is from an arterial or collector street, a driveway may be required by the Director of Public Works. The driveway shall be designed such that vehicles can turn around without backing onto the street.
e.
All above ground facilities shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the interior side yard. Such facilities shall not be located in the front yard, exterior side yard, or within the public right-of-way unless all other alternatives are not feasible.
f.
Landscaping materials used for screening shall meet the standards of applicable City Ordinances. Alternative screening or concealment, such as architectural treatment compatible with surrounding development, may be approved by the Development Services Director to the extent it meets or exceeds the purposes of these requirements. The Development Services Director shall be authorized to waive screening requirements when soil conditions or other site constraints prevent strict compliance with otherwise applicable screening standards.
4.
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.
§ 420.050 Accessory Uses and Structures.
A.
General. All accessory uses and structures must meet the following requirements:
[Amendment 8 – Ordinance 2011-9, 2-28-2011; Amendment 16 – Ordinance 2013-056, 8-26-2013; Amendment 21 – Ordinance 2015-005, 1-26-2015]
1.
Unless expressly prohibited, accessory uses and structures are permitted in any zoning district in connection with any allowable principal use;
2.
Accessory uses and structures must be located on the same lot as the principal building or principal use served, unless two (2) or more adjacent lots are held in common ownership and one (1) of the lots include a principal building;
3.
Except in the A district, accessory uses and structures are permitted only after the principal building is present or under construction;
4.
In the side yard area an accessory structure must meet the minimum front and side yard setback required for principal buildings within the applicable zoning district, as specified in the bulk and dimensional standards table for the district unless specifically exempted by the projections into required yards table in the bulk and dimensional standards section;
5.
In the rear yard area an accessory structure must provide a minimum side and rear yard setback of five (5) feet, except that if a detached garage or carport has a vehicular alley entrance, the setback of the structure from the alley shall not be less than twenty (20) feet;
6.
Detached accessory structures must be erected a minimum of five (5) feet from all principal buildings;
7.
No accessory structure may be constructed or erected within a recorded easement;
8.
The total gross floor area of all accessory structures in all districts except RE and RR shall not exceed eight percent (8%) of the lot coverage. In the RE and RR districts, the thirty percent (30%) maximum area of building coverage includes all accessory structures and there is no maximum size limit for an accessory structure. In all zoning districts, there is no limit on the number of accessory structures allowed.
9.
Except in the A, RE and RR districts, no accessory structure shall exceed the size of the principal building; and
10.
No accessory building or structure in a residential district except the RE and RR districts may exceed the height of the principal building.
B.
Outdoor Swimming Pools, Spas and Hot Tubs.
[Amendment 30 - Ordinance 2020-068, 11-23-2020]
1.
The standards of this section apply to pools, spas and hot tubs twenty-four (24) inches or greater in depth.
2.
Swimming pools, spas or hot tubs that are for the use of multi-family developments, subdivisions or homeowner’s associations must be enclosed by a wall or fence six (6) feet in height with locking gates.
3.
Swimming pools, spas and hot tubs in residential districts are intended for and must be used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.
4.
A swimming pool, spa or hot tub must be located at least five (5) feet from the property line, and may not be located in the required front yard or within any easement, provided that the pump and filter installations are located no closer than five (5) feet to any property line.
5.
Swimming pools, spas or hot tubs located on single-family or two-family properties shall be enclosed by a barrier at least four (4) feet above grade, measured on the side of the barrier which faces away from the swimming pool, spa or hot tub. The maximum vertical clearance between grade and the bottom of the barrier shall not exceed four (4) inches measured on the side of the barrier which faces away from the pool, spa or hot tub.
a.
If the barrier is a solid barrier, such as masonry or stone walls, the barrier shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
b.
If the barrier (fence) is made up of horizontal and vertical members and the distance between the tops of the horizontal members is less than thirty-six (36) inches, the spacing of the vertical members shall not exceed one and three-fourths (1 3/4) inches. If the barrier is made up of horizontal and vertical members and the distance between the tops of the horizontal members is more than thirty-six (36) inches, the spacing between the vertical members shall not exceed four (4) inches. Horizontal members shall be on the pool side of the fence.
c.
