Purpose. The purpose of creating an Overlay District (OD) is to set and coordinate special development standards to a specific area that has unique value to the City and its residents, such as a business district or transportation corridor, and that are designed to provide a distinctive character and atmosphere to the designated area. Overlay Districts are appropriate instruments to implement the long-term goals and objectives of the adopted Comprehensive Plan and are primarily intended to be used when special circumstances justify the modification of base or existing zoning district regulations to achieve those specific design objectives that do not coincide with base zoning districts.

Establishment And Designation.

Relationship Of Overlay Districts To Zoning Map. Overlay Districts are adopted in the same manner as any other zoning amendment. When an Overlay District and its associated regulations are adopted, the Zoning Map shall be amended to establish the boundaries for the Overlay District.

Adopted Overlay Districts.

Home occupations may only be performed by the owner or a tenant of the dwelling unit within which the home occupation is being performed;

The total number of employees and clients on-site at one (1) time in a dwelling unit may not exceed the occupancy limit for the dwelling unit;

The use of a dwelling unit for a home occupation shall not cause a substantial increase in traffic in the area of the dwelling unit;

The activities of the home occupation shall not be visible from any adjoining street or property;

In no way shall the appearance of the structure of the residence be altered or constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises, vibrations;

No storage or display of materials, goods, supplies, or equipment related to the performance of a home occupation shall be visible from the outside of any structure located on the premises of the dwelling unit;

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited;

All customer parking must be located so as to not negatively impact other properties and all home occupations must comply with parking regulations applicable to residential areas, including, but not limited to, Chapter 365 of the Municipal Code of the City of Warrenton;

The performance of any home occupation, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking;

Solid waste must not be stored or otherwise maintained on the property;

No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electricity) so that the combined use for the residence and the home occupation exceeds the average for residences in the neighborhood;

Home occupations shall comply with State and Federal laws including paying applicable taxes; and

The business activity performed by the owner or tenant of the dwelling unit shall be compliant with all State and Federal laws and ordinances of the City.

Siting. No medical marijuana facility or marijuana facility, including any off-site warehouses (collectively referred to as "facility" or "facilities" for purposes of this Section 405.215) shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or church.

Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment associated with any facility shall be within fully enclosed building. No outdoor operations or storage shall be permitted.

On-Site Use Prohibited. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any facility, including the parking lot.

Hours Of Operation. Only persons who are employed by the facility, or its agents, employees, officers, or directors, shall be on the premises between the hours of 10:00 P.M. and 8:00 A.M., and no sales or distribution of marijuana, marijuana-infused products, or any other product sold at the facility shall occur upon the premises or by delivery between the hours of 10:00 P.M. and 8:00 A.M.

Display Of License Required. The facility license, as applicable, issued by DHSS shall be displayed in an open and conspicuous place on the premises and any and all licenses issued by the City, if applicable, shall be displayed in an open and conspicuous place on the premises.

Ventilation Required. All facilities shall include an odor control plan at least as stringent as that required by State regulations. Medical marijuana cultivation facilities, medical marijuana-infused products manufacturing facilities, marijuana testing facilities, comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, and microbusiness wholesale facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility.

Residential Dwelling Units Prohibited. No facility shall be located in a building that contains a residence.

Site Plan Review. A site plan meeting the requirements of Section 405.390 shall be submitted for review and approval prior to the commencement of operations at any facility. In addition to the Section 405.390 requirements, a drawing of the interior layout, security plan, and a description of the ventilation system to be used to contain odors within the building, if required, must be submitted.

No junk yard shall conduct business within the City unless said junk yard is screened from public streets and highways by a tight wood or vinyl fence, the material of which is in reasonably good appearance, not less than ten (10) feet high or of sufficient height to screen the junk yard kept within from view of persons using the public streets and highways within the City on foot or vehicle in the ordinary manner. Such screen fence shall be kept in good repair at all times and shall be painted if necessary to make said fence of reasonably good appearance.

Any junk yard shall be located not less than two hundred (200) feet from any residential district boundary.

A manufactured and/or mobile home park shall be located on a tract of land not less than five (5) acres in area, with minimum width and depth dimensions of two hundred (200) feet.

Approved screen plantings of trees and/or large shrubs will be required along lot lines to all adjoining residential lots and/or buildings.

