City of Marshfield, MO Supplementary Zoning Regulations

[R.O. 2014 §410.010; Ord. No. 201 §601, 11-14-1967; Ord. No. 1072 §1, 4-8-2004; Ord. No. 1077 §1, 6-10-2004; Ord. No. 1441 §1, 6-10-2010; Ord. No. 1916, 5-28-2020[1]]

Intent. Building additions or improvements are to be attached to the principal building in a manner consistent with the zoning provisions of this Chapter and the Building and Construction Codes (Chapter 500). When not so attached, buildings or uses shall be deemed either accessory structures or accessory uses and be in compliance with the requirement of this Section.

Accessory Buildings — Development Criteria.

Zoning. Accessory buildings as defined in Section 400.080 and as regulated herein are permitted in any district. However, no accessory building shall be constructed or placed on any lot prior to the start of construction of the principal building to which it is accessory, except as provided in this Section.

Location And Placement.

Residential Districts. No accessory building hereafter constructed within the "R-1," "R-2," "R-3" and "R-4" districts shall:

(1)

Be placed between the front of the principal building and the front property line.

(2)

Be placed closer than ten (10) feet from the principal building, or closer than five (5) feet from any other building on the lot.

(3)

Be placed closer than five (5) feet to the rear property line.

(4)

For interior lots, be placed closer than five (5) feet to the side property line.

(5)

For corner or external lots, be placed closer than twenty (20) feet to the side lot line adjacent to the street right-of-way. Setbacks from interior side yard lot lines for comer and external lots shall be at least five (5) feet.

(6)

On reversed corner lots, be placed closer to the side yard adjacent to the street than the abutting required front yard of the adjoining lot. Setbacks from interior side yard lot lines for reverse corner lots shall be at least five (5) feet.

(7)

Encroach into any public easement.

(8)

Be used as a sleeping quarters.

(9)

Be used for any purpose other than that which is accessory to the use of the property.

(10)

Be used by anyone other than a resident of the premises.

Non-Residential Districts. The following shall apply to accessory buildings hereafter constructed within the "A," "B-1," "B-2," "B-3," "I-1" and "I-2" zoning districts:

[Ord. No. 1976, 1-14-2021]

(1)

No accessory building shall occupy a required front yard setback.

(2)

No accessory building shall encroach into any easement.

(3)

Accessory buildings may be placed zero (0) feet from any interior side or rear property line unless the lot abuts a residential dwelling or a lot zoned for residential purposes, in which case a minimum setback of fifteen (15) feet shall apply. However, in no case shall an accessory use be within a dedicated buffer area, if present.

(4)

For corner or external lots, accessory buildings shall be placed a minimum of fifteen (15) feet from lot lines adjacent to the street right-of-way.

Lot Coverage, Appearance, Height And Size In Residential Districts.

An accessory building shall not exceed the gross floor area of the principal building or principal use served.

No single permanent accessory building shall exceed one thousand two hundred (1,200) feet of gross floor areas unless specifically approved by the Board of Aldermen.

Notwithstanding features unique to each lot which may cause to limit accessory building size, such as but not limited to lot shape, topography, easement locations, setbacks and location of other existing structures on the property, square foot size of the principal structure, and separate covenants and restrictions applicable to the property, the following shall be applicable to maximum lot coverage for accessory building(s):

(1)

On lots and parcels of less than five thousand (5,000) square feet in the "R-1," "R-2," "R-3" and "R-4" residential districts, no single permanent accessory building shall occupy more than forty percent (40%) of the area of the side and rear yards, nor shall the combined footprint area of all accessory buildings occupy more than fifty percent (50%) of the area of the side and rear yards of the lot or parcel.

(2)

On lots and parcels of five thousand (5,000) square feet or greater in the "R-1," "R-2," "R-3" and "R-4" residential districts, no single permanent accessory building shall occupy more than twenty percent (20%) of the area of the side and rear yards, nor shall the combined footprint area of all accessory buildings occupy more than thirty percent (30%) of the area of the side and rear yards of the lot or parcel.

Accessory buildings shall not exceed the height of the home or principal structure.

Roof pitch for accessory structures exceeding fifteen (15) feet in height must be constructed at a pitch similar to the majority of the roof on the principal structure. A deviation of up to plus or minus eight and thirty-three hundredths percent (8.33%) shall be allowed. For example, if the roof pitch on the principal structure is 9/ 12, then the roof pitch on the accessory structure may be as little as 8/12 or as much as 10/12.

All accessory buildings, including portable accessory buildings, shall be of similar color and design as the house. Approved primary exterior materials include any combination of wood, brick, metal, or vinyl.

Accessory Uses — Development Criteria.

Zoning. Accessory uses as defined in Section 400.080 and as regulated herein are permitted in any district where the principal use to which it is accessory is permitted.

Location And Placement.

Residential Districts. In "R-1," "R-2," "R-3," and "R-4" districts:

(1)

No accessory use, including, but not limited to, accessory uses without roofs such as patios, solar panels, water fountains, and swimming pools, but excluding driveways, shall be located within five (5) feet from any interior, side or rear property line.

(2)

For the storage of boats, personal watercrafts, motorcycles, recreational vehicles, and trailers, a minimum three (3) foot setback from any side or rear lot line shall be required.

(3)

For external and reversed corner lots, no accessory use other than driveways shall be placed within the required side or rear yard setback when these yards are adjacent to any public right-of-way, except public alleys.

Non-Residential Districts. In the "B-1," "B-2," "B-3," "I-1," "I-2" and "A" districts, accessory uses may be zero (0) feet from any interior side or rear property line unless the lot abuts a residential dwelling or a lot zoned for residential purposes, in which case a minimum setback of fifteen (15) feet shall apply. However, in no case shall an accessory use be within a dedicated buffer yard area, if present.

For corner or external lots, accessory uses shall be placed a minimum of fifteen (15) feet from lot lines adjacent to the street right-of-way. Exception: Driveway entrances may be zero (0) feet from the property line.

Accessory Buildings — Portable.

Zoning. Accessory buildings which are portable as defined in Section 400.080 and as regulated herein are permitted in any district.

Location And Placement. Placement of portable accessory buildings on a lot or parcel shall adhere to the same requirements as accessory buildings as described in this Section.

Size. Portable accessory buildings shall not be greater than fifteen (15) feet in height and not larger than three hundred (300) square feet.

Number. The total number of portable buildings allowed shall be two (2). However, lot coverage limits of side and rear yards as described in this Section shall apply.

Accessory Buildings — Temporary. Temporary buildings, as defined in Section 400.080 and as regulated herein, are permitted in any district.

Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after voluntary suspension of work on the project or development after revocation of building permits, or on order by the administrative official upon a finding that said temporary structure is deemed hazardous to the public health and welfare.

Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued, and all temporary structures and facilities must be removed from the tract within thirty (30) days after all lots or dwelling units have been sold, rented or leased.

All other temporary buildings shall be reviewed and authorized by the Building Inspector for a period not to exceed twelve (12) months. However, upon request and upon a site inspection, the Building Inspector may extend such a permit for a length of time deemed appropriate, not to exceed twelve (12) months.

Temporary buildings or trailers shall comply with the underlying zoning district setback requirements, but in no case shall they be located closer than twenty-five (25) feet to a property line of any adjacent property.

Unless other provisions of the law are applicable, a building permit or occupancy permit shall be required for buildings or trailers permitted in Subsection (E)(1) of this Section.

[1]

Editor's Note: Ord. No. 1916 also changed the title of this Section from "Accessory Buildings and Portable Buildings" to "Accessory Buildings and Uses."

