Webb City City Zoning Code
ARTICLE III
Supplementary Regulations
Section 405.175 Standards For Medical Marijuana Uses.
[Ord. No. 19-017, 12-17-2019]
A.
No building shall be constructed, altered, or used for a medical marijuana use without complying with the following regulations:
1.
Buffer Requirement. No medical marijuana facility shall be located within one thousand (1,000) feet of any public or private educational facility to include a licensed Missouri day care and/or house of worship, including, but not limited to, church, synagogue, mosque, cathedral, tabernacle, or other geographically and societally recognized house of worship, except when the aforementioned uses establish themselves within the prohibited distance, then the medical marijuana facility may remain. The prohibited distance shall be measured in a straight line from entrance door to entrance door.
2.
Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility.
4.
Hours Of Operation. All medical marijuana facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m.
5.
Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
6.
Residential Dwelling Units Prohibited. No medical marijuana facility shall be located in a building or structure that contains a residence or dwelling.
7.
Ventilation Required. All medical marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business and place of home cultivation. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility or place of home cultivation is located.
8.
Site Plan Review Required. A site plan shall be submitted for review and approval by the City of Webb City Building Official. The site plan shall include a description of the ventilation system to be used to contain odors within the building. The site plan shall also show distances between the nearest school, child care center, or church to the medical marijuana facility as set forth herein.
Section 405.180 Regulations Supplement City Zoning Ordinance.
[Ord. No. 6924 §§1—3(9-60), 2-22-1999]
The provisions of the City zoning ordinance shall be subject to the exceptions, additions or modifications provided in and by the following regulations.
Section 405.185 Access Easement Agreement.
[Ord. No. 24-003, 4-8-2024]
A.
In order to guarantee proper, safe vehicular cross-access between properties, provide for internal vehicular circulation between properties, and guarantee that the cross-access improvements will be maintained by current and future owners of property, cross-access easement agreements shall be required on all roadways deemed to have limited access, such as those maintained by the Missouri Department of Transportation, and those determined to have limited access by the Director of Public Works. The cross-access easement agreements shall be recorded with the appropriate County Recorder of Deeds office and shall be binding upon, and inure to the benefit of, future owners of the property, unless otherwise modified or amended.
B.
Upon determination by the Director of Public Works that a cross-access easement agreement is required, no building permit will be issued until such time as the cross-access easement agreement has been completed and filed with the appropriate County Recorder of Deeds office.
Section 405.190 Sign Regulations.
[Ord. No. 6924 2-22-1999; §§1—3(9-61); Ord. No. 6952 §1(9-61), 11-8-1999; Ord. No. 7169 §1(9-61), 6-27-2005; Ord. No. 7254 §1, 11-13-2006]
A.
Purpose. The purpose of this Section is to promote guidelines for the erection and use of signs, symbols, markings and advertising devices within the City of Webb City. These guidelines are designed to protect and promote public welfare, health and safety of persons within the community and to aid in the development and promotion of business and industry by providing sign regulations that encourage aesthetic creativity, effectiveness and flexibility in the design and use of such devices without creating a detriment to the general public.
B.
Applicability. The provision of this Code shall apply to the construction, erection, alteration, use, location and maintenance of all signs located out-of-doors.
C.
Administration And Enforcement. This Section shall be administered by City staff subject to the oversight of the City Council and shall be enforced by the Code Enforcement Officer in the following manner:
1.
The Code Enforcement Officer, upon finding that any provision of this Section or any condition or a permit issued under this Section is being violated, is authorized to institute legal proceedings to enjoin violations of this Section.
2.
Fines and penalties for violations of this Section are set forth in Section 405.530 of this Chapter.
3.
Any person violating any of the provisions of this Section shall be deemed guilty of a City ordinance violation. Each day of continuation of violation shall constitute a separate offense.
4.
The owner of the sign and/or the operator of the business shall be jointly and severally liable for all applicable fines and fees. The City shall have the power to prosecute the owner of the sign and the owner of the business in a civil action and receive any sums due, plus a reasonable attorney's fee to be fixed by the court.
D.
Permit Required. No person, firm or corporation shall erect, install, create by painting or relocate a sign or sign structure of any kind without a permit issued by the City of Webb City, upon payment of a permit fee as set forth in Chapter 420 of the Webb City Municipal Code. Signs that have been erected without a permit shall pay a fifty dollar ($50.00) late fee upon application if no action has been taken after ten (10) days' notice by the City.
1.
Application for a permit shall include:
a.
All requested information listed on the sign permit application.
b.
Plan for sign. Every application for a sign permit shall file with the application a plan showing, for each sign, the height of the sign from the street grade to the top and bottom of the sign, position of the sign; the sign legend or commercial message; sign location; dimensions; construction specifications; electrical components and wiring; method of attachment and design of structured members to which attachment is to be made; and location of the foundation or posthole location in relation to the property line and public right-of-way, as applicable.
2.
Issuance. If the plans and specifications accompanying the sign permit application required by this Section are in accordance with the provisions of the City Building Code, the building department will issue a sign permit.
a.
Footing inspections on all detached signs, including situations where square footage or panels are added to existing detached signs;
b.
Electrical inspections on all electrical or illuminated signs prior to final placement;
c.
Final inspection, which shall cover the sign location, structural members and placement of the insignia.
3.
Permit number. No portable or temporary sign shall be erected unless a self-adhesive label is permanently attached to and shall be clearly and visibly displayed at all times indicating the date and number of the permit issued therefore. A record of all permit numbers will be maintained by the City for enforcement purposes.
4.
Expiration. A sign permit shall become null and void if the work for which the permit was issued has not commenced within six (6) months from the date the permit was issued. The sign permit may be renewed for the same project for an additional three (3) months at no additional cost. If the work is still not completed after the full nine (9) months, the project shall be required to purchase a new sign permit.
5.
Fees. The fee for the erection of any sign shall be as follows:
a.
On-site freestanding, attached and ground sign fee shall be one dollar ($1.00) per square foot for the size permitted by land classification.
b.