Not more than one (1) installation shall be permitted per lot and none shall be installed on a lot already having a dwelling.

Minimum lot size and minimum yard dimensions. The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the manufactured and/or mobile home park is located.

Maximum height of buildings. No building or structure within the manufactured and/or mobile home park shall exceed a height of twenty-five (25) feet.

Off-street parking and accessways. There shall be provided, within the boundaries of the manufactured and/or mobile home park site, not less than one (1) off-street parking space for each manufactured and/or mobile home space.

Such off-premises parking areas will require execution of a written agreement between the parties.

Pedestrian access to such space shall be located within a distance of three hundred (300) feet by the shortest route of effective pedestrian movement.

Such space shall be usable without causing unreasonable traffic congestion, detriment to any residential neighborhood, or hazard to pedestrians or vehicular traffic.

For the purpose of computing required off-street standing or parking or loading space, the gross floor area shall be used.

In calculating the required parking for any given building or site, parking provisions shall be made for each use separately except as otherwise provided in Subsection (E). When the application of parking or loading requirements would result in a fractional space, any such fraction shall be counted as one (1) space.

To translate gross parking area into parking spaces, a factor of three hundred fifty (350) square feet per gross automobile parking space shall be applied.

In calculating any required parking area, other than for detached or attached single-family dwellings, sufficient access and maneuver space shall be provided to permit the parking and removal of any vehicle without moving other vehicles.

Space allocated for any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof.

If there is any uncertainty with respect to the amount of parking space required by the provisions of this Chapter as a result of any indefiniteness as to the proposed use of a building or of land, the maximum requirement for the general type of use that is involved shall govern.

The total amount of parking space required for a given lot or parcel may be reduced by site plan review.

In any development where a mixture of residential uses and office or retail uses is permitted, the combined total number of parking spaces required for such combination of uses may be reduced up to twenty percent (20%) where same is justified to the satisfaction of the City by the parking analysis submitted by a competent traffic engineer or planner.

Nursery Schools And Day Care Centers, Public Or Private: One (1) parking space for each staff member or employee plus convenient and safe opportunities for the pickup and discharge of children from autos or buses; ten (10) spaces minimum.

Schools (Except High School): One (1) parking space for each three (3) seats in the auditorium or main assembly room, or four (4) spaces for each classroom, whichever is greater. Parking space requirements shall be calculated on the maximum capacity of the facility.

High School: One (1) parking space for each three (3) students based on the maximum student capacity of the facility.

Business, Commercial Or Trade School, Including Secretarial Or Beautician School: One (1) parking space for each three (3) students based on the maximum student capacity of the facility.

Community Center, Church, Temple Or Place Of Assembly: One (1) parking space for each four (4) seats in the auditorium or general assembly room.

Private Club: One (1) parking space per two hundred (200) square feet of gross floor area.

Public Library, Museum Or Art Gallery: Ten (10) spaces per building plus one (1) additional space for each three hundred (300) square feet of floor area in excess of one thousand (1,000) square feet.

General Residential Occupancy. Single-family attached dwellings and single-family detached dwellings shall have two (2) parking spaces per dwelling unit.

Multi-Family Dwellings: Two (2) parking spaces per dwelling unit.

Housing Designed Especially For And Occupied Exclusively By The Elderly (Over Sixty (60) Years Of Age) Or By The Severely Disabled: One (1) parking space per four (4) dwelling units plus one (1) guest parking space for each ten (10) units.

Hotel Or Motel: One (1) parking space for each sleeping room, plus one (1) parking space for each two (2) employees, plus additional spaces as required herein for affiliated uses (i.e., restaurants).

Automobile Service Station: Two (2) parking spaces for each service bay or wash rack plus one (1) parking space for each employee, based upon the normal peak employment of the facility but not less than two (2) parking spaces.

Car Wash: Five (5) standing spaces for each stall or wash rack in a self-service establishment.

Drive-In Banking And Similar "Drive-In Service" Establishment: Five (5) standing spaces for each teller or customer window.

New Automobile Sales: One (1) parking space for each four hundred (400) square feet of enclosed floor area plus one (1) parking space for three thousand (3,000) square feet of open lot area devoted to the sale or display of motor vehicles.

Restaurant, Tavern Or Cocktail Lounge: One (1) parking space for each one hundred (100) square feet of floor area. Ten (10) spaces minimum.