Section 410.020 Accessory Uses.

[R.O. 2014 §410.020; Ord. No. 201 §602, 11-14-1967]

An accessory use, as defined in Section 400.080 and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.

Section 410.030 Building Site Requirements.

[R.O. 2014 §410.030; Ord. No. 201 §§604 — 605, 11-14-1967; Ord. No. 256 §1, 9-8-1970]

Exceptions. Even though the width, depth or area is less than the minimum required by these regulations for the district, any of the following specified lots or parcels of land may be used as a building site for dwelling purposes (except in an industrial district), if all other requirements are met; provided, that no more than one (1) dwelling unit shall be placed upon any such lot or parcel:

Any lot shown on a subdivision recorded prior to November 14, 1967.

Any parcel of land purchased prior to the effective date of this Title by the present owner or by a person from whom the present owner acquired it through testamentary disposition or intestate succession, where no adjacent land is owned, by the same person.

Any lot or parcel of land where the deficiency is due exclusively to the condemnation of a portion thereof for a public purpose or the sale thereof to any agency or political subdivision of the City, State or Federal Government.

Irregular Lots. If all other regulations for the district are met, where the side lot lines are not parallel, the minimum width requirement may be applied to the average lot width, if the width, when measured at the front lot line is at least thirty-five (35) feet and when measured twenty-five (25) feet back of the front line is at least fifty (50) feet in width.

Section 410.040 Conditional Uses.

[R.O. 2014 §410.040; Ord. No. 201 §606, 11-14-1967; Ord. No. 1786 § 1, 10-12-2017]

Factors To Be Considered. In considering any application for a conditional use permit, the Planning and Zoning Commission shall give consideration to the health, safety, morals, comfort and general welfare of the inhabitants of the City, including but not limited to, the following factors:

The stability and integrity of the various zoning districts in which the subject property is located.

Conservation of property values.

Protection against fire and casualties.

Observation of general policing regulations relating to the operation of the proposed use.

Prevention of undue traffic congestion.

Promotion of traffic safety and the orderly parking of motor vehicles.

Promotion of the safety of individuals and property.

Provision for adequate light and air.

Prevention of overcrowding and excessive intensity of land uses.

10.

Provision for adequate public utilities and schools.

11.

Prevention of an invasion by inappropriate uses.

12.

Value, type and character of existing or authorized improvements and land uses.

Approval Process. The procedures for public hearing, notice, and filing fee of an application for a conditional use shall be the same as required for amendments, etc., in Chapter 430, except that the filing date must be twenty (20) days prior to any regular Commission meeting and the decision of the Planning and Zoning Commission, after public hearing, shall be final and become effective in fifteen (15) days, unless an appeal is made to the Board of Aldermen within fifteen (15) days after the decision of the Planning and Zoning Commission.

Site Plan. Applications for a conditional use must include the following:

[Ord. No. 1822, 10-11-2018; Ord. No. 2095, 7-13-2023]

A completed application form, as provided by the City, which includes, but is not necessarily limited to, a description of the subject property and its zoning designation, the proposed conditional use, and design elements intended to address the factors listed in Subsection (A) above.

Section 410.041 Social Service Agencies With A Transitional Home.

[Ord. No. 1867, 7-11-2019]

If there is a Transitional Home associated with the social service agency, the following minimum standards shall apply:

The definition of "FAMILY" per section 400.080 (Definitions) will not apply. Instead, maximum occupancy shall be determined by the number of bedrooms within the residential structure at a ratio of one (1) person per bedroom. To be considered a bedroom, said room shall have a minimum area of at least seventy (70) square feet of floor area and have natural light, ventilation, and windows or other means for escape purposes as required by the Building Code. No portion of a room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the room's minimum area.

The social service agency shall have a staff member on site whenever a resident is present, unless otherwise determined by the Planning and Zoning Commission.

The transitional home shall have a receiving area for non-residents which is separate from sleeping quarters. This area, which may also serve as a living room and/or common area for residents, shall contain at least one hundred twenty (120) square feet of gross floor area.

There shall be no accessory dwelling structures. All residential elements shall be within the principal structure.

Building Code provisions per Chapter 500 (Adoption of Building and Construction Codes) shall be applicable.

Off-street parking shall be provided at one (1) parking space per bedroom plus one (1) space for each overnight staff member, unless otherwise determined by the Planning and Zoning Commission.

As the intent of a Transitional Home is to allow for the temporary use of the facility by residents, the conditional use permit provisions shall state, and the social service agency shall abide by, the maximum residency period allowed per resident as determined by the Planning and Zoning Commission.

The City retains the right to inspect a Transitional Home per the provisions of the Residential Building Code and to verify the conditions in this Section and as may be required as part of the Conditional Use Permit are met.

The Planning and Zoning Commission may impose additional requirements as determined through the Conditional Use process in Section 410.040.

Section 410.050 Conversions of Existing Structures.

[R.O. 2014 §410.050; Ord. No. 201 §607, 11-14-1967]

The Building Inspector may permit the conversion of an existing dwelling in an "R-2" Two-Family District to provide units for not more than two (2) families, and in an "R-3" Multiple-Family District to provide dwelling units for not more than four (4) families provided all of the following conditions shall be met:

The dwelling shall be located on a lot having an area of not less than six thousand (6,000) square feet and the principal dwelling on the lot shall have a ground area of not less than one thousand two hundred (1,200) square feet, exclusive of open porches, and shall occupy not more than one-fourth (¼) of the ground area of such lot;

The remodeled dwelling shall provide a lot not less than three thousand (3,000) square feet per family;

No exterior remodeling shall be done, and no extensions made.

Fire escapes and outside stairways shall conform to Section 410.070, Subsection (9), of this Code.

No dwelling shall be converted unless in connection therewith it is placed in a reasonable state of repair;

Garage or off-street parking facilities shall be provided at the rate of one (1) vehicle for each family unit.

Section 410.060 Height Limitations — Exceptions.

[R.O. 2014 §410.060; Ord. No. 201 §608, 11-14-1967]

In a Residence District, a permitted building, other than a dwelling or accessory building as defined herein, may be built to a height of forty (40) feet and to a greater height if the minimum dimensions of the rear yard and each of the side yards exceed the requirement in the district by one (1) foot for each one (1) foot of additional height.

The height limitations of this Title shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; not to chimneys, ventilators, skylights, water tanks, bulk heads, other similar features and necessary mechanical appurtenances usually carried above the roof level.

The provisions of this Title shall not apply to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five (5) feet.

Section 410.070 Lot Coverage — Exceptions.

[R.O. 2014 §410.070; Ord. No. 201 §609, 11-14-1967]

In calculating the percentage of lot coverage, or required yards, for the purpose of applying the regulations of this Title, the features of a structure as hereafter set forth shall not be included as coverage, nor be considered an infringement into the required yards:

Unenclosed steps, stairways, landings, and stoops, not extending above the ground floor level.

Unenclosed surfaced walks and driveways.

Fence or trestles not exceeding five and one-half (5½) feet in height.

Retaining walls not more than eighteen (18) inches higher than the grade of the ground retained.

Flue or fireplace chimney attached to the main building.

Bay windows extending not more than eighteen (18) inches from the main building.

Cornices, canopies and eaves not extending more than three (3) feet from the main building.

Open fire escape may not project into a required side yard more than half the width of such yard.

Fire escapes, solid floor balconies and enclosed outside stairways may project to within twelve (12) feet of the rear lot line.