Temporary commercial sign fee shall be five dollars ($5.00) each for a maximum of two (2) signs not to exceed a thirty (30) day display.
c.
Off-site sign fee, except billboards, shall be three dollars ($3.00) per square foot for the size permitted by land classification.
d.
Billboard and poster panel sign fee shall be one hundred fifty dollars ($150.00) per sign.
e.
The permit fee for all commercial portable signs shall be fifty dollars ($50.00) per sign per year paid by the sign owner. Each portable sign shall be levied a relocation fee of fifteen dollars ($15.00) on each occasion it is moved to a new location. A portable sign permit shall not exceed sixty (60) days total per calendar year per property address from the date of permit issuance. Fee will be waived for not-for-profit organizations but all other provisions apply. Land classification provisions apply.
6.
Denial, suspension or revocation. The Code Enforcement Officer shall issue a thirty (30) day written warning when a sign is found to be in non-compliance to allow it to be brought into compliance (exception would be a safety hazard). The Code Enforcement Officer at the end of those thirty (30) days may, in writing, suspend, deny or revoke a permit issued under the provisions of this Section whenever the permit is issued on the basis of a misstatement of fact, fraud or non-compliance with this Section. When the Code Enforcement Officer denies a sign permit, he shall give written notice of denial to the applicant, together with a brief written statement of the reason for the denial. Such denials shall reference the Section of the sign code or other pertinent code used as a standard for the basis of the denial. Also see Subsection (L) of this Section.
E.
Excepted Signs. The following signs do not require permits or payment of the fee but must meet the other requirements of this Section and the Reference Guide, which can be found on file in the City offices:
1.
Customary holiday decorations.
2.
House address, family name, decorative flag, no trespassing and similar signs.
3.
Traffic control signs and traffic flow informational signs.
4.
Official government or business directional signs.
5.
The flags of any nation, State, town, military or service organization, provided such flags are flown in accordance with established protocol and are not located on flagpoles that exceed the height limitation of the zoning district, as applicable.
6.
Church signs located on property owned by the church.
7.
Safety control signs located on private property.
8.
Public and school recreational activities support signs located on public property.
9.
Subdivision entrance signs located on an area common to the development.
10.
Window displays such as mannequins.
11.
Non-illuminated real estate signs.
12.
Political signs located on private property providing the candidate or ballot issue campaign has the permission of the property owner, meets all legal requirements of the State of Missouri, meets size requirements according to land classification, are not erected more than thirty (30) days prior to the election date and are removed within seven (7) days after the election.
13.
Not-for-profit organization signs promoting a special event such as a fundraiser or charity event.
14.
A-frame, sandwich board or curb signs used for commercial purposes, located within twenty (20) feet of the front of the business, displayed no earlier than 6:00 A.M., and taken inside the business no later than 10:00 P.M. daily. They must not be placed in such a manner as to block or hinder pedestrian or vehicular traffic and may not exceed fifteen (15) square feet in size.
15.
Pennants, ribbons, streamers, balloons and similar sale event materials. They must be securely fastened to the ground or a fixed object and must not be a safety hazard.
F.
General Restrictions. The following shall apply to all signs within the City limits of the City of Webb City:
1.
All signs shall comply with the appropriate detailed provisions of the current Webb City Building Code relating to the design, structural members and connections. Signs shall also comply with the applicable provisions of the National Electrical Code. In addition:
a.
Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.
b.
All signs with animation or changing light shall contain a mechanism such that the illumination between dusk and dawn shall be less bright so as not to distract drivers in the immediate area.
c.
All combustible materials used in the construction of any sign must be reviewed and approved by the Code Enforcement Officer, Building and/or Electrical Inspector.
d.
All electric signs shall conform in design and construction to the appropriate sections of the current National Electrical Code and the Electrical Inspector may deem other requirements as necessary.
e.
Electric discharge tubing (neon, argon, etc.) not terminated in an exterior metal sign raceway shall be terminated in receptacles designed and approved for the purpose.
f.
A balloon envelope filled with heated air, helium or any other gas capable of the envelope for flight of any height or duration shall be securely anchored with cables or ropes in good condition. Balloons shall maintain a distance of twenty (20) feet from overhead wires or lines.
g.
Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied.
2.
No sign shall:
a.
Be painted or attached to any tree, public utility pole or structure, streetlight, fence, fire hydrant, bridge, curb, sidewalk, City-owned park bench or other location on public property or be painted upon or otherwise directly affixed to any rock, ledge or other natural feature.
b.
Be erected at any location where, by reason of position, shape, wording or color, it interferes with or obstructs the view of pedestrian or vehicular traffic.
c.
Hide from view or be confused with any authorized traffic sign, signal or device.
d.
Be closer than ten (10) feet to a side lot line except in the case of a wall sign or corner lot where a set back may be reduced to ten (10) feet from public ways.
e.
Be located within fifty (50) feet of any other detached sign, except a kiosk, on the same parcel or development site.
f.
Project from a building over a public way with the bottom of the sign less than ten (10) feet vertically above the ground. In no case shall the sign project over a public way which is intended for vehicular traffic.
g.
Advertise any unlawful activity.
h.
Occupy a parking space necessary to satisfy minimum off-street parking requirements.
i.
Consist of any auditory or sound producing device.
j.
Emit smoke, vapor, particles or odors.
k.
Be on vehicles primarily or consistently parked for display as advertising signs.
l.
Be relocated, unless permitted by this Chapter.
m.
Be placed so as to prevent or inhibit free ingress to or egress from any door, window or any exit way required by the International Building Code (IBC) or Fire Department Regulations.
3.
Any change in lettering, copy or facing of an existing sign shall not require an additional permit or fees as long as the size, height or location does not change. Normal maintenance and repairs shall not require a sign permit. However, this sign must continue to conform to all other provisions.
4.
No person shall place or maintain upon or in view of any public way any light so that its beams or rays are directed at any portion of a public street, highway or adjacent property owners when the light is of such brilliance and so positioned as to blind or otherwise impair the vision of the driver of any motor vehicle upon said street or highway.
5.