If the barrier is a chain link fence, the mesh size shall not exceed one and three-fourths (1 3/4) inches square.
d.
If the barrier is made up of diagonal members (lattice work), the maximum opening in the lattice shall not exceed one and three-fourths (1 3/4) inches.
e.
Where an above ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder to the pool or steps shall be capable of being secured, locked or removed to prevent access or the ladder or steps shall be surrounded by a barrier which meets the requirements of this Section as set forth above. When the ladder or steps are secured, locked or removed, any opening created shall not exceed four (4) inches.
6.
Gates in a barrier shall comply with Section 420.050B.5a-e above. Gates may open inwards towards the pool, or outward away from the pool, and shall be self-closing and have a self-latching device. The self-latching device shall be on the pool side of the barrier, and the release mechanism shall be located at least six (6) inches below the top of the gate, and the gate and barrier shall have no opening greater than one-half (1/2) inch within eighteen (18) inches of the release mechanism.
[Amendment 35 - Ordinance 2022-076, 10-24-2022]
7.
Spas or hot tubs with a locking, solid safety cover shall be exempt from the barrier requirements of this Section.
C.
Accessory Private Recreation Facilities. Private recreation facilities for multi-family developments, subdivisions or homeowner’s associations must meet the following requirements:
1.
Private recreational facilities include, but are not limited to the following: swimming pools, open game fields, golf courses, and facilities for basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting and locker rooms;
2.
Private facilities in accordance with this section will be restricted to use by the occupants of the residence and their guests or by members of the homeowner’s association and their guests;
3.
Private recreation facilities must not be located within thirty (30) feet of any street right-of-way or within ten (10) feet of any abutting property line;
4.
Activity areas must be fenced and screened from abutting properties;
5.
Dispensing of food and beverages on the premises is only permitted for the benefit of users of the recreation facility and not for the general public; and
6.
Off-street parking is required on the basis of one (1) parking space for each four thousand (4,000) square feet of area devoted to recreational use, with a minimum of four (4) spaces.
D.
Accessory Uses in Non-Agricultural and Non-Residential Districts. The following accessory uses are permitted in non-agricultural and non-residential districts:
[Amendment 8 – Ordinance 2011-9, 2-28-2011]
1.
Restaurants, drug stores, gift shops, swimming pools, tennis courts, clubs and lounges and newsstands when located in a permitted hotel, motel or office building;
2.
Employee restaurants and cafeterias when located in a permitted business or manufacturing or industrial building;
3.
Offices for permitted business and industrial uses when said office is located on the same site as the business or industry to which it is accessory;
4.
Services within retail stores, such as banking, personal services, or pet grooming where the service is clearly subordinate and incidental to the principal use;
5.
Banking machines, vending machines, drop-off boxes and other similar features not interfering with traffic circulation;
6.
Retail sales for permitted industrial uses when located on the same site as the industrial use;
7.
The storage of retail merchandise when located within the same building as the principal retail business; and
8.
Vending machines for movie rentals located on a sidewalk adjacent to the exterior of a building. The sidewalk location being utilized shall not be adjacent to a drive aisle or fire lane, and an area on the sidewalk at least 36” wide shall be provided between the machine and the edge of the sidewalk.
E.
Accessory Dwelling.
[Amendment 18 – Ordinance 2014-006, 2-10-2014; Amendment 27 - Ordinance 2018-041, 6-11-2018]
1.
In the A and RE zoning districts, the following standards apply:
a.
There shall be only one (1) accessory dwelling unit per lot.
b.
An accessory dwelling unit may be located within a principal building or a detached building.
c.
An accessory dwelling unit shall not exceed the total square footage of the principal building.
d.
An accessory dwelling unit shall comply with all requirements of the International One and Two-Family Dwelling Code adopted by the City.
e.
The accessory dwelling unit shall comply with all development standards for the applicable zoning district in which it is located.
f.
Either the principal building or the accessory dwelling unit shall be occupied by the property owner at any time the accessory dwelling unit is occupied.
g.
Before a Certificate of Occupancy can be issued for the accessory dwelling unit, the property owner must sign a deed restriction for the benefit of the City stating that they will maintain occupancy of either the principal building or the accessory dwelling unit. Such deed restriction shall be recorded with the Cass County Recorder of Deeds.
h.