Section 410.080 (Reserved) [1]

[1]

Editor's Note: Former Section 410.080, Home Occupations, was repealed 10-13-2022 by Ord. No. 2052. Prior history includes R.O. 2014 § 410.080; Ord. No. 201 ; Ord. No. 525 ; Ord. No. 1472; and Ord. No. 1823.

Section 410.090 Mobile Homes.

[R.O. 2014 §410.090; Ord. No. 201 §611, 11-14-1967]

Every mobile home hereafter shall be located in a Mobile Home Park or Mobile Home Community, as defined herein.

Those mobile homes that are presently located outside of a Mobile Home Park may be continued as non-conforming uses. Once the present trailer is removed from the lot, however, no mobile home may re-occupy the lot.

A Mobile Home Park or Mobile Home Community may be located in any district in the manner provided by Section 410.140 of this Code and is subject to the following conditions: Each boundary of any Mobile Home Park or Mobile Home Community must be at least fifty (50) feet from any permanent residential building located outside the Mobile Home Park or Mobile Home Community. All sanitary systems must have approval in writing from the City.

The Mobile Home Park or Mobile Home Community shall conform to the following requirements:

The Mobile Home Park or Mobile Home Community shall be located on a well drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.

Mobile home spaces shall be provided consisting of a minimum of two thousand (2,000) square feet for each space and each space shall be clearly defined and marked.

Mobile homes shall be located on each space so that there shall be at least fifteen (15) feet clearance between mobile homes; provided, however, that with respect to mobile homes parked end-to-end, the end-to-end clearance may be less than fifteen (15) feet but not less than ten (10) feet. No mobile home shall be located closer than fifteen (15) feet from any building within the Mobile Home Park.

All mobile home spaces shall abut upon a driveway of not less than twenty (20) feet in width, which shall have unobstructed access to a public street or highway, and the sole vehicular access shall not be by an alley. All dead end driveways shall include adequate vehicular turning space or cul-de-sac.

Off-driveway parking sites shall be maintained at a minimum ratio of one (1) car space for each mobile home space.

Where the Mobile Home Park is located more than four hundred (400) feet from a public park or recreational area, one (1) or more playgrounds shall be provided which are:

Easily accessible from the mobile homes without encountering traffic hazards; and

At least two thousand five hundred (2,500) square feet per playground or twenty-five (25) square feet per mobile home space, whichever is greater.

All roadways within the Mobile Home Park shall be blacktopped or have some other dust free surfacing, maintained and adequately lighted.

All electric distribution systems, plumbing systems and telephone service systems to each mobile home space, except outlets and risers, shall be underground.

All Mobile Home Parks shall be connected to the City sanitary sewer system and satisfactory connections made available to each mobile home space.

Mobile Home Spaces. If "independent" mobile home spaces only are provided, no service building shall be required. Any Mobile Home Park providing for "dependent" mobile homes shall have one (1) or more service buildings. Such service buildings shall:

Be located fifteen (15) feet or more from any mobile home space;

Be adequately lighted;

Have the interior finished with moisture-resistant material to permit frequent washing and cleaning;

Provide at least one (1) lavatory, water closet and shower for each sex, one (1) laundry tray, one (1) slop-water drain and hot and cold water;

Have adequate heating facilities for the building and equipment which will furnish ample supply of heated water during time of peak demands;

Have all rooms well ventilated, with all openings effectively screened.

Section 410.091 Self-Service Storage Facilities.

[Ord. No. 1860, 7-11-2019; Ord. No. 1927, 5-28-2020; Ord. No. 2003, 8-26-2021]

Intent. Self-service storage facilities are designed and used for the purpose of renting or leasing individual storage space to tenants who have access to such space for the purpose of storing and removing personal properties. Self-service storage facilities are permitted in the Light Industrial ("I-1"), Heavy Industrial ("I-2") and Planned Industrial Park ("I-P") zones only, except that such facilities may be located in the General Business District ("B-3") by a conditional use permit authorized by the Planning and Zoning Commission. Unless otherwise noted, all self-service storage facilities are subject to the provisions of this Section. The Planning and Zoning Commission may impose additional requirements for self-service storage facilities when approval is required through the conditional use permit process.

Fencing And Screening.

Fencing is required around the perimeter of self-service storage facility buildings as a screening and security measure. The general and zoning district specific provisions of Section 500.430, Fence Requirements shall apply.

The required fencing shall be maintained in good order and not allowed to exist in a state of disrepair. Failure to maintain the required fencing shall be considered a violation of this Chapter.

Drive Aisles And Exterior Storage Areas.

Vehicular aisles providing access to storage units shall not be less than twenty (20) feet wide.

Exterior storage areas, when allowed, shall have a permanently dust-free surface.

Access drives are allowed to use 200PSI woven geotextile fabric placed below six (6) inches of one-half (1/2) inch to one (1) inch clean rock (no dust).

[Ord. No. 2083, 5-25-2023]

Lighting.

Exterior lighting shall be designed to ensure no off-site glare is directed to neighboring parcels. All lights shall be shielded to direct light onto the site and away from adjacent property.

Building mounted sconces shall be used instead of freestanding light poles wherever possible.

Parking.

For developments less than or equal to two hundred (200) storage units, a minimum of five (5) off-street parking spaces shall be provided. For developments greater than two hundred (200) storage units, five (5) off-street parking spaces shall be provided on the property for the first two hundred (200) units, plus one (1) additional parking space for every one hundred (100) storage units or fraction thereof.

In the "B-3" District, outdoor storage of boats, watercraft, trailers, and vehicles of any kind shall not be allowed. All items shall be stored within buildings. In industrial districts, outdoor storage of boats, watercraft, trailers, and vehicles is permissible on a permanently dust-free surface.

Prohibited Uses.

The following uses and activities shall be prohibited:

Any business activity other than the rental of storage units, including garage sales and transfer-storage enterprises that utilize vehicles as part of said business.

Servicing or repair of motor vehicles, boats, trailers, lawnmowers, or similar equipment.

Storage of hazardous, toxic, or volatile substances.

Residential uses, other than one (1) unit for a 24-hour caretaker facility.

Section 410.092 Comprehensive Marijuana Facilities.

[Ord. No. 1872, 7-25-2019; Ord. No. 2100, 7-13-2023]

Purpose. The purpose of these regulations is to:

Permit legal sale of comprehensive marijuana as set forth therein and provides detailed obligations for establishing rules and regulation for the manufacture, processing, infusing and sale, including tracking, testing, security, and background checks;

Avoid locating such facilities in close proximity to elementary and secondary schools, churches, day care centers, and day care home uses; and

Ensure that such facilities are operated in a responsible manner for the needs of the clients and surrounding land uses by minimizing any possible adverse effects on the surrounding neighborhood.

Conditional Use Permit Approval Standards For Comprehensive Marijuana Dispensary Facilities In The "B-3" (General Business District). All applications for a conditional use permit for comprehensive marijuana dispensary facilities in the "B-3" (General Business District) Zoning District shall describe the type of service intended to be delivered at that location and comply with the following requirements:

No new comprehensive marijuana dispensary facility shall be sited, at the time of application for zoning approval, within one thousand (1,000) feet of any then-existing elementary or secondary school, day care center, day care home, or church.

In the case of a freestanding facility, the distance between the facility and the school, day care center, day care home, or church shall be measured from the property line of the facility to the closest point of the property line of the school, child day care center, day care home, or church.

In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care center, day care home, or church shall be measured from the property line of the school, day care center, day care home, or church to the facility's entrance or exit closest in proximity to the school, day care center, day care home, or church.

Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot by public right-of-way.

A business license shall be obtained annually, and the owner shall verify that the conditions of the conditional use permit are still being met.

The comprehensive marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.

No comprehensive marijuana facilities shall be located in a building that contains a residence.

Facilities must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices, including, but not limited to, engineering controls, such as system design and operational processes, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources. No use shall emit an odor that creates a nuisance in violation of City Code.

The proposed conditional use shall not be operated so as to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

In determining whether the proposed use will dominate the immediate neighborhood, consideration shall be given to:

The functional classification of the street on which the site is located;

The surrounding residential districts and uses;

The location, nature and height of buildings, structures, walls, and fences on-site;

The amount of parking needed for the proposed use and the amount of parking provided on-site;

The nature and extent of landscaping and screening on the site; and

The number of trips anticipated each day to the site.

No marijuana may be smoked, ingested, or otherwise consumed on the premises of a comprehensive marijuana establishment.

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.

Should it be determined at any time that the requirements of this Section are not met, the conditional use permit to allow for the operation of the comprehensive marijuana dispensary may be suspended or withheld until such time that all requirements have been met, as determined by the City Administrator or his/her designee.

Zoning Approval Standards For Comprehensive Marijuana Facilities In The Light Industrial ("I-1") And Heavy Industrial ("I-2") Zoning Districts. All comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, and comprehensive marijuana testing facilities in the Light Industrial ("I-1") and Heavy Industrial ("I-2") Zoning Districts shall annually obtain a business license from the City of Marshfield. Prior to issuance, the operator of the comprehensive marijuana facility shall provide a written verification that the following requirements are met:

The comprehensive marijuana license issued by the State of Missouri shall be current and displayed in an open and conspicuous place on the premises.

No marijuana may be smoked, ingested, or otherwise consumed on the premises of a comprehensive marijuana establishment.

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.

If multiple licenses are issued for one (1) location, then restrictions for the highest intensity use shall apply.

Should it be determined at any time that the requirements of this Section are not met, the business license to allow for the operation of the comprehensive marijuana facility may be suspended or withheld until such time that all requirements have been met, as determined by the City Administrator or his/her designee.

Section 410.095 Mobile Vending Units (Food Trucks).

[Ord. No. 1883, 9-26-2019]

Purpose. The purpose of this Section is to regulate mobile vending units in a manner that protects the public health safety, and welfare, while also accommodating economic activity generated by operators of mobile vending units to promote an active and social pedestrian environment within appropriate areas of the City. This Section describes the permitting procedures for mobile vending units and is intended to operate in conjunction Chapter 405 (Zoning Districts) which sets forth the permitted zoning districts in which mobile vending units may operate and Chapter 605 (Business Licenses) which sets forth requirements for Occupational Licenses.

Definitions. As used in this Section, the following words shall have the prescribed meanings:

CATERING TRUCK

A motorized vehicle that includes limited kitchen facilities, such as a refrigerator case and a warmer unit with an attached griddle, for the sale of foods that are often prepackaged. Customer service is generally walk-up at the vehicle or by delivery into a building. Catering trucks, include, but are not limited to, pickup trucks with a food vending attachment added to the bed with sides that open to display a refrigerated area for beverages, shelving for snacks or food items and hot beverages.

COLLECTOR

The City Collector of the City of Marshfield.

FOOD VENDING CART

A mobile, non-motorized vehicle propelled or towed by the operator, which includes limited kitchen facilities, such as a cold storage case or cooler, a warmer unit, a small griddle, and small sinks. Customer service is generally walk-up at the cart. Food vending carts, include, but are not limited to, hot dog and frozen treat sales.

ICE CREAM VENDING VEHICLE

A motorized vehicle which continuously stops and goes, does not park at any one (1) location to provide service, and offers only pre-packaged frozen dairy or frozen water-based food products, soft serve or hand-dipped frozen dairy products or frozen water-based food products and pre-packaged beverages.

MOBILE FOOD VENDOR

A general classification of several types of mobile restaurants, including, but not limited to, food vending carts, catering trucks, and mobile food trucks, but excluding ice cream vending vehicles and mobile goods and services vendors that do not offer food products.

MOBILE FOOD TRUCK

A motorized vehicle or tow-behind trailer, which includes kitchen facilities, such as plumbing, hot water, mechanical refrigeration, cooking equipment, and dry goods storage, used for the preparation and sale of food and beverages. Food and beverages are primarily served in disposable containers or disposable dishes. Customer service is generally provided at a counter or window in the vehicle. Mobile food trucks, include, but are not limited to, concession trailers and trucks, mobile cookers, and barbeque pits which are towed.

MOBILE GOODS AND SERVICES VENDOR

A general classification of several types of mobile vending units offering non-food-related goods and services, including, but not limited to, dog grooming, clothing, shoes, jewelry, apparel, document shredding, vintage and hand-made goods, flowers, farmer's markets, books, and ATM machines.

MOBILE VENDING COURT

A designated location which allow for two (2) or more mobile vending units operating simultaneously on the same lot.

MOBILE VENDING UNIT

A term for any type of mobile vendor, including catering trucks, food vending carts, mobile food vendors, and mobile goods and services vendors, but does not include ice cream vending vehicles.

Standards And Criteria.

[Ord. No. 1968, 10-22-2020]

Mobile Vending Units — Generally. All mobile vending units shall comply with the following requirements:

Location And Placement. When located on private property, mobile vending units shall only be allowed to operate in the "B-1" Neighborhood Business District, "B-2" Central Business District, "B-3" General Business District, "I-1" Light Industrial District, and "I-2" Heavy Industrial District, subject to the provisions of this Section, and provided that each mobile vending unit operator receives written permission from the corresponding property owner prior to operating on such property.

However, in no case, shall a mobile vending unit operate or be located within or upon:

(1)

Properties developed with single-family residential dwellings or multi-family residential dwellings which do not have a mixed commercial use element.

(2)

Designated fire lanes or "no parking" zones.

(3)

Landscaped areas of the property.

(4)

Unpaved lots. Unpaved lots are those unimproved with either asphalt and/or concrete surfaces.

Operational Requirements.

(1)

Hours Of Operation. No mobile vending unit shall operate between the hours of 1:00 a.m. and 6:00 a.m. unless granted permission by the Board of Aldermen.

(2)

Signs. Signs associated with mobile vending units shall adhere to the requirements of Chapter 407 Signs, including 407.070 Temporary Signs for free-standing "A-Frame" signs.

(3)

Appurtenances And Other Items. Canopies, awnings, or umbrellas attached to the mobile vending unit shall be permitted. The use of stakes, rods, or any method of support that is required to be drilled, driven, or otherwise fixed, in asphalt pavement, curbs, sidewalks or buildings is prohibited.

(4)

Trash And Recycling. Operators of mobile vending units shall provide receptacles with self-closing lids near the front of the vending counter for use by patrons. The area around the vending unit shall be kept clean and free from litter, garbage, and debris. Trash and recycling shall be removed from the site daily.

(5)

Restrooms. Operators of mobile vending units shall provide proof of access to restroom facilities for the employee use within five hundred (500) feet of each location where the mobile vending unit will be in operation for more than two (2) hours in any single day.

(6)

Outdoor Storage. Vehicles and equipment associated with mobile vending units shall not be stored outdoors overnight on any property within the City other than property owned by the operator on which such operator has a fixed-based food service operation unless given permission to do so by the City Administrator. In addition, mobile vending units may not be parked in any residential zoning district except within fully enclosed structures.