One traffic flow, construction, real estate or special event sign is permitted on private property if authorized by the property owner. The sign must conform to the size and height requirements according to land classification. These signs shall be placed at least ten (10) feet from any public right-of-way and shall be promptly removed upon completion of the development or activity.
6.
Awning signs shall be permitted for non-residential uses with these additional regulations:
a.
The sign shall be flat against the surface of the awning.
b.
The sign shall maintain a clearance of eight (8) feet above a public right-of-way.
c.
The sign shall not be closer than two (2) feet, measured in horizontal distance, from the curb line of any street.
d.
The sign shall not extend into the right-of-way.
e.
Fabric awnings may not extend more than one (1) foot below the rigid mount of the awning.
G.
General Standards.
1.
See Reference Guide, which can be found on file in the City offices, for allowed types, quantity, height and sign area.
2.
The maximum quantity of signs shall be limited to half of the types listed in the Reference Guide, which can be found on file in the City offices, for each zoning district. When a fraction results, the quantity shall be rounded down to the next lower whole number. This limit shall not include political signs.
3.
No person shall erect or maintain a sign on any property inside the Webb City corporate limits that is dangerous or defective. All signs and their supports, braces, connections or anchors shall be kept in good repair to prevent lateral movement of the sign. Any chipping, peeling or flaking of paint, plastic or glass or any mechanical, electrical or structural defect shall be corrected upon written notice by the Code Enforcement Officer. The Code Enforcement Officer shall give thirty (30) day written notice that a sign is not secure or in good state of repair, to the owner or person responsible for the maintenance of the sign. If the defect in the sign is not corrected at the end of that thirty (30) day period, the Officer may revoke the sign permit thus placing the sign owner in violation of this Section and subject to action under Subsection (K) of this Section.
H.
Off-Site Signs.
1.
All off-site signs must follow the size and height limitations according to land classifications.
2.
The erection, construction or maintenance of off-site signs shall be limited to properties adjacent to either side of the right-of-way of roads designated as part of the Missouri Department of Transportation system or classified as a major thoroughfare by the City of Webb City and shall be limited to commercial and industrial zoning districts, unless adjacent to an interstate highway, when no zoning restriction shall apply.
3.
Off-site signs shall be erected or placed in conformity with the following:
a.
In any zoning district not adjacent to an interstate highway, no off-site sign shall be placed closer than twenty-five (25) feet to any road right-of-way.
b.
In any zoning district adjacent to an interstate highway, no off-site sign shall be placed closer than ten (10) feet to any road right-of-way.
c.
Off-site signs erected adjacent to interstate highways shall not be located closer to another off-site sign than one thousand (1,000) feet apart. These signs shall be restricted in an area five hundred (500) feet from an exit or entrance ramp. All off-site signs must comply with State and Federal regulations.
d.
Off-site signs erected adjacent to roads other than interstate highways shall not be located closer than one thousand five hundred (1,500) feet to another off-site sign on the same side of the road; nor shall such an off-site sign be located within five hundred (500) feet, as measured in any direction, of any other off-site sign.
e.
No portion of an off-site sign shall be located within one hundred fifty (150) feet in any direction of a zoning district other than "C-1", "C-2", "C-3", "I-1", "I-2" or "I-3".
f.
Off-site signs shall not advertise any tobacco or alcohol products. These off-site signs shall not be located within one thousand (1,000) feet of public or private schools, within five hundred (500) feet of a place of worship, within five hundred (500) feet a publicly owned recreation center or a publicly owned park.
I.
Billboard And Poster Panel Signs.
1.
The erection, construction or maintenance of billboard and poster panel signs shall be limited to properties adjacent to either side of the right-of-way of roads designated as part of the Missouri Department of Transportation system or classified as a major thoroughfare by the City of Webb City and shall be limited to the "C-2", "C-3" and all industrial zoning districts, unless adjacent to an interstate highway, when no zoning restriction shall apply.
2.
Billboard and poster panel signs shall be erected or placed in conformity with the following:
a.
In any zoning district not adjacent to an interstate highway, no billboard or poster panel sign shall exceed three hundred forty (340) square feet, nor be over forty (40) feet in height from the adjacent roadway grade, nor be placed closer than twenty-five (25) feet to any road right-of-way.
b.
In any zoning district adjacent to an interstate highway, no billboard or poster panel sign shall exceed seven hundred (700) square feet, nor be over forty (40) feet in height from the adjacent roadway grade, nor be placed closer than ten (10) feet to any road right-of-way.
3.
The bottom coping of every billboard and poster panel sign shall be at least ten (10) feet above ground or street level.
4.
Billboard and poster panel signs erected adjacent to interstate highways shall not be located closer to any off-site, billboard or poster panel sign than one thousand (1,000) feet. These signs shall be restricted in an area five hundred (500) feet from an exit or entrance ramp. All billboard and poster panel signs must comply with State and Federal regulations.
5.
Billboard and poster panel signs erected adjacent to roads other than interstate highways shall not be located closer to any off-site, billboard or poster panel sign on the same side of the road than one thousand five hundred (1,500) feet; nor shall such a billboard or poster panel sign be located within five hundred (500) feet, as measured in any direction, of any other off-site sign.
6.
No portion of any billboard and poster panel sign shall be located within one hundred fifty (150) feet in any direction of a zoning district other than "C-2", "C-3", "I-1", "I-2" or "I-3".
7.
No billboard and poster panel sign shall be attached to a wall, building or rooftop.
8.
No billboard and poster panel sign shall advertise tobacco, distilled spirits, beer, wine or any other product that a minor cannot legally use, within one thousand (1,000) feet of public or private schools, within five hundred (500) feet of a place of worship, within five hundred (500) feet of a publicly owned recreation center or a publicly owned park designed for use by minors.
9.
No billboard and poster panel sign shall advertise more that one (1) activity, business, commercial purpose, commodity, service, entertainment or product, unless both of the advertisements are owned and purchased by the same individual or company and then shall be limited to two (2) such advertisements on any one (1) sign.
10.
No billboard and poster panel signs shall be stacked one above the other nor set beside one another at the same location.
J.
Non-Conforming Signs.
1.