Restaurant, Drive-In: One (1) space per seventy-five (75) square feet of floor area, ten (10) spaces minimum.

Retail Store, Personal Service Establishment Or Any Other Commercial Use (Except Amusement Or Recreation) Not Otherwise Provided Herein: One (1) parking space for each two hundred fifty (250) square feet for buildings < 49,999 square feet, or one (1) parking space for each three hundred fifty (350) square feet for buildings > 50,000 square feet.

Bowling Alley: Six (6) parking spaces for each alley. In the event that a restaurant, nightclub, cafe, bar, tavern, eating place or cocktail lounge is operated as part of or in conjunction with a bowling alley, additional parking areas shall be provided as required herein for such restaurant, nightclub, cafe, bar, tavern, eating place or cocktail lounge.

Theatre Or Auditorium (Except School): One (1) parking space for each four (4) seats, bench seating spaces or other seating space.

Amusement, Recreation Or Exhibition Hall Without Fixed Seats: One (1) per one hundred (100) square feet of gross floor area, twenty-five (25) spaces minimum. Does not include accessory uses.

Office Usage, Other Than Medical Offices: One (1) parking space for each two hundred fifty (250) square feet of floor area.

Medical Offices: One (1) parking space per one hundred fifty (150) square feet of gross floor area.

Dispatch General Service And Repair Establishment Where Work Is Performed Away From The Premises And No Overnight Parking Is Required: One (1) parking space per each employee on the premises plus two (2) visitor spaces.

Animal Hospital: One (1) parking space per four hundred (400) square feet of floor area; ten (10) spaces minimum.

Manufacturing Or Industrial Establishment, Research Or Testing Laboratory, Creamery, Bottling Plant, Warehouse Or Similar Establishment Or Any Other Industrial Use Not Specifically Provided For Herein: One (1) parking space for every two (2) employees working on the two (2) principal shifts at the maximum employment capacity together with a parking space to accommodate each truck or other vehicle used in conjunction with the operation of the business plus ten (10) parking spaces for customer parking.

Health Club Facility: One (1) parking space per three (3) members/patrons based on the occupancy load established by local fire, building and health codes, whichever is greater, plus one (1) space per employee on the largest working shift. The parking may be reduced up to twenty percent (20%) when the Planning and Zoning Commission is satisfied that an adequate parking study has been conducted and when the results of such study indicate that such a reduction would be warranted.

Tennis Court Facility: Four (4) spaces per court.

All owners of parking facilities consisting of at least eleven (11) contiguous parking spaces shall designate a minimum number of handicapped parking spaces according to the following schedule:

The location of handicapped parking spaces for both existing and future parking lots shall be determined by the Planning and Zoning Commission.

Standards in excess of the minimum standards provided above may be imposed by the Planning and Zoning Commission during the site plan review process. In the event the Commission finds the above standards to be insufficient to meet an identified need for a particular type pending or future development project the commission may impose a higher parking ratio standard to meet such a need.

Owners of existing parking facilities are required to designate a sufficient number of handicapped parking spaces on or before December 31, 1987. No site plan for any new parking facility shall be approved unless it is in compliance with this Chapter.

Use Or Category: Retail store, department store, restaurant, wholesale house, warehouse, general service, manufacturing or industrial establishment.

Use Or Category: Apartment building, motel, hotel, office or office building, hospital or similar institutions or places of public assembly.

Use Or Category: Funeral home or mortuary.

Where a building is used for more than one (1) use, and where floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required.

A residential driveway may be extended m accordance with the following conditions:

Detached Accessory Buildings And Structures.

Residentially Zoned And Used Property. On any lot that is zoned or used for residential purposes, shipping containers, whether in their original designed and manufactured or modified state, shall not be used as, or integrated into the exterior visible portion of, an accessory building or structure. However, this regulation does not prevent the temporary use of shipping containers for a limited time, not to exceed ten (10) days, for the purpose of moving into or out of a residential structure.

Public, semi-public or public service buildings, hospitals, institutions, schools and churches, when permitted in a district, may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is being built.

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, tanks, water towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinances of the City.

Accessory use or building, including a private garage, customarily incident to the above uses, but not involving the conduct of a business. Any accessory building that is not a part of the main structure shall be located in the rear yard not less than ten (10) feet from any portion of the main building not less than five (5) feet from any lot line.