(7)

Temporary Structure. The use by a mobile vending unit of any temporary structure or the use of a mobile vending unit as a temporary structure other than described in this Section is prohibited.

(8)

Exterior Lighting. Proper lighting to ensure pedestrian customer safety and visibility to vehicles shall be provided. All exterior lights attached to the mobile vendor unit shall be designed so that the light source is downward directed and shielded with an opaque material so as to not be visible at adjacent businesses or residences at a height greater than five (5) feet and minimize glare onto adjoining roadways and access drives.

(9)

Noise. Mobile vending units shall comply with the provisions of Section 340.250 (Unnecessary and Excessive Noise) and 127.120 (Prohibited Noises) of this Code and shall not utilize PA systems or bells when stationary.

(10)

Licenses/Permits. Required licenses and permits must always be prominently displayed in the window or on the mobile vending unit

(11)

Site Ingress/Egress. Operators shall ensure that mobile vending units do not restrict or interfere with the ingress or egress of either abutting properties or the property from which they are operating, create a public nuisance, increase traffic congestion or delay, constitute a hazard to life and property, or obstruct adequate access to fire, police or safety vehicles.

(12)

Mobile food vendors shall comply with all applicable Federal, State, and local laws, rules, and regulations, including, without limitation, applicable provisions of Webster County Health Unit regulations.

Required Licenses, Permits And Applications.

(1)

Occupational License. Every operator of a mobile vending unit shall, before doing or offering to do business, procure from the city collector an occupational license in accordance with Chapter 605 (Business Licenses) of this Code. If the mobile vending unit is a mobile food vendor or an ice cream vending vehicle, the issuance of such an occupational license shall be subject to the operator first acquiring the appropriate license or permit from the Webster County Health Unit. The operator shall also sign an acknowledgement that he or she all adhere to all provisions of this Section.

(2)

Annual Renewal Of Occupational License. Mobile vending unit operators shall renew their occupational license with the City Collector every calendar year. Licenses shall expire December 31 of each calendar year. Fees associated with a business license shall not be prorated based on date of issuance and are not transferable to other operators. If the mobile vending unit is a mobile food vendor or an ice cream vending vehicle, the issuance of an occupational license shall be subject to proof that the operator has renewed the appropriate license or permit with the Webster County Health Unit.

(3)

Sales Tax. Mobile vending unit operator must have proof of sales tax permit.

(4)

Permit Display. Mobile vending unit operators must post their business license and sales tax permit in the window or display prominently on the vehicle. This information shall be clearly visible to inspectors.

(5)

Application. Mobile vending unit operators must provide a photograph of all four (4) sides of the vending unit, proof of insurance, and proof of liability coverage as part of the occupational license application. Mobile food vendors shall also provide a food menu.

Mobile Vending Units On Private Property. There shall be two (2) classifications of private property that allow for mobile vending units:

Type I Property. A non-residential property which allows for one (1) mobile vending unit vehicle at a time to operate on the lot.

(1)

Mobile vending units complying with Section 405.050(B) (Standards and Criteria) to conduct business in districts zoned "B-1," "B-2," "B-3," "I-1" and "I-2" must have written permission from the property owner prior to applying for any City-issued occupational license or permit.

(2)

Only one (1) mobile vending unit shall be allowed on a Type I property at any given time.

(3)

No other mobile vending unit may simultaneously operate on any adjoining Type I lot.

(4)

Parking And Ingress/Egress. At the time of application for an occupational license to the City, the property owner or the mobile vending unit operator on behalf of the Type I property upon which a mobile vending unit will operate must provide an off-street parking plan that demonstrates sufficient ability to accommodate customer vehicles, safe ingress/egress access from the property onto adjoining streets, steps to ensure pedestrian safety, drive through lane location (if any), and evidence that proper internal traffic circulation on the property will occur.

(5)

Locations and/or mobile vending units not meeting these requirements are subject to revocation of the occupational license or disqualification for the property to operate as a Type I property until the above requirements are resolved.

Type 2 Property. A non-residential property which allows for two (2) or more mobile vending units to operate on a lot at the same time.

(1)

When two (2) or more mobile vending units are operating on the same non-residential lot, the lot shall be designated a mobile vending court.

(2)

Property owners operating a mobile vendor court shall be required to submit a Site Plan that shows the following:

•	Vicinity map showing general property location
•	Plan drawn to scale and large enough for clarity to show required elements
•	North arrow
•	Scale with scale bar
•	Name, address and phone number of design professional who prepared the drawings, and the seal of a design professional licensed in the State of Missouri
•	Overall lot size (in square feet and/or acres)
•	Permanent customer seating areas (if applicable)
•	Steps to be taken to ensure pedestrian safety
•	Phasing Schedule (if applicable)
•	Lot property lines and dimensions
•	Existing building locations (if any) and distance(s) (if feet) from planned mobile vending unit parking area(s)
•	Ingress/egress location(s) to property (with sufficient setback distance to ensure access and not impede internal lot traffic circulation)
•	Location(s) of permanent access points to public utilities (if any)
•	Location of any drive through lane and order window (if any) (See Section 405.095(C)(4))
•	Parking lot area (existing or proposed location) showing:
	•	Designated parking areas for customers
	•	Number of parking spaces (with dimensions)

(3)

If five (5) or more mobile vendor units are simultaneously operating within a mobile vendor court, a contact person responsible for the safety and maintenance of the area shall be on record with the City of Marshfield.

Mobile Vending Units In Public Street Right-Of-Way (ROW) And Public Property.

Mobile vending units shall not be permitted to operate within public right-of-way or on the grounds of any government office, facility, public park, recreation area, or other similar public land within the City, which is under the control, operation, or management of the City of Marshfield unless given written permission to do so by the Marshfield City Administrator.

Approval to operate in ROW or on public property shall include information as to the location, time of operation, and the number of designated parking spaces to be used.

If at one (1) location for more than two (2) hours, mobile vending units must show proof of permission from a business within five hundred (500) feet for employees to have use of restrooms (or other facilities as approved by the health authority) during hours of operation.

Mobile Vending Units With A Drive Through Service.

Drive through service in association with mobile vending units shall only be allowed in the General Business ("B-3"), Light Industrial ("I-1"), and Heavy Industrial ("I-2") zoning districts.

In districts where allowed, mobile food vendors operating in Type 1 or Type 2 locations shall provide the following additional information on the off-street parking plan or site plan:

(1)

Location of a dedicated twelve (12) foot wide drive through lane with at least three (3) stacking spaces (twenty (20) feet for each space as measured from the pick-up window) for queued automobiles.

(2)

A minimum ten (10) foot wide drive aisle width not encroaching into the drive through lane to allow vehicle access to on-site parking and vehicular ingress/egress locations on the property.

(3)

Location of designated zone(s) for walk up customers and customer seating (if applicable). This area must be visually separated from the drive through lane and the drive aisle. By way of example, the use of temporary fencing, landscape planters, or traffic delineator posts may be utilized.

(4)

All plans shall be subject to field verification by City staff to verify safety and functionality of the drive through lane.

Queuing of drive through traffic into the public street right-of-way or the vending of products directly to customers in vehicles in the public street right-of-way shall not be allowed.

At any time, drive through lanes that present a pedestrian or vehicular safety concern shall be disallowed and no longer utilized by the operator of the mobile vending unit.

Exceptions.