If at the time of the adoption of this Section or amendments thereto or of any extension resulting from annexation or of any amendment to the Webb City Code, any sign which is being used in a manner or for a purpose which was otherwise lawful, but does not conform to the provisions of this Section, shall be deemed non-conforming. Such sign may continue only in the manner and to the extent that it existed at the time of such adoption, amendment or extension.
2.
Any sign that becomes non-conforming subsequent to the effective date of this Section (11-13-06) shall be subject to the provisions of this Section.
3.
Legal non-conforming signs that are located on a parcel of property which is severed from a larger parcel of property and acquired by a public entity for public use by condemnation, purchase or dedication may be relocated on the remaining parcel without extinguishing the legal non-conforming status of that sign provided that the non-conforming sign:
a.
Is not increased in area or height;
b.
Remains structurally unchanged except for reasonable repairs or alterations;
c.
Is placed in the same relative position on the remaining property that it occupied prior to the relocation;
d.
Is relocated in a manner so as to comply with all applicable safety requirements; and
e.
After relocation pursuant to this Subsection, the legal non-conforming sign shall be subject to all provisions of this Section in its new location.
4.
Alteration or removal of non-conforming signs.
a.
A non-conforming sign structure shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this Section, except as provided in Subsection (K)(3) of this Section.
b.
Any building permit that invokes Certificate of Occupancy requirements shall specify and require that any non-conforming sign located within the boundaries of the development site authorized by said permit shall be brought into conformance with the provisions of this Section.
c.
Any non-conforming sign shall be removed or rebuilt in full conformity to the terms of this Section if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty percent (50%) or more of the cost of reconstruction of such sign.
K.
Removal Of Signs.
1.
The Code Enforcement Officer may remove or cause to be removed any discontinued, dangerous, defective, illegal or prohibited sign subject to removal under the provisions of this Section or any other sign maintained in violation of the provisions of this Section. The Code Enforcement Officer, prior to any removal of the sign, will issue the owner of the sign a thirty (30) day written notice.
2.
In a case where the health, safety or welfare of the general public is at risk, the Code Enforcement Officer may institute the immediate removal of a dangerous or defective sign without notice.
3.
The Code Enforcement Officer may cause the removal of unauthorized signs from the public right-of-way. Such signs may be impounded as evidence or disposed of as abandoned property unless claimed by the owner within thirty (30) days. Such signs shall be deemed a nuisance and subject to removal without notice.
4.
Any sign removed by the Code Enforcement Officer pursuant to the provisions of this Section shall become the property of the City and may be disposed of in any manner deemed appropriate by the City. Cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property. The cost of abatement or removal shall include any and all incidental expenses incurred by the City in connection with the sign abatement or removal.
5.
The use of any sign that is located on property that becomes vacant and unoccupied for a period exceeding ninety (90) days shall be deemed to have been discontinued. Any sign whose use has been discontinued is prohibited and shall be removed by the owner of the sign or owner of the premises.
6.
Sign structures which remain vacant, unoccupied and devoid of any message, display a "space for rent" sign or display a message pertaining to a time, event or purpose that no longer applies will be considered a discontinued sign after three hundred sixty-five (365) days. Upon written notice by the Code Enforcement Officer, the property owner must remove this sign within thirty (30) days.
7.
Off-site sign structures for businesses that have closed shall be deemed discontinued if left vacant and unoccupied for a period exceeding ninety (90) days.
L.
Variances. The Board of Adjustments may grant variances to the sign code to ensure conformity to the intent of this Section. A variance may only be granted upon a finding by the Board of Adjustments that:
1.
There are special circumstances or conditions applying to the land, building or use referred to in the application;
2.
That such special circumstances or conditions are pre-existing and not created by the property owner or appellant;
3.
The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights;
4.
The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity of the property, to the neighborhood or the public welfare in general; and
5.
The variance will not give the sign owner an unfair advantage in the marketplace when comparing the business's competition.
Section 405.200 Accessory Buildings.
[Ord. No. 6924 §§1—3(9-62), 2-22-1999]
Section 405.210 Public Buildings and Utilities.
[Ord. No. 6924 §§1—3(9-63), 2-22-1999]
Public building and utility uses may be permitted in any district subject to such protective restrictions deemed necessary by the Planning and Zoning Commission.
Section 405.220 Height.
[Ord. No. 6924 §§1—3(9-64), 2-22-1999]
The following structures will be permitted above height limits specified in other parts of this Chapter: tanks, church spires, skylights, steeples, flagpoles, chimneys, ventilating fans and other appurtenances not used for human use or habitation.
Section 405.230 Area.
[Ord. No. 6924 §§1—3(9-65), 2-22-1999]
Unless otherwise regulated in the zoning ordinance, on corner lots, no fence, wall, hedge or other structure or planting more than three (3) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are sufficiently distant from the point of intersection to provide adequate sight distance for vehicles traveling at the design approach speed of street.
Section 405.240 Annexed Territory.
[Ord. No. 6924 §§1—3(9-66), 2-22-1999; Ord. No. 7170 §1(9-66), 6-27-2005]
A.
All territory which may hereafter be annexed to the City shall be classified under the zoning districts of the City pursuant to the following procedure:
1.
In the event that the annexation is initiated by the property owners of the territory to be annexed by voluntary petition as provided in Section 71.012, RSMo., the petitioning property owners shall be required to make simultaneous application for zoning classification of the subject territory pursuant to Section 405.510 of the Webb City Code.
2.
In the event that the annexation is initiated by any other process or in the event written objection is filed with the City as provided in Section 71.012.2(3), RSMo., requiring the City to follow the procedure set forth in Section 71.015, RSMo., the Zoning and Planning Commission shall, on its own motion, pursuant to Section 405.510 of the Webb City Code, initiate zoning classification of the subject territory.
3.
Unless it is impractical in the sole judgment of the City, the public hearing regarding the zoning classification of the subject territory shall be held by the Zoning and Planning Commission prior to the public hearing before the City Council on the issue of annexation such that the ordinance establishing the zoning classification shall be on the Council's agenda at the same time as the annexation ordinance.
4.