A clearly marked and accessible connection shall be provided from an existing driveway or sidewalk located on the lot to the entrance of the accessory dwelling unit. Such route shall be accessible to emergency personnel at all times.
i.
The property owner shall make adequate provisions for potable water supply and sanitary sewage disposal for the accessory dwelling unit. The accessory dwelling unit may be served by connecting to the existing services to the principal building, if adequate capacity and service is available in accordance with City Code, or by the installation of new service lines.
2.
In the RR, R-1A, R-1, and R-1.5 zoning districts, the following standards apply:
a.
There shall be only one (1) accessory dwelling unit per lot.
b.
An accessory dwelling may be located within a principal building or a detached building.
c.
An accessory dwelling unit shall be limited to sixty percent (60%) of the total square footage of the principal building, but shall not exceed one thousand (1,000) square feet.
d.
An accessory dwelling unit shall not exceed the height of the principal building.
e.
An accessory dwelling unit shall comply with all requirements of the International One and Two-Family Dwelling Code adopted by the City.
f.
The accessory dwelling unit shall comply with all development standards for the applicable zoning district in which it is located.
g.
Either the principal building or the accessory dwelling unit shall be occupied by the property owner at any time the accessory dwelling unit is occupied.
h.
Before a Certificate of Occupancy can be issued for the accessory dwelling unit, the property owner must sign a deed restriction for the benefit of the City stating that they will maintain occupancy of either the principal building or the accessory dwelling unit. Such deed restriction shall be recorded with the Cass County Recorder of Deeds.
i.
A paved connection of at least four (4) feet in width shall be provided from an existing sidewalk or driveway located in the front yard of the principal building to the entrance of the accessory dwelling unit.
j.
Accessory dwelling units, when located within a fenced-in area, shall maintain a gated access of at least four (4) feet in width for the paved connection.
k.
The entrance to the attached accessory dwelling unit shall be subordinate to that of the principal building and be located only in the side or rear yard of the property.
l.
The property owner shall make adequate provisions for potable water supply and sanitary sewage disposal for the accessory dwelling unit. The accessory dwelling unit may be served by connecting to the existing services to the principal building, if adequate capacity and service is available in accordance with City Code, or by the installation of new service lines.
§ 420.060 Temporary Uses.
A.
Temporary Outdoor Sales Events. Temporary outdoor sales events are permitted in business, commercial and industrial districts subject to the following:
[Amendment 6 – Ordinance 2010-50, 6-14-2010]
B.
Seasonal Outdoor Sales Events. Seasonal outdoor sales events are permitted in agricultural, business, commercial, industrial or parks, recreation and public use districts subject to the following:
[Amendment 6 – Ordinance 2010-50, 6-14-2010; Amendment 15 – Ordinance 2013-010, 2-11-2013]
1.
2.
Seasonal outdoor sales events shall not occur within required parking spaces. Events held within a parking lot area may only occur on those properties having an excess of parking spaces, and the sales area may only utilize the excess parking area.
3.
Any signs utilized for the seasonal outdoor sales event shall comply with Chapter 435 and the following restrictions:
a.
If a temporary building is utilized up to three (3) wall signs are permitted on the building.
b.
Only one (1) temporary event sign is permitted for the business. The temporary event sign shall not be placed or located to be visible for display or advertising when the business is not open.
c.
The temporary event sign is not limited to the thirty-day time limitation placed on temporary signs.
4.
Unless otherwise restricted by City Code, the maximum duration for a sales event shall be as set forth below:
5.
Large retail sales uses are not limited in the length of time for a seasonal outdoor sales event.
6.
If the seasonal outdoor sales event ceases to be open for longer than seven (7) consecutive days, then the event shall cease and all remnants of the event shall be removed from the premises.
7.
No recreational vehicle, trailer, or similar vehicle shall be utilized, stored, or parked as part of the seasonal outdoor sales event. A temporary building or structure such as a shed, canopy or tent may be utilized.
8.
There shall be no commercial trash receptacles placed at or near the seasonal outdoor sales event. One (1) residential receptacle may be placed at or near the event location.
9.