Ice Cream Vending Vehicles. Ice cream vending vehicles shall be allowed to operate in right-of-way in all zoning districts, and within public parks, recreation areas, or other similar public land within the City following written permission to do so by the Marshfield City Administrator, provided the following requirements are met:

(1)

No ice cream vending vehicle operating within right-of-way shall remain in any one (1) place for a period longer than necessary to make sale after having been approached or stopped for that purpose.

(2)

When stopped, an ice cream vending vehicle shall be legally parked.

(3)

When stopping to make a sale, ice cream vending vehicles that are likely to attract children as customers shall park curbside or as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic.

(4)

Ice cream vending vehicles shall comply with the requirements of Section 410.095(C)(1)(b) (Operational Requirements), 410.095(C)(1)(c) (Required Licenses, Permits and Applications), Chapter 610 (Peddler, Solicitors and Canvassers), and sales tax permits prior to operation.

Violations, Penalties And Appeals.

[Ord. No. 1968, 10-22-2020]

A business and occupation license required by this Mobile Vending Unit Code may be temporarily suspended by the City Administrator, or his or her assigns, upon the violation by the holder of any of the terms of this Chapter.

The owner, manager, or operator of a mobile vending unit that is in violation of this Chapter shall be punishable per the provisions of Chapter 435, Enforcement, Violation and Penalty. Each day that such unlawful act or violation continues shall be considered a separate offense. In addition, the City may seek recovery of costs and any other legal and equitable remedies as may be available to the City.

Any person aggrieved by the decision of the City Administrator to suspend a license shall have the right to appeal to the Board of Aldermen. Such appeal shall be taken by filing with the Board of Aldermen, within fourteen (14) days after notice of the suspension has been mailed to the licensee's last-known address as shown in the City's mobile vending unit licensing records, a written statement fully setting forth the grounds for the appeal. The Board of Aldermen shall set a place and time for hearing the appeal, and notice of such hearing shall be mailed to the licensee, postage prepaid, at his or her last-known address as shown in the City's mobile vending unit licensing records, at least fifteen (15) days prior to the date set for hearing. The Board of Aldermen shall have the authority to reinstate the permit, affirm the suspension, or fully revoke the permit. The decision and order of the Board of Aldermen on such appeal shall be final and conclusive.

Section 410.100 Non-Conforming Uses and Buildings.

[R.O. 2014 §410.100; Ord. No. 201 §§612 — 617, 11-14-1967]

Non-Conforming Use. Any use lawfully occupying a building or land at the effective date of this Title, or of subsequent amendments hereto, that does not conform to the regulations for the district in which it is located, shall be deemed to be a non-conforming use and may be continued.

Non-Conforming Building. Any building lawfully existing or in the process of construction, at the effective date of this Title, or of subsequent amendments thereto, that is wholly or partially used or designed for use contrary to the regulations for the district in which it is located, shall be deemed to be a non-conforming building and may be so used or continued in use.

Non-Conforming Building — Maintenance — Alterations — Enlargements — Restoration.

Maintenance and minor repairs necessary to keep a non-conforming building in sound condition, or as may be required by law shall be permitted.

In no case shall a non-conforming building be structurally altered unless the same will have the effect of, or actually result in, eliminating the non-conforming use.

A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use.

No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.

When a non-conforming building is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its structural value, it shall not be restored except in conformity with the district in which it is located.

Non-Conforming Use — Changes. No non-conforming use may be enlarged or extended in such a way as to occupy any required open space, on any land beyond the boundaries of the lot or parcel of land as it existed at the effective date of this Title, or to displace any conforming use in the same building or on the same parcel.

Non-Conforming Use — Abandonment. In the event that a non-conforming use of any building or premises is discontinued, or its normal operations stopped, for a continuous period of sixty (60) days, use of such building or premises shall thereafter conform to the use regulations in the district in which the same is located, except for mobile homes (See Section 410.090 Subsection (B)).

Non-Conforming Use — Elimination. Nothing contained herein shall forego the existing powers of the Governing Body of the City, in the gradual elimination of non-conforming uses and buildings; provided, that reasonable periods for amortization or particular uses and buildings shall be required as determined by the Governing Body.

Section 410.110 Parking Requirements.

[R.O. 2014 §410.110; Ord. No. 201 §618, 11-14-1967; Ord. No. 1999, 7-22-2021]

These requirements are effective upon the erection or enlargement of a structure, or the use thereof changed to any permitted use within a district.

Parking Requirements.

[Ord. No. 2082, 5-25-2023]