A fee of three hundred sixty dollars ($360.00) shall be paid with each application for annexation in addition to the payment of the estimated cost of publication of notice.
Section 405.250 Vacation of Public Easements.
[Ord. No. 6924 §§1—3(9-67), 2-22-1999; Ord. No. 7170 §1(9-67), 6-27-2005]
Whenever any street, alley or other public easement is vacated, the district classifications or property to which the vacated portions of land accrue shall become the classification of the vacated land. A fee of one hundred dollars ($100.00) shall be paid with each application for vacation in addition to the payment of the estimated cost of publication of notice.
Section 405.260 Storage and Parking of Trailers and Commercial Vehicles.
[Ord. No. 6924 §§1—3(9-68), 2-22-1999]
A.
Commercial vehicles and trailers of all types, including travel, camping and hauling and mobile homes, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:
1.
Not more than one (1) commercial vehicle, which does not exceed one and one-half (1½) tons rated capacity per family living on the premises shall be permitted and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted.
2.
Not more than one (1) camping or travel trailer or hauling trailer per family living on the premises shall be permitted and said trailer shall not exceed twenty-four (24) feet in length or eight (8) feet in width; and further provided that said trailer shall not be parked or stored for more than one (1) week unless it is located behind the back yard building line. A camping or travel trailer shall not be occupied permanently while it is parked or stored in any areas within the incorporated limits except in a travel trailer court authorized under the zoning ordinances of the City.
3.
A mobile home shall be parked only in a mobile home park in conformity with the ordinances of the City.
4.
Automotive trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
Section 405.270 Child Care Facility.
[Ord. No. 6924 §§1—3(9-69), 2-22-1999]
Child care facilities authorized under the zoning ordinance or upon review by the Zoning and Planning Commission shall meet the licensing requirements imposed by Section 210.201 et seq., RSMo., and as therefore amended; the rules and regulations propounded by the Department Of Health And Senior Services under Section 210.221, RSMo.; and the other requirements of the zoning ordinance.
Section 405.280 Off-Street Automobile and Vehicle Parking and Loading.
[Ord. No. 6924 §§1—3(9-70), 2-22-1999]
A.
Intent. It is the intent of these requirements that adequate parking and loading facilities be provided off the street for each use of land with the City. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in all districts.
B.
In all districts, in connection with every use, sufficient off-street parking spaces shall be provided to accomplish the principles set forth in this Article and to meet the parking demands generated by residents, employees, company officials, company vehicles and customers. Required parking spaces shall be located on the lot on which the principal use is located except as provided in this Section.
C.
Each application for a building permit or variance shall include plans for at least the minimum number of parking spaces herein required. Plans shall include information as to location and dimensions of off-street parking spaces and the means of access to the spaces. The Building Inspector shall not approve any application until he/she determines that the requirements of this Section are met in the plans.
D.
Each parking space shall contain not less than two hundred (200) square feet in area exclusive of access and circulation aisles. Areas normally used for drive-in customer service such as drive-in windows and gas pump service areas shall not be counted as required parking spaces.
E.
If the off-street parking space required by this Section cannot reasonably be provided on the lot on which the principal use is located, such space may be provided on any land within two hundred (200) feet exclusive of street and alley widths of the principal building or use. The principal use shall be permitted to continue only as long as its parking requirements are met.
F.
Minimum Spaces. The minimum number of required spaces shall be determined by the following criteria:
1.
These criteria are to be used in determining the minimum number of required spaces, a developer shall evaluate his/her own needs to determine if they are greater than the minimum specified in this Section.
2.
Uses permitted in an "A-1", "R-1", "R-2", "R-3", "R-4" and "M" Zoning Districts (see Section 415.050(D)(7) as to off street parking requirements in mobile home parks):
a.
Single-family, two-family and multi-family dwellings. Two (2) parking spaces per dwelling unit.
b.
Churches. One (1) parking space for each four (4) seats in the principal place of assembly.
c.
Home occupation. Three (3) parking spaces which may include residential spaces.
d.
Public buildings.
(1)
Schools. One (1) space for each staff member and employee; in the case of secondary schools, one (1) additional parking space for each eight (8) students in grades nine (9) through twelve (12) shall be provided.
(2)
Community centers, libraries, galleries and museums. Ten (10) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area.
(3)
Stadiums. One (1) parking space for each three (3) spectator seats.
e.
Hospitals. One (1) parking space for each employee and one (1) additional space for each four (4) patient beds.
f.
Golf course. Forty (40) parking spaces.
3.
Uses permitted in a "C-1", "C-2" or "C-3" Zoning District.
a.
Single-family, two-family and multi-family dwellings. Two (2) parking spaces per dwelling unit.
b.
Public buildings.
(1)
Schools. One (1) space for each staff member and employee; in the case of secondary schools, one (1) additional parking space for each eight (8) students in grades nine (9) through twelve (12) shall be provided.
(2)
Community centers, libraries, galleries and museums. Ten (10) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area.
(3)
Stadiums. One (1) parking space for each three (3) spectator seats.
c.
Rooming and board houses. Two (2) parking spaces and one (1) additional space for each roomer or boarder.
d.
Retail business and service establishments. One (1) space for each company vehicle and one (1) space for each two hundred (200) square feet of gross floor area.
e.
Service stations. Two (2) parking spaces for each gas pump and three (3) spaces for each grease rack.
f.
Restaurant, cafe, nightclub or similar establishment. One (1) parking space for every two (2) employees and one (1) additional space for each one hundred (100) square feet of gross floor area.
g.
Office building, banks and similar institutions. One (1) parking space for each two hundred (200) square feet of gross floor area.
h.
Auto sales and garages. One (1) parking space for each employee and four (4) spaces for each maintenance stall.
i.
Pool halls, bowling alleys and similar recreational facilities. One (1) parking space for each two hundred (200) square feet of gross floor area.
j.
Funeral homes. One (1) parking space for every four (4) seats in the principal place of assembly.
k.
Motels and hotels. One (1) space for each employee and one (1) parking space for each rental unit.
l.
Theaters. One (1) space for every two (2) seats.