No portable toilet facility shall be placed at or near the seasonal outdoor sales event location.
10.
No storage containers, crates, boxes, or similar containers for products to be sold or displayed shall be placed or stored at or near the seasonal outdoor sales event location.
11.
Any water or electrical connections that are made shall be inspected and must be approved by the Building Official prior to commencing business.
12.
Written authorization of the property owner to conduct the seasonal outdoor sales event on the property shall be obtained and shall be submitted to the City prior to commencement of the sales event.
C.
Outdoor Events. Outdoor events may be conducted in any business, commercial, industrial or parks, recreation and public use district that permits public assembly or on any lot occupied by a public or business use, subject to the following requirements:
[Amendment 6 – Ordinance 2010-50, 6-14-2010; Amendment 15 – Ordinance 2013–010, 2-11-2013]
1.
Outdoor events are limited to seven (7) days per business per calendar year. The owner or operator is required to keep a record of days of operation, and make the record available upon request of the Development Services Director.
a.
A City recognized farmer’s market is not limited to seven (7) days per calendar year.
2.
The event may not involve the construction of a permanent structure.
3.
Signs may be provided, subject to the sign regulations of the zoning district in which the use is located.
4.
All event-related activities must be located outside of the public right-of-way.
5.
Written permission of the owner of the property upon which the outdoor event is to be located.
6.
Application shall be made to the Development Services Director. Approval of the application is required prior to conducting the event.
D.
Contractors’ Offices.
1.
Portable trailers, portable offices and equipment trailers utilized by a contractor on a construction project are permitted during construction.
2.
All trailers, offices and equipment must be removed from the property prior to the issuance of a certificate of occupancy for the building.
3.
No trailer, office or equipment may be located or stored in any right-of-way or sight triangle area as described in Section 440.040.
4.
No trailer, office or equipment may be located, parked or stored on any property unless a building permit has been issued for the property.
E.
Real Estate Offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) accessory to a housing development are permitted in any district. These structures are limited to a time period that does not exceed the duration of active sales or leasing of dwelling units in the development.
F.
Carnivals and Circuses. A carnival or circus is permitted in A, C, BP, PR, or M-1 Districts and then only for a period that does not exceed three (3) weeks. The use need not comply with the front yard requirements of thisCode provided that no structures or equipment be located within the right-of-way or required sight triangle in accordance with Section 440.040. The use shall comply with all requirements of Chapter 615: Public Amusements of the Raymore City Code.
[Amendment 6 – Ordinance 2010-50, 6-14-2010; Amendment 16 – Ordinance 2013-056, 8-26-2013]
G.
Garage Sales. A garage sale may be held twice within any ninety-day time period. Each sale event is limited to three (3) days. No garage sale shall be conducted within any public right-of-way. Temporary use permits and application to the Development Services Director are not required.
H.
Personal Home Storage, Shipping or Construction Units.
1.
Personal home storage units and containers may not be located on any lot for more than forty-five (45) days in any twelve-month period.
2.
All home storage units and containers must be located on paved off-street surfaces.
3.
No such unit shall block any sidewalk, right-of-way, or be located in any sight triangle as described in Section 440.040.
4.
Doors must be secured at all times except during loading and unloading.
I.
Temporary Trash Receptacles (Dumpsters).
[Amendment 6 – Ordinance 2010-50, 6-14-2010]
1.
Temporary trash receptacles may not be located on any lot for more than forty-five (45) days in any twelve-month period. Exception is for a building site with active building construction.
2.
Trash receptacles may not be located in the street right-of-way or required sight triangle.
3.
Trash receptacles must be located on the property from which the rubbish or materials are generated.
4.
Any rubbish or materials intended to be placed in the trash receptacle that remain around the receptacle area shall be collected and placed inside the trash receptacle.
5.
The trash receptacle shall be removed from the property when full.
6.
Trash receptacles shall be placed at least five (5) feet from any property line.
J.
Mobile Vendors. Mobile vendors are permitted in agricultural, business, commercial, industrial or parks, recreation and public use districts subject to the following:
[Amendment 15 – Ordinance 2013–010, 2-11-2013]
1.
Mobile vendors shall obtain a City occupational license prior to opening. The following information must be submitted with the application:
a.