Table A
Use		Off-Street Spaces Required:
Residential Uses
Single- and two-family dwelling units		Two (2) spaces per each dwelling.
Multi-family dwellings		Two (2) spaces per dwelling unit for multi-family units limited to housing for the elderly. All other multi-family units require the following: two (2) spaces for a one (1) bedroom unit; one and one-half (1 1/2) spaces, per bedroom, for two (2) bedroom unit; and one (1) space per bedroom for three (3) or more bedrooms in a multi-family dwelling.
Hotels, motels and bed and breakfast		One (1) space for every two (2) guest rooms. (+) additional space for other uses within the parking requirements for other building uses in accordance with this and other Sections of the City Municipal Code.
Convalescent homes and homes for the aged		One (1) space for each three (3) beds (+) one (1) space per each two (2) employees on the largest shift.
Institutional and Educational Uses
Churches		One (1) space for every three (3) seats in the main worship area.
Grade K — 7 schools		Two (2) spaces per classroom plus an off-street passage loading area, or one (1) space per five (5) seats of the place of the largest assembly area whichever is the greater number of parking spaces.
Grade 9 — 12 schools		One (1) space per eight (8) students for which the facility is designed (+) two (2) spaces per each classroom or one space per five (5) seats of the largest place of assembly whichever is greater.
Colleges and/or universities		One (1) space for each employee of the largest shift (+) two (2) spaces for each three (3) commuting students of the largest class attendance period (+) parking for dorms, fraternities, sororities, or similar uses shall be calculated at the rate of one (1) space per each bedroom unit up to and including two (2) bedroom units. Two (2) spaces for each three (3) or more bedroom units.
Libraries, museums, and art galleries		One (1) space per three hundred (300) square feet of building floor area (+) one (1) space per each employee.
Public utility and service facilities		One (1) space for each five hundred (500) square feet gross floor area; or two (2) for each three (3) employees, whichever is greater.
Commercial Retail and Services
Automobile washing		Queuing spaces for waiting automobiles equal to three (3) times the maximum capacity for each wash bay (+) one (1) space for each two (2) employees.
Motor vehicle, manufactured homes, and recreational vehicle sales and rental		One (1) space for each four hundred (400) square feet of enclosed building floor area (+) one (1) per three thousand (3,000) square feet of open sales lot area.
Vehicle repair and body work		One (1) space per two hundred (200) square feet of gross building floor area.
Vehicle service stations		Three (3) spaces per each rack, one (1) space per one (1) employee on a work shift and one (1) space for each business vehicle.
Banks and similar facilities including drive-up facilities		One (1) per each three hundred (300) square feet of gross building floor area. Drive-up windows shall have two (2) queuing spaces in addition to one (1) space at the drive-up window and pneumatic isles.
Convenience stores with self-service gas pumps		One (1) space per each three hundred (300) square feet of gross floor area. Service area at gas pumps shall not be included in that parking area.
Dry cleaners		One (1) space per each three hundred (300) square feet of gross building floor area. Drive-up windows shall have two (2) queuing spaces in addition to one (1) space at the drive-up window.
Greenhouses and landscaping sales		One (1) space per two hundred (200) square feet of gross building floor area (+) one (1) space per each service vehicle and/or trailer.
Private nurseries, daycares, kindergartens, and children's homes		One (1) space per each five (5) children (+) one (1) space for each regular employee.
Self-service storage facilities		One (1) space for each twenty five (25) storage units without vehicle access (+) two (2) spaces if a residential manager is present (+) two (2) additional spaces for office parking.
Shopping centers and commercial strip centers, comprised of leasable space for three (3) or more tenants, commonly arranged in a row in the same principal building		Six (6) spaces per one thousand (1,000) square feet of gross floor area. Multiple buildings in the same center not attached to the principal building and/or located on separate lots or parcels (commonly referred to as "out lots") are reviewed separately regarding off-street parking regulations.
Undertaking establishments		One (1) space for every three (3) seats in the sanctuary (+) one (1) for each employee.
All other retail business, (except "B-2" zoned district)		One (1) space for every five hundred (500) square feet of gross area.
Restaurant Uses
Restaurant, sit down		One (1) space for every two and one-half (2 1/2) seats or portion thereof (+) one (1) space for each employee OR one (1) per seventy-five (75) square feet GFA OR One (1) space for every two and one-half (2 1/2) seats or portion thereof (+) one (1) space for each employee. Parking for accessory outdoor seating areas calculated at fifty percent (50%) of these standards.
Restaurant, drive-in with all food service occurring at the customer's automobile or consumed at outdoor on-site seating		One (1) per fifty (50) square feet GFA. In addition, drive-in restaurants with outdoor on-site seating shall have at least ten (10) spaces.
Restaurant, fast food or carry out		One (1) space for every two and one-half (2 1/ 2) seats or portion thereof (+) one (1) space for each employee. OR One (1) per fifty (50) square feet GFA of building area.
Restaurants with pick-up or drive thru and no on-site seating (such as mobile vending units per Section 410.095)		One (1) space for each employee of the largest shift but no less than six (6) spaces.
Any drive through use associated with restaurants		Each drive through service window shall have nine (9) queuing spaces (+) one (1) space at each window.
Office Uses, Including Medical And Dental Uses
Medical/dental facilities		One (1) space each staff doctor; (+) one (1) space for each one and one-half (1 1/2) regular employees; (+) one space for each two hundred fifty (250) square feet of gross floor area.
Hospitals		Two and one-half (2 1/2) spaces per each one (1) bed (+) one (1) space for each two hundred fifty (250) square feet of total building floor area for outpatient facilities.
Professional offices		One (1) space for each three hundred (300) square feet of gross building area (+) one (1) space for every vehicle kept on site.
Emergency services		One (1) per two hundred (200) square feet of gross building area (+) one (1) space for each emergency vehicle.
Recreational Uses
Golfing activities:
Miniature golf course		Miniature golf course: two (2) spaces per hole (+) one (1) space per two hundred (200) square feet of building area.
Driving area		Driving area: one (1) space per tee (+) one (1) space per two hundred (200) square feet of building area.
Pro golf course		Pro golf course: two (2) spaces for each hole (+) one (1) space for each employee of the largest shift (+) restaurant parking as required in this Section of the City Municipal Code.
Bowling alleys		Five (5) spaces for each alley (+) restaurant parking.
Stadiums, theaters, assembly halls, auditoriums and similar uses		One (1) space for every three (3) seats (+) one (1) for every employee.
Industrial Uses
Truck terminals, warehouses and transfer stations		Two (2) spaces for each three (3) employees (+) one (1) space for each truck and/or semi-trailer kept on site.
All other permitted uses in "I-1" and "I-2"		One (1) space per every six hundred (600) square feet of gross floor area; or two (2) spaces per every three employees (+) one (1) for each service vehicle stored on site.
Conditional uses in "I-1" and "I-2"		To be determined by the City Planning and Zoning Commission according to the use of the property.

Off-Street Parking Space Location.

Residential. All required spaces shall be located on the same parcel with the residential use.

Commercial (except the "B-2" Central Business District). Required spaces may be located on the same parcel as the commercial use, or a land parcel not more than three hundred (300) feet from the building. If the parking is located on a separate parcel, such parcel must be zoned for parking.

Commercial in the "B-2" Central Business District. Due to the availability of on-street parking in the "B-2" zoning district, retail businesses are not required to provide off-street parking. However, lots used for off-street parking of vehicles in the "B-2" District shall adhere to Section 410.110(D) Parking Lot Standards.

Industrial. Required spaces may be located on the same parcel with the conditional industrial use; or on an area not more than one thousand (1,000) feet from the building. If parking is located on a separate parcel, such parcel must be zoned for parking.

Parking Lot And Drive Aisle Standards.

Except as specified, the requirements of this Subsection are effective upon the erection or enlargement of any structure in any residential, commercial, or industrial zoning district, or the use thereof changed to any permitted use within these districts.

Except as provided in this Subsection, all off-street parking lots, off-street loading areas, drive aisles, and parking spaces shall be paved with a dust-free hard surface, including oil-and-chip, concrete, asphalt, brick paver, or other suitable surface approved by the City Building Code Official (or designee) with a minimum thickness of six (6) inches.

[Ord. No. 2082, 5-25-2023]

The dust free surface shall conform to the following criteria:

The pavement design shall be such that any material composing the pavement and the soil underneath is not displaced by traffic movement in a manner that results in flying particles and causes damage, injury, or nuisance to the people/vehicles which use the facility.

The design and construction of the pavement shall be such that the physical appearance, characteristics, performance, and rigidity of the surface that comes into direct contact with vehicles does not change with varying weather conditions. The form and texture of the surface shall be conducive to safe flow of traffic.

Notwithstanding normal wear and tear, the surface and appearance of the parking lot shall be maintained to perform as originally designed.

Driveways and access drives existing as of September 1, 2021, which are not improved with a surface specified above shall not be required to be paved unless a new structure intended to be occupied by a principal use is constructed or the driveway is reconstructed or substantially improved in the opinion of the Building Official.

Driveways and access drives in existence prior to September 1, 2021, which are resurfaced with additional gravel must be separated from the street pavement with a concrete driveway apron between the street pavement and the property line (see Exhibit 1) and built to a minimum thickness of six (6) inches. Alternatives presented in writing that result in significantly limiting loose gravel from encroaching into the street in a manner that damages street pavement and/or increases the potential for vehicle damage, tire slip hazards, or unsafe driving conditions along the street thoroughfare may be considered by the City Building Official on a case-by-case basis.

The use of permeable pavement designed with a high level of porosity to allow rainwater to pass through into the ground below, thereby reducing stormwater runoff and offsetting the amount of site-specific water detention requirements, is encouraged. While loose aggregate material does not meet the dust free requirements of this Subsection, other permeable pavement types, include, but are not limited to, porous asphalt, permeable interlocking concrete pavers, permeable clay brick pavers, resin-bound paving, and bound recycled glass porous pavement. These and similar permeable pavement types may be considered on a case-by-case basis during the Site Plan review process (per Section 410.145) and must be approved by the City Engineer.

Parking lots shall adhere to required landscaping and screening as provided in Section 410.146, Landscape Plan.

There shall be a five (5) foot wide pervious buffer placed between any property line that is adjacent to a collector or arterial street and the parking lot edge or back of curb. Except for points of automobile access, the five (5) foot buffer shall run the length of the property, parallel to the adjoining collector or arterial street. (See Exhibit 2.)

Exhibit 2

410-110 Arterial or Collector Street.tif

Dust-Free Surface; Driveways And Access Drives.[1]

[Ord. No. 2082, 5-25-2023]

The surface design shall be such that any material composing the pavement and the soil underneath is not displaced by traffic movement in a manner that results in flying particles and causes damage, injury, or nuisance to the people/vehicles which use the facility.