To provide greenery to visually soften paved areas and buildings.

To establish healthy environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, stormwater runoff retardation and noise, glare and heat abatement.

To ensure that the local stock of native trees is replenished, plant material shall generally be native or hardy to this region.

To buffer uncomplimentary land uses and to enhance the quality and appearance over the entire site of the project.

Landscaping consisting of trees, shrubs, ground cover and screening (where applicable) shall be required for new construction or expansion of existing uses.

Hereafter, all plans submitted in support of a site plan or building permit shall include a landscape plan.

Exception. All single-family unit developments shall be exempt from this requirement. However, this exemption shall not exempt certain uses for which screening is required.

North point and scale.

Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.

The location, size and surface of materials of all structures and parking areas.

The location, size and type of all above ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation.

The approximate location, type, size and quantity of all proposed landscape materials with the names of all plant species. The size, grading and condition shall be specified according to American Association of Nurserymen standards.

The location, size and common name of all existing plant materials to be retained on the site. Large masses of trees may be indicated by mass outline only.

Mature sizes of plant material shall be drawn to scale and called out on plan by common name or appropriate key.

Location of hose connections and other water sources.

The location of all existing trees twelve (12) inch caliper or larger measured at four and one-half (4½) feet above ground level on sites that are proposed for removal.

The location, size and type of required screening methods.

All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs and shall be maintained by the property owner.

Trees in front yards shall be planted at a ratio of at least one (1) two and one-half (2½) caliper shade tree for every forty (40) feet of street frontage. Clustering of trees and shrubs is encouraged, as opposed to even spacing of trees.

Parking lots shall be landscaped with at least one (1) two and one-half (2½) caliper shade tree for every seven (7) parking spaces. These trees shall be planted in a landscaped planting area with dimensions of at least ten (10) feet by ten (10) feet. The spacing of these trees shall be determined during the site plan review process and shall be arranged to maximize the amount of shaded areas within parking lots.

Building foundations shall be landscaped at a ratio of at least one (1) shrub or tree for every ten (10) feet of exterior wall. Clustering of these plantings is also encouraged.

Each site shall be required to install a permanent irrigation system in front yards.

Application. All plans submitted in support of a site plan approval, building permit or conditional use permit shall include a detailed drawing of applicable screening methods. Such drawing may be included as part of the landscape plan.

Trash bin screening. All multi-family residential projects, manufactured and/or mobile home parks and all commercial, office and industrial projects shall include on the landscape plan a detailed drawing of enclosure and screening methods to be used in connection with trash bins on the property. No trash bin shall be visible from off the property and a permanent screen fence or wall enclosure shall be provided for each such bin. Such permanent screen fence shall be a minimum of six (6) feet high, three (3) sided, completely enclosed and shall not be chain link.

Special subdivision buffer treatment along major streets. When a subdivision abuts or contains an existing or proposed parkway, thoroughfare or collector street, the Planning and Zoning Commission may require marginal access streets, reverse frontage with screen planting contained in a twenty (20) foot wide non-access reservation along the rear property line, or such other treatment as might be necessary for adequate protection of residential properties, to afford separation of through and local traffic and to retain the traffic carrying capacity of the thoroughfare or collector streets. All such improvements shall be subject to the approval of the City Engineer and the Board of Aldermen.

Parking lot screening rear and side yards. Any off-street parking area providing space for five (5) or more vehicles shall be effectively screened on any side or rear yard, which abuts a residential lot, by a planting screen. Such screening shall not be required where it already exists on the abutting property or where view of said parking lot from the residential lot is effectively screened by a change in grade, placement of buildings or other method.

Screening standards. A screen shall consist of a wall, berm, fence or plantings or any combination of the following types listed below:

When a screen is required, the Planning and Zoning Commission and/or Board of Aldermen may require a wall screen, fence, earth berm, planting screen or any combination thereof. A wall screen, fence, earth berm, planting screen or a combination thereof may be required after two (2) growing seasons following installation if a planting screen has not formed an opaque screen.

Landscaping requirements in screened areas. The intent of this Section is to achieve an aesthetic screen area.

Landscaping in place prior to occupancy permit. All landscape material, living and non-living, shall be healthy and in place prior to issuance of final occupancy permit. A temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.