4.
Uses permitted in an "I-1" or "I-2" Zoning District.
G.
Additional Requirements.
1.
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
2.
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning and Zoning Commission.
3.
Whenever a building or use constructed or established after the effective date of this Section is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Section is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.
4.
In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
H.
Parking Not Located On The Same Lot. All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained not to exceed two hundred (200) feet from the building served.
1.
Up to fifty percent (50%) of the parking spaces required for (a) theaters, public buildings, bowling alleys, dance halls, nightclubs or cafes and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a), provided however, that written agreement thereto is properly executed and filed as specified below.
2.
In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the attorney for the City and shall be filed with the application for a building permit.
3.
Off-street parking space may be located within the required front yard of any "C" or "I" zoning district, but no off-street parking shall be permitted in the required front yard of any "R" zoning district, except upon a driveway providing access to a garage, carport or parking area for a dwelling.
I.
Size Of Off-Street Parking Space. The size of a parking space for one (1) vehicle shall consist of a rectangular area having dimensions of not less than ten (10) feet by twenty (20) feet plus adequate area for ingress and egress.
J.
Off-Street Loading Requirements. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise shall provide and maintain on the site premises off-street loading space in accordance with the following requirements:
1.
Within any "C-2" and "C-3" Zoning District, one (1) loading space for each fifteen thousand (15,000) square feet of gross floor area.
2.
Within any "I-1" or "I-2" Zoning District, one (1) loading space for each fifteen thousand (15,000) square feet of gross floor area.
3.
For the purpose of this Section, an off-street loading space (exclusive of adequate access drives and maneuvering space) shall have minimum dimensions of twelve (12) feet by forty (40) feet and an overhead clearance of fourteen (14) feet in height above the alley or street grade.
K.
Off-Street Parking Lot Construction And Maintenance.
1.
Lots in residential districts. Whenever off-street parking lots for more than six (6) vehicles are to be located within or adjacent to a residential district, the following provisions shall apply.
a.
All sides of the lot abutting the residential district shall be enclosed with an opaque, ornamental fence, wall or dense evergreen hedge having a height of not less than five (5) nor more than six (6) feet. Such fence, wall or hedge shall be maintained in good condition.
b.
No parking shall be permitted within a front yard setback line established ten (10) feet back of the property line of interior and corner lots wherever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit. In all other cases no setback shall be required, provided however, that on any corner lot formed by two (2) intersecting streets no parking shall be permitted.
c.
All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.
2.
Lots in commercial districts. Whenever off-street parking lots are located adjacent to other commercial properties, a driving way for ingress and egress shall be constructed to adjoining property lines to facilitate the movement of traffic from one lot to another without the need to access a public street or highway.
Section 405.290 Court Requirements For Multiple-Family Dwellings.
[Ord. No. 6924 §§1—3(9-71), 2-22-1999]
A.
Whenever a multiple-family dwelling or group of multiple dwellings is designed with an inner or outer court, such court must meet the following requirements:
1.
Outer court width. The width of an outer court upon which windows open shall be not less than fifteen (15) feet or equal to the height of the opposing wall, whichever is greater; and in no case shall an outer court be less than ten (10) feet in width or equal to seventy percent (70%) of the height of the opposing wall, whichever is greater.
2.
Inner court width. The width of an inner court of a multiple-family dwelling shall not be less than two (2) times the height of the lowest wall forming the court, but in no case shall it be less than twenty (20) feet.
3.
Passageway for inner court. An open unobstructed passageway shall be provided. Such passageway shall be not less than six (6) feet in width, shall have a clearance of not less than eight (8) feet in height and shall provide a straight and continuous passage from the inner court to a yard or open space having a direct connection with a street.
Section 405.300 (Reserved) [1]
[1]
Editor's Note—Ord. no. 7284 §1, adopted July 9, 2007, repealed section 405.300 "park and open space requirements for residential subdivision development" in its entirety. Former section 405.300 derived from ord. no. 6924 §§1—3(9-72), 2-22-99; ord. no. 6955 §1(9-72), 12-6-99. At the editor's discretion, this section has been reserved for the city's future use.
Section 405.310 Prohibition Against Sale of Motor Vehicles in Residential Districts.
[Ord. No. 6924 §§1—3(9-73), 2-22-1999]
A.
It shall be unlawful for any person, persons or entity to sell, display for sale or to advertise for sale any motor vehicle parked in areas zoned residential within the City limits of the City.
B.
This prohibition shall not apply to the sale, display for sale or advertisement for sale of motor vehicles parked in areas zoned residential in the event that said motor vehicle is owned and registered in the name of the owner or lessee of the property on which the motor vehicle is parked.
Section 405.320 Occupancy Permit.
[Ord. No. 6924 §§1—3(9-74), 2-22-1999; Ord. No. 6955 §1(9-74), 12-6-1999]
A.
It shall be unlawful for any person or entity to occupy, use or advertise for sale, rent or lease any building which was not erected or occupied prior to January 1, 1995, or which became unoccupied for a period of ninety (90) days subsequent to January 1, 1995, unless and until the Code Enforcement Officer has issued an occupancy permit with regard to such building.
B.
The owner of a building may obtain an occupancy permit by first submitting an application for the same to the City Clerk, making payment of a fee of twenty-five dollars ($25.00) and providing complete access to the building for inspection by the Code Enforcement Officer and/or Fire Chief.
C.
Within three (3) business days following inspection, the Code Enforcement Officer shall either issue an occupancy permit or file a written report with the City Clerk, said report to include the time of the inspection and specific findings of deficiencies with reference to the City's Building Code or Fire Code. The owner of the building may correct the deficiencies and request another inspection upon payment of an additional inspection fee. Any party aggrieved by a decision of the Code Enforcement Officer in issuing or refusing to issue an occupancy permit may appeal the decision to the Board of Adjustment and Appeals. Appeals from determination of the Board must be made directly to the Circuit Court of Jasper County, Missouri.
Section 405.330 Fences.
[Ord. No. 6924 §§1—3(9-75), 2-22-1999]
A.