The surface design shall be such that the physical appearance, characteristics, performance, and rigidity of the surface that comes into direct contact with vehicles does not change with varying weather conditions. The form and texture of the surface shall be conducive to safe flow of traffic.

Notwithstanding normal wear and tear, the surface and appearance of the parking lot shall be maintained to perform as originally designed.

Driveways and access drives must be separated from the street pavement with a concrete driveway apron between the street pavement and the property line and built to a minimum thickness of six (6) inches.

Access drives in self-service storage facilities shall be allowed as a dust-free surface which includes the use of 200PSI woven geotextile fabric placed below six (6) inches of one-half (1/2) inch to one (1) inch clean rock (no dust).

[1]

Editor's Note: Former Subsection (E), Parking Dimensions And Aisle Widths, was redesignated as Subsection (G) by Ord. No. 2082.

Buffer Yard.

[Ord. No. 2082, 5-25-2023]

Parking Dimensions And Aisle Widths.

Minimum requirements for the layout of parking lots are as provided in Table B.

Section 410.120 Planned Community Unit Development.

[R.O. 2014 §410.120; Ord. No. 201 §619, 11-14-1967; Ord. No. 1824, 10-11-2018]

The owner or owners of any tract of land comprising an area of not less than four (4) acres may submit to the Building Inspector a plan for the use and development of all such tracts of land for residential purposes. Such development plan shall be referred to the Planning and Zoning Commission for study, public hearing and report to the Board of Aldermen and the Board of Aldermen may authorize rezoning and the issuance of building permits and certificates of occupancy therefore even though the use of the land and the use and location of structures including the yards and open spaces required by this Title do not conform in all respects to the regulations contained in other Sections of this Title. The procedures for filing an amendment in Chapter 430 shall be followed. In addition, Planned Community Unit Development applications shall provide a site plan per the requirements of Section 410.145, the landscape plan requirements of Section 410.146, and/or other design elements intended to address the factors listed in this Section. The Planning and Zoning Commission may recommend the development as submitted, or may modify, alter, adjust or amend the plan before recommendation, with or without conditions, or deny the plan and shall make a report to the Board of Aldermen setting forth its reasons for approval or denial of the application and, if approved, specific evidence and facts showing that the proposed community plan meets the following conditions:

That the value of building and the character of the property adjoining the area included in such plan will not be adversely affected.

That such plan is consistent with the intent and purpose of this Title to promote public health, safety, morals, and general welfare.

That the building shall be used only for residential purposes and the usual accessory uses, such as automobile parking areas, garages, and community activities, including churches; and provided that a Neighborhood Business District can be established through the regular channels.

That the average lot area per family contained in the site, exclusive of the area occupied by streets, shall be not less than the lot area per family required for the district in which the development is located.

Section 410.130 Utilities.

[R.O. 2014 §410.130; Ord. No. 201 §620, 11-14-1967; Ord. No. 315 §1, 10-8-1976]

Protection Of Sewers And Utility Lines. No building or addition thereto shall be erected over or across any public sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the City and the public utility whose lines are involved, if any.

Valves Required. All new residential and commercial construction within the City of Marshfield shall have and provide at the cost of the owner thereof a valve on the water line leading from the City owned water meter to the water system contained within said improvement, which said valve shall be readily accessible, and which said valve shall be capable of terminating the flow of water within the entire water system in said improvement.

Section 410.140 Special Uses.

[R.O. 2014 §410.140; Ord. No. 201 §621, 11-14-1967; Ord. No. 293 §1, 2-11-1975; Ord. No. 443 §1, 4-22-1982; Ord. No. 1473 §1, 12-9-2010]

Any of the following uses may be located in any district by special permission of the Planning and Zoning Commission under such conditions as the Commission may impose, and after public hearing, provided that in their judgment such use will not seriously injury the appropriate use of neighboring property and will conform to the general intent and purpose of this Title; and shall comply with the height and area regulations of the district in which they may be located.

Amusement parks, commercial baseball or athletic fields, racetracks.

Aviation fields, airports, or helio-ports.

Cemeteries, mausoleums, or crematories for the disposal of the human dead.

Golf driving ranges and miniature golf courses.

Gun clubs, skeet shoots, or target ranges.

Hospitals for the insane or feeble minded, or penal or correctional institutions.

Radio towers under such safeguards as the Board may require.

Trailer camps, trailer parks, mobile home parks, and mobile home communities.

Buildings or the use of premises for public utility purposes or public service corporations, which buildings or the uses of the Commission deems necessary for public convenience or welfare.

10.

Greenhouses.

11.

Veterinary and animal clinics.

Special use applications shall provide a site plan per the requirements of Section 410.145, a landscape plan per the requirements of Section 410.146 (unless otherwise waived by the Zoning Administrator), and/or other design elements intended to address the factors listed in this Section.

[Ord. No. 1825, 10-11-2018]

Special use applications shall follow the provisions in Section 430.090.

[Ord. No. 1825, 10-11-2018]

Section 410.145 Site Plans.

[Ord. No. 1820, 10-11-2018]

Intent. The City of Marshfield recognizes that land development may create impacts to public safety, automobile-related concerns, and aesthetic considerations. The City seeks to ensure that development addresses these potential impacts and therefore shall be subject to a site plan review. The site plan review regulates the development of structures and sites in a manner that considers the following concerns:

The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, visual impacts, stormwater runoff, etc.);

The convenience and safety of vehicular, bicycle, and pedestrian movement within the site, and in relation to adjacent areas or roads;

The protection of historic and natural environmental features on the site under review, and the historic and natural characteristics and features of adjacent areas; and

The stability of the built environment, particularly neighborhoods, by promoting urban development that is compatible with clearly identified natural resources.

Site Plans — When Required. A site plan complying with the requirements of this Section shall be provided for the following:

Conditional Uses per Section 410.140(B).

Special Uses per Section 410.140(A) and 430.090(A).

Planned Community Unit Development per Section 410.120(A).

Home Occupations per Section 410.080(B).

Any new building or any addition to an existing building, except:

One- or two-family residential buildings;

Detached accessory buildings serving single- or two-family residential uses in compliance with Section 410.010;

Detached accessory buildings comprised of less than two hundred fifty (250) square feet of gross floor area in the rear yard of any commercial or industrial use. Detached accessory buildings located on double frontage lots and corner lots shall not be exempted.

Site Plans And Building Permits. Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which the site plan review is applicable, unless site plan review approval has been granted by City staff.

[Ord. No. 2122, 10-18-2023]

Site Plans And Building Permits. Site plans shall be provided at the time of application and submittal and include the information found in Table 1.

Table 1. Site Plan Requirements
	Any new building or addition to a building, except as noted in 410.145(B)(5)	PCUO's	Conditional Use Permit	Special Use Permit	Home Occupations
General Information
Vicinity map showing general property location	•	•	•	•	•
Plan drawn to scale and large enough for clarity to show requ	•	•	○	○	○
North arrow	•	•	•	•	•
Scale with scale bar	•	•	○	○
Name, address and phone number of design professional who prepared the drawings, and the seal of a design professional licensed in the State of Missouri	•	•	○	○
Overall lot size (in square feet and/or acres)	•	•	•	•	•
Phasing Schedule (if applicable)	•	•	•	•
Buildings, Structures, and Setbacks
Scaled drawing of lot/lots with property lines and dimensions	•	•	○	○	○
Scaled drawing with building location and dimensions	