Mobile vendors selling food or beverages shall submit a copy of the food permit from the Cass County Health Department.
b.
Written permission of the owner of the property upon which the mobile vendor is located.
c.
Any additional information required by the City Clerk to obtain an occupational license.
2.
A mobile vendor cart, truck or similar vehicle used by the vendor shall not be placed or parked in a location that would:
3.
Except as to groups of common vendors within carnivals and circuses as regulated by Section 420.060F, a mobile vendor shall not remain overnight on the same property where the sales occur. The cart, truck or similar vehicle can be brought to the same property on consecutive days.
4.
Except as to groups of common vendors within carnivals and circuses as regulated by Section 420.060F, a mobile vendor shall not be stored outdoors on a property when not open for business.
5.
One temporary event sign is permitted for the mobile vendor. The sign shall not be placed or located to be visible for display or advertising when the business is not open.
§ 420.070 Renewable Energy Systems.
[Amendment 3 – Ordinance 29092, 9-14-2009; Amendment 26 - Ordinance 2018-008, 1-22-2018]
A.
Building Permits. Systems shall be in compliance with the standards set by the International Building Code and International Residential Code. Building permits are required for all systems.
B.
Conformance to Applicable Rules and Regulations.
1.
Systems shall be in compliance with any applicable federal regulations and Section 386.890 of the Revised Statutes of Missouri, which mandates compliance with all applicable safety, performance, interconnection, and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, and the Federal Energy Regulatory Commission.
2.
No building permits shall be issued for a system until a copy of the utility company’s approval for interconnection of a customer-owned generator has been provided. Off-grid systems shall be exempt from this requirement.
C.
Conditional Use Permits. A request to install a system that is not in conformance with the standards of this section may be filed as a Conditional Use Permit in accordance with Section 470.030.
D.
Standards of General Applicability.
1.
Systems shall not be used as signs or used to support signage. Exceptions include appropriate warning signage and reasonable identification of the manufacturer, installer, or operator.
2.
Systems shall not be lighted or have affixed any lights, reflectors, flashers, or any other illumination except where required by federal regulations.
3.
Systems shall be a neutral, non-reflective color designed to blend with the surrounding environment.
E.
Exemptions. Except as specifically required elsewhere in this section, systems are exempt from the mechanical screening requirements of Section 430.120.
F.
Abandonment. Any system that is out of service for a continuous period of twelve (12) months will be considered abandoned. The owner of such system must remove it within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such system is not removed within ninety (90) days, the City may remove such system at the owner’s expense.
G.
Large Wind Energy Conversion Systems. Large wind energy conversion systems must be approved in accordance with the conditional use permit procedure in Section 470.030. Conditional Use Permit applications for large wind energy conversion systems shall be accompanied by the following technical studies demonstrating compliance with the following minimum standards:
1.
A shadow flicker analysis demonstrating that the proposed system is sited to minimize impact on all occupied structures. The analysis shall identify the locations of shadow flicker that may be caused by the system and the expected duration of the shadow flicker over the course of a year. The analysis shall be conducted by a qualified engineer or other qualified professional approved by the Planning and Zoning Commission and shall take into account site-specific topography.
2.
A noise study from a qualified professional demonstrating that the system shall not produce noise in excess of sixty (60) decibels or ten (10) decibels above ambient noise levels as measured from the property line under normal operating conditions. The study shall be conducted by an acoustical engineer or other qualified professional as approved by the Planning and Zoning Commission and shall be in compliance with IEC 61400-11 Acoustic Noise Measurement Techniques for Wind Turbines.
3.
A study evaluating potential adverse impacts on avian or bat species and their critical habitats and potential mitigation measures that could be taken to minimize any such impacts. The study shall be conducted by an environmental professional with ornithological and bat ecology expertise or other qualified professional approved by the Planning and Zoning Commission.
H.
Small Wind Energy Conversion Systems. Small wind energy conversion systems shall be a permitted accessory use in all districts subject to compliance with the following requirements:
1.
One small wind energy conversion system shall be permitted per lot.
2.