Except as otherwise specifically provided in other Codes and regulations, the following regulations shall apply to the construction of fences:
1.
Installation of fencing for safety purposes shall be required wherever industrial or commercial uses are built or installed on lots abutting residential areas by the owner of the industrial or commercial lot and said fencing shall be approved by the Building Inspector.
2.
No fence shall be constructed which will constitute a traffic hazard.
3.
No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.
4.
No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation or which fence shall adversely affect the public health, safety and welfare.
5.
No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than four (4) feet in the front yard or eight (8) feet elsewhere; provided however, that the Planning and Zoning Commission may, as a special use, authorize the construction of a fence higher than eight (8) feet if the Planning and Zoning Commission finds the public welfare is served.
B.
It shall be unlawful for any person to erect or maintain any fence or other like structure except as follows:
1.
Privacy fences may be erected on any lot but shall be no more than eight (8) feet high. The privacy fence shall not be located any closer to the front property line than halfway between the rear of the structure and the front of the structure.
[Ord. No. 14-006 §1, 6-9-2014]
2.
Decorative fences may be erected on any lot but shall be no more than four (4) feet high and be of open construction, unless constructed of rock, brick or decorative block.
3.
Security fences may be erected on any business or industrial lot to a height of not more than twelve (12) feet except the top four (4) feet must be of open wire, woven wire or barbed wire construction.
4.
Fences for the enclosure of private tennis courts may be constructed to a height of not more than twelve (12) feet but must be set back from all property lines at least six (6) feet and must be of open wire or woven wire construction.
5.
Materials allowed for construction of a privacy fence must be wood, except posts may be made of metal. Maximum board width is twelve (12) inches for solid, staggered or "basket weave" fences. Solid panels such as plywood, wafer board, etc., will not be allowed, except around construction sites for public safety, which must be removed upon issuance of a certificate of occupancy.
6.
Materials allowed for construction of a decorative fence can be wood, wrought iron, square tubing, metal pipe, rock and brick. A decorative fence must be of open construction, no panels such as plywood, wafer board, etc., will be allowed, unless of rock, brick or decorative block construction.
7.
All framework of a wood fence, privacy or decorative, must be on the inside portion of the fence and all posts of a wire fence must be inside of the fabric. All posts (except metal "T" line posts) must be set in concrete to a minimum depth of eighteen (18) inches and a minimum of four (4) inches by four (4) inches (nominal) or three (3) inches in diameter (nominal). Metal "T" posts can be driven.
C.
No person shall permit, cause, keep, maintain or allow a fence in a dilapidated or dangerous condition.
D.
No person shall place or permit to be placed or remain on or along any building front or any part of a building, fence or premises adjacent or contiguous to any right-of-way, public way or residence any spikes, sharp-pointed cresting, barbed wire, electrified fence or dangerous construction liable to tear, snag, cut or injure anyone coming in contact therewith.
E.
Variances. Variances to the requirements of this Section may be granted by the Board of Adjustment to insure conformity to the intent of this Section.
Section 405.340 Buffering Between Zoning Districts.
[Ord. No. 6955 §1(9-75), 12-6-1999]
A.
When construction occurs on a lot or parcel which is adjacent to a residence or residential district which has a zoning classification of a lesser density, the owner of the lot or parcel with the higher density residential, commercial or industrial use will be required to construct and maintain an opaque buffer between the lots or parcels to screen the new construction from view except for the frontage. The buffer may be:
1.
A wood fence of stockade or shadowbox construction, no less than eight (8) feet in height. All posts and supports on a stockade fence must face to the interior of the lot or parcel considered the higher density use.
2.
An evergreen vegetative screen, which at the time of planting must provide a six (6) foot screen from the adjacent property.
3.
A combination of a six (6) foot wood fence of stockade or shadowbox construction and evergreen vegetative buffer providing the proper screening.
Section 405.350 Telecommunications Tower Ordinance.
[Ord. No. 6976 §1(9-77), 9-25-2000]
A.
Purpose. The purpose of this Section is to establish appropriate locations, site development standards and permit requirements to allow for wireless communications services to the residents of the City in a manner which will facilitate the location of various types of wireless communication facilities in permitted locations so that they are consistent with the character of the City and consistent with land uses. Minimizing the adverse visual impact of wireless communications facilities within the City is one (1) of the primary objectives of this Section. This Section, together with the provisions of the Building Code, the Electrical Code and Chapter 405, the Zoning Regulations, is also intended to protect the public from excessive invasion and disruption and to permit wireless communications service providers reasonable use for the purpose of providing wireless and wired communications services.
B.
Permit Required.
1.
No person, firm or corporation shall erect a tower or similar structure of any kind without a permit issued by the City of Webb City, upon payment of a permit fee of one hundred dollars ($100.00). Application for a permit shall include the following:
a.
Name and address of the sign owner;
b.
The proposed location of the sign relative to lot lines, building(s) on or adjacent to the lot, utilities and other features pertinent to sign placement;
c.
A plan of the sign, including dimensions and position of the antenna, antenna support structure, equipment enclosure and facilities.
2.
Upon application of the permit, staff shall collect fees required for permit upon review as set forth herein and Section 405.500, review the application for completeness and place the request on the next available Planning and Zoning Commission agenda as set forth in Section 405.500(B).
3.
Upon approval by the Planning and Zoning Commission, the applicant may then proceed with the normal building permit process. The building permit shall become null and void if the work for which the permit was issued has not been substantially completed within six (6) months from the date of the permit, provided however, that the City may, upon a showing in writing by applicant of extenuating circumstances, issue extensions covering a period not to exceed twelve (12) months from the date of issue of the original permit.
4.
All antennas, antenna support structures, equipment enclosures and facilities shall comply with the appropriate detailed provisions of the current Webb City Building Code relating to the design, structural members and connections. All electrical equipment shall also comply with the applicable provisions of the National Electrical Code.
C.
Administration And Enforcement. This Section shall be administered by City staff under the guidance of the Planning and Zoning Commission and shall be enforced by the Code Enforcement Officer in the following manner.
D.
Exemptions. The following activities shall be exempt from these regulations:
1.