Buffer strips. Landscaped buffer strips of at least ten (10) feet wide shall be provided along the perimeter of a commercial site where said site is adjacent to a residential area. Said buffer strip may be provided within the commercial subdivision tract or on the adjacent residential property. The Planning and Zoning Commission and the Board of Aldermen may require provision of a fence, wall or screen if either determines such as necessary to protect adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the development should be shown on the final plat submitted for Board of Aldermen approval.

Trees. Trees shall be planted within designated buffer strips, green belts, pedestrian ways and other landscaped areas as designated on approved plans and plats provided they are planted so as not to interfere with pedestrian or vehicular traffic movement, stormwater conveyance, or construction and maintenance of utilities:

Where boundaries approximately follow streets, highways or alleys. District boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

Where boundaries approximately follow platted lot lines. District boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Where boundaries approximately follow City limits. District boundaries indicated as approximately following City limits shall be construed as following such City limits.

De-annexation. In the event of changes in City limits removing territory from the City, district boundaries shall be construed as moving with City limits.

Where boundaries follow railroad lines. District boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

Where boundaries follow stream beds or other bodies of water. District boundaries indicated as following centerlines of stream beds or other bodies of water shall be construed to follow such centerlines.

Encourage the location of towers, where necessary, in non-residential areas;

Encourage the joint use of new and existing telecommunication tower sites and other antenna structures;

Encourage telecommunication towers, other antenna structures, and antennas to be configured in a way that minimizes the adverse visual impact on the community;

Encourage users of communication towers, other antenna mounts, and antennas to configure them in a way that minimizes the adverse visual impact of those structures;

Enhance the ability of the City to ensure that wireless telecommunications services are provided to the community quickly, effectively, and efficiently.

Conform to Federal and State laws that allow certain antennas to be exempt from local regulations.

Antenna And Antenna Structure. An antenna and antenna structure, any portion of which is located within the City of Warrenton, shall be subject to this Chapter, except as otherwise provided herein.

Utility Poles. The provisions of this Chapter shall not apply to utility poles that are utilized for the support of electrical, telephone, cable television, or other similar cables and wires, are located on public rights-of-ways or easements for that purpose, and are a part of a system of such poles throughout the City of Warrenton.

Amateur Radio, Receive-Only Antenna. The requirements of Section 405.280 shall not govern any telecommunications tower or the installation of any antenna that is:

Pre-Existing Communication Tower, Other Antenna Structure, And Antenna. A pre-existing communication tower, other pre-existing antenna structure, and pre-existing antenna shall not be required to meet the requirements of this Section except upon expiration of an existing conditional use permit.

Principal Or Accessory Use. An antenna, a communication tower, or an antenna structure, and equipment accessory to the same, may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna, telecommunications tower or other antenna structure, and equipment accessory to the same on such lot.

Parcel Boundaries. For purposes of determining whether the installation of a telecommunication tower or antenna complies with development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

Non-Conforming Use. A tower or other antenna structure that is constructed or installed in accordance with the provisions of this Chapter, although an addition to the property, shall not be deemed to constitute the expansion of a non-conforming use or structure.

Federal Requirements.

Building Codes And Safety Standards.

Conditional Use Permit. A telecommunications tower shall be subject to a conditional use permit, in accordance with the following considerations:

Accessory Uses.

Exceptions. The Board of Aldermen may reduce the requirements of this Section if the goals of this Section would be better served thereby.

The Planning and Zoning Commission may approve the replacement or alteration of an existing telecommunications tower under a current and valid conditional use permit if:

All other replacements or alterations of telecommunications towers shall require a conditional use permit.

New Towers. New towers require the submittal of the following items:

Existing Towers. The following items are required for existing telecommunication towers:

Collocations.

The Planning and Zoning Commission or Board of Aldermen may require additional technical studies deemed necessary to fully evaluate the application. Except when mutually agreeable to the applicant and the authority, total charges and fees shall not exceed five hundred dollars ($500.00) for a collocation application or one thousand five hundred dollars ($1,500.00) for an application for a new structure or for a substantial modification of a wireless support structure.

Where required by the Planning and Zoning Commission as essential to the evaluation of a proposed location, proposed mounting of an antenna shall be shown by an accurately-scaled photo simulation, from not less than three (3) viewpoints approved by the Planning and Zoning Commission.