The following size and height standards apply to small wind energy conversion systems in all districts:
Lot Size | Maximum Rotor Diameter | Maximum Height |
|---|---|---|
≤ 1 acre | 6 feet | 50 feet or maximum height allowed by zoning, whichever is greater |
1 – 10 acres | 12 feet | 80 feet |
≥ 10 acres | 20 feet | 100 feet |
3.
The height of a system shall be defined as the distance between the base of the tower and the highest point of the wind energy conversion system. For a horizontal axis wind turbine, the highest point shall be the highest vertical point of the swept rotor arc.
4.
Systems shall maintain a minimum setback from all lot lines in accordance with the following:
Rotor Diameter | Minimum Setback |
|---|---|
≤ 6 feet | Equal to that required for the principal structure |
6 – 12 feet | 1.1 times the height of the system |
≥ 12 feet | 1.5 times the height of the system |
5.
The minimum distance between the ground and any rotor shall be fifteen (15) feet.
6.
On properties under ten (10) acres, commercial properties, and properties zoned PR, systems must be on a monopole tower or roof-mounted. Lattice, guyed, or tilt-up towers are only permitted on lots over ten (10) acres in agricultural, residential or industrial zoning districts.
7.
The first twelve (12) feet of the tower shall be unclimbable by design or the tower shall be enclosed by a six-foot high, unclimbable fence with a self-locking gate. This provision does not apply to roof-mounted systems.
8.
Guy cables must be visibly marked from the anchor points to a height of six (6) feet from the ground. Guy cables must be located at least thirty (30) feet from the nearest property line.
9.
Systems must be equipped with both manual and automatic overspeed controls to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
10.
Systems shall not emit noise that exceeds fifty-five (55) decibels or ten (10) decibels above ambient noise levels as measured from the property line under normal operating conditions.
11.
Meteorological towers shall be permitted under the same standards and permit requirements as small wind energy conversion systems. Meteorological towers and small wind energy conversion systems may be considered under a single conditional or special use permit application.
I.
Solar Energy Systems. Solar energy systems shall be a permitted accessory use in all districts subject to compliance with the following requirements:
[Amendment 26 - Ordinance 2018-008, 1-22-2018]
1.
Roof Mounted and Wall Mounted Solar Energy Systems:
a.
Roof-mounted and wall-mounted Solar Energy Systems may be mounted or located on a principal or accessory building.
b.
Roof-mounted systems located on front building roofs shall not project more than twenty-four (24) inches perpendicular to the point on the roof where it is mounted.
c.
Roof-mounted systems shall not project more than four (4) feet above the ridge of a gable or gambrel roof.
d.
The total height of any building equipped with a Solar Energy System shall not exceed more than twenty-four (24) inches above the maximum building height specified for principal or accessory buildings within the applicable underlying zoning district.
e.
Applications for roof and wall-mounted Solar Energy Systems shall be accompanied by evidence and information regarding the strength of the structure in which the system will be attached.
f.
Construction, modification, and/or reinforcement of the structure in which the system will be attached must be in compliance with all applicable codes.
g.
Roof-mounted Solar Energy Systems shall be accompanied by appropriate safety and warning signage.
2.
Ground Mounted and Wall Mounted Solar Energy Systems:
a.
In the front and side yard area, ground-mounted Solar Energy Systems must meet the minimum front and side yard setback for principal buildings within the underlying zoning district.
b.
In the rear yard, ground-mounted Solar Energy Systems must provide a minimum side and rear setback of five (5) feet.
c.
Ground-mounted Solar Energy Systems are prohibited from encroaching into any approved utility easement or right-of-way, or, being placed within any stormwater management system.
d.
Freestanding ground-mounted Solar Energy Systems shall not exceed the maximum allowable building height within the applicable underlying zoning district.
e.
Total coverage of a lot within a ground-mounted Solar Energy System shall not exceed fifty percent (50%) of the lot, or the maximum allowable lot coverage for the underlying zoning district, whichever is less.
f.
The area beneath the ground-mounted Solar Energy System is considered pervious. However, any use of impervious construction materials for the purposes of a foundation system is subject to the requirements found in Section 430.020A.
g.
Ground-mounted Solar Energy Systems shall be accompanied by appropriate safety and warning signage, and shall be safely secured to prevent unauthorized access or entry.