Ham radio operation.
2.
Residential signal reception equipment, including large and small satellite dish receivers and typical television and radio antennas.
3.
Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this document.
E.
Permitted Use District Locations For Antenna Support Structures (Towers) Upon Review.
1.
Lattice towers are permitted only in the use districts described in Article II of this Chapter as: "A-1", "I-2", "I-3" and "M".
2.
Monopole towers are permitted only in the use districts described in Article II of this Chapter as: "A-1", "R-3", "C-2", "I-1", "I-2", "1-3" and "M".
3.
Lattice and monopole towers may be permitted by special use permit by the Planning and Zoning Commission in the following locations:
a.
In any use district on land owned and managed by the City of Webb City, subject to the requirements of this Chapter. In addition, the Planning and Zoning Commission may designate areas owned by the City on which towers may be placed with staff review.
b.
In any use district on land that is unplatted, undeveloped and not reasonably suitable for development, subject to the requirements of this Chapter.
c.
In any use district on land that is owned and managed by a governmental agency, including special districts, school districts, public utility districts.
F.
On-Site Locations Of Antenna Support Structures (Towers).
1.
Where permitted, guyed lattice towers shall be constructed and installed as far away from existing buildings as is reasonably possible and in no event nearer to any public street, alley, residential structure or accessory building, railroad track or public park than a distance which equals one hundred fifteen percent (115%) or more of the vertical length of the lattice tower that is above the highest guy wire.
2.
Where permitted, monopole towers and unguyed lattice towers shall be constructed and installed as far away from existing buildings on adjoining land as is reasonably possible and in no event within any required yard or setback area or nearer to any public street, alley, residential structure or accessory building on adjoining land, railroad track or public park than a distance which equals one hundred fifteen percent (115%) or more of the vertical length of the tower, unless prior approval is granted by the Planning and Zoning Commission.
G.
Permitted Locations Of Antennas To Be Used For Wireless Communications Service.
1.
Antenna arrays may be mounted on the top of and attached to lattice towers and monopole towers. To accommodate and provide for co-location, antenna arrays may also be mounted midway on lattice towers and monopole towers.
2.
In all use districts described in Subsection (E) of this Section, antenna arrays may be mounted on the top of and attached to roofs of existing buildings that are thirty (30) feet or more in height above the street grade upon which such building fronts; provided however, that such antenna arrays shall not add more than twenty (20) feet to the total height or elevation of such building from the street grade (including the antenna array). Antenna arrays so mounted shall be obscured from view from the street upon which such building fronts by the use of screening materials designed, painted and maintained in a manner that will blend with the appearance of the building.
3.
In all use districts described in Subsection (E) of this Section, omni-directional antennas may be included as a part of an antenna array where antenna arrays are permitted. Omni-directional antennas that are not part of an antenna array may be mounted on lattice towers, monopole towers (where such towers are permitted), on roofs of existing buildings and on other alternative antenna support structures. Omni-directional antennas mounted on roofs of existing buildings shall not:
a.
Be closer than ten (10) feet from other omni-directional antennas mounted on the same building and shall be set back from all imaginary vertically extended sides of such building a distance that will permit screening to occur.
b.
Be situated closer together and nearer the imaginary extended vertical sides of such buildings unless they are obscured from view from the street on which the building fronts.
c.
Be greater than four (4) feet in height or length and mounted on alternative antenna support structures other than roofs of buildings unless obscured from view.
4.
Directional (panel) antennas.
a.
In the use districts described in this Code as "I-2", "I-3" and "PUD", directional (panel) antennas may be included as a part of an antenna array and may be so connected, mounted, attached or located on such antenna array or platform as to achieve a three hundred sixty degree (360°) transmission/reception pattern.
b.
Directional (panel) antennas that are not a part of an antenna array may be mounted or erected and maintained on lattice towers or monopole towers (where permitted), on roofs of existing buildings in the use districts described in this Subsection and on the facades or sides of existing buildings if adequately obscured; provided however, that if mounted or erected and maintained on the roof of an existing building, any such directional (panel) antenna shall be no closer than fifteen (15) feet from the imaginary vertically extended sides of such.
c.
Directional (panel) antennas may be mounted on alternative antenna support structures, other than roofs of existing buildings, only as a special use approved by the Planning and Zoning Commission.
5.
Satellite parabolic (dish) antennas.
a.
Satellite parabolic antennas may not be included as a part of an antenna array mounted on an existing building except in the use districts described in this Chapter as "I-2", "I-3" and "PUD".
b.
Satellite parabolic antennas and microwave parabolic antennas of wireless communications service providers may be installed, erected and maintained on the ground or on foundations without an antenna support structure in use districts described in this Chapter as "C-2", "I-1", "I-2", "I-3" and "PUD". Parabolic antennas that are installed, erected and maintained on the ground shall:
(1)
Be set back from all streets, alleys and other public ways a distance of not less than twenty-five (25) feet;
(2)
Be set back from any adjoining residential use a distance of not less that forty (40) feet;
(3)
Be placed to maintain all minimum setbacks of the district where the antennas are located;
(4)
Be surrounded by an opaque fence six (6) feet or more in height.
c.
Microwave parabolic antennas may be mounted on lattice towers and monopole towers as a part of an antenna array or midway along such tower and not as a part of an antenna array.
d.
Microwave parabolic antennas may be installed, erected or maintained by wireless communications providers on alternative antenna support structures if they are adequately obscured and screened as determined by the Planning and Zoning Commission.
6.
In all use districts, ancillary antennas and other devices designed for the reception and/or transmission of radio frequency (RF), microwave or other communications technology which are of a small size and easily obscured from view, may be installed, erected, mounted and maintained on lattice towers, monopole towers (where permitted), antenna arrays (where permitted), existing buildings without reference to the roof configuration and on alternative antenna support structures; provided however, appropriate means shall be employed to obscure such antennas and/or other devices from view by persons passing by or standing below, and the means and methods of creating such obscurity shall be as proposed by the applicant and approved by the City Administrator or his/her designee, subject to appeal to the Appeal Board of Adjustment in accordance with Chapter.