A map of the City and the first half-mile of all bordering communities showing the design of the applicant's entire existing and proposed wireless telecommunications network. Such map shall, at a minimum, indicate the exact location of all proposed and existing tower and antenna sites, their dimensions, specifications, and signal area coverage. The application will not be evaluated based on the availability of other potential locations for the placement of wireless support structures or wireless facilities, including without limitation the option to collocate instead of construct a new wireless support structure or for substantial modifications of a support structure, or vice versa.

Color photo simulations from several different angles showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.

A structural integrity study completed and certified by a licensed professional engineer. The study, should include, at a minimum, the following items:

Tower owners shall provide documentation (i.e., a copy of the FCC Antenna Structure Registration and any other relevant documents) indicating that each telecommunications tower is in compliance with all Federal requirements. A statement declaring that the existing tower is still in compliance and will remain so after any proposed alterations or additions shall be submitted when the structure is altered or antenna(s) added.

A copy of an inspection report current within the last three (3) years.

Proof of general liability insurance for claims from injury or death and property damage in an amount approved by the City, but not less than two million dollars ($2,000,000.00) per occurrence for personal injury and two million dollars ($2,000,000.00) per occurrence for property damage.

The tower owner and/or landowner shall promptly notify the City within thirty (30) days by certified or registered mail of the sale, transfer, or assignment of any tower or telecommunications facility. Each collocation shall be conditioned upon the collocation obtaining the necessary approvals for the subject facility or site from the City prior to siting such facility.

Definitions And Usage — General. For the purposes of this Section, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number and vice versa, and masculine gender includes the feminine gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated or contrary to the context, terms, phrases, words, and abbreviations not defined herein shall be given the meaning set forth in Section 67.5110 through 67.5121, RSMo., and if not defined therein, the City Code, and, if not defined therein, their common and ordinary meaning. For further convenience, the first letter of terms, phrases, words, and abbreviations defined in this Section have been capitalized, but an inadvertent failure to capitalize such letter shall not affect its meaning, nor shall the inadvertent capitalization of the first letter of a term, phrase, word or abbreviation not defined herein affect the meaning thereof.

As used in this Section, the following terms shall have the meanings indicated:

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.

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.

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.

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.

A Small Wireless Facility must comply with reasonable, objective, and cost effective concealment or safety requirements determined by the City.

Subject to Subsection (D)(8) of this Section, 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, non-discriminatory, 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.

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.

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.

Nothing in this Section shall be interpreted to impose any new requirements on cable providers for the provision of such service.

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.

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.

Permit Requirements — Outside The Right-Of-Way.

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.

Fees And Rates. Each such Application shall be accompanied by payment of fees as designated in this Section.

Timing For Processing Of An Application.

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 Subsections (D)(1)(a) or (D)(2)(a) may be denied if the action proposed in the Application could reasonably be expected to:

Approval Of An Application.

No Application Required. No Application is required for:

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.

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.

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.

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.

Any Wireless Infrastructure Provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances.

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.

Indemnity.

Insurance. [NOTE: Per Section 67.5121.3, RSMo., the City may only impose insurance requirements on Wireless Providers if it also imposes similar insurance requirements on other similarly situated Right-of-Way users, and such insurance requirements are reasonable and non-discriminatory. If the City does not impose such insurance requirements on other Right-of-Way users, Subsection (F)(2) should not be adopted.]

Performance Bond. [NOTE: Per Section 67.5121.4, RSMo., the City may only impose bonding requirements on Wireless Providers if it also imposes similar bonding requirements in connection with permits issued for other similarly situated Right-of-Way users. If the City does not impose such bonding requirements on other Right-of-Way users, Subsection (F)(3) should not be adopted.]

Exemption.

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.

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.

Rights And Remedies.

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 therein verbatim.

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.

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.

Drawing. A plot plan drawing prepared by a registered professional engineer and/or surveyor showing all of the proposed improvements to the lot, including but not limited to the structure(s), driveways, sidewalks, decks, porches, cantilevers/overhangs and utilities. Additionally, the plot plan drawing shall show the proposed lot split, easements, and building/setback lines.

Deed Restrictions. This plat is approved by the City of Warrenton Ordinance # _____. Any structure rebuilt that requires a modification of the original building footprint(s) approved by such ordinance is prohibited unless approved by a new City ordinance. This property is subject to all City of Warrenton building codes and zoning ordinances.

Commencement Of Construction. Construction of any residence must begin within one hundred eighty (180) days of the approval of any conditional use permit, or the approval is void.

Recording/Final Survey. No document representing the subdivision of the lot shall be recorded unless it contains the signature of the Mayor acknowledging such compliance and approval. The approved resubdivided lot per the approved conditional use permit shall be recorded with the Warren County Recorder of Deeds, and a copy shall be provided to the City, prior to the issuance of the building permit. Prior to the issuance of an occupancy permit, a final sealed survey shall be provided to the City that contains the approved lot lines and improvements. Additionally, the survey shall contain an acknowledgement that the building and all improvements have been constructed per the plans submitted and approved with the lot specific conditional use permit and that the approved deed covenant and/or restrictions have been properly recorded.

Reestablishment Of Original Lot. No residence shall be allowed to be constructed on an approved subdivided lot unless it is constructed pursuant to the approved plans. The recorded resubdivided lot per the approved conditional use permit shall be prohibited from being reestablished to the original lot unless the reestablished lot meets all of the requirements of Chapter 410, Subdivision Requirements.

In order to promote deinstitutionalization and dispersal of group homes, no group home may be located within five hundred (500) feet of another group home, measured by the straight-line distance between the nearest points of the exterior walls (exclusive of overhangs) of the buildings within which the relevant facilities or uses are located; or

The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family residences shall apply equally to group homes.

In order to achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of group homes must register the facility with the Planning and Zoning Department on forms provided for that purpose and certify compliance with all applicable ordinances of the City. Owners and operators of group homes must also notify the Department of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.

The cultivation must take place only in a facility that is enclosed, locked, and equipped with security devices, as defined in 19 CSR 30-95.010, as amended ("cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient, such patient's primary caregiver, or the consumer cultivator in accordance with all applicable laws and regulations.

Qualifying Patient Cultivation Limits.

Consumer Cultivation Limits.

Recognize the benefits associated with the development of single-family attached dwellings, such as reduced costs for land development and energy efficiency.

Promote an aesthetically appealing building design by incorporating traditional residential forms, such as porches, gables, bay windows, color, and texture into the design of single-family attached dwellings.

Promote residential developments that are distinctive, have character, and connect to the community.

Provide variety and visual interest in the exterior design of residential buildings.

Site Design. To the maximum extent feasible, the primary entrance and façade of all single-family attached dwellings shall be oriented towards primary streets or a green space, such as an interior courtyard, park, or on-site natural area. Site design should observe natural surveillance by arranging parking areas, sidewalks, and green spaces in such a way which displays the area as residential in which illegal activity will be observed and reported. Lighting and landscaping shall allow for safety and visibility of public and semi-public areas.

Building Elevations. No two (2) adjacent buildings containing single-family attached dwellings shall have an identical front elevation design. This provision is intended to promote the construction of single-family attached dwellings which are distinguishable from other adjacent dwelling units.

Character. To prevent an appearance of over-conformity in building design and to create visual interest, each single-family attached dwelling shall include architectural elements which aid in eliminating the perception of monotonous building mass by breaking up long blank walls, expressing the individuality of each single-family attached dwelling, and enhancing the character of the neighborhood.

Windows. Windows shall provide relief, detail, and variation on the façade of a single-family attached dwelling. Windows shall be required on facades facing streets or common areas such as alleys, courtyards, and green space. Windows part of garage doors shall not meet this requirement.

Blank Walls. Exterior blank walls, considered to be building faced sections without windows or doors, which are greater than twenty (20) feet in length shall not be allowed along facades facing streets or common areas.

Roofs. Roof forms shall complement neighboring properties :and shall use roof pitch and overhangs similar to that of neighboring structures. The roof over each dwelling unit within a single-family attached dwelling shall be separated by partition or other demarcation.

Exterior Stairs. Exterior stairs, such as a fire escape and exterior stairs providing access to an upper floor, are not allowed on any façade that faces a street.

Landscaping. All landscaping shall comply with Section 405.265.

Fences. All fences and privacy screens shall comply with the fence regulations as provided in Chapter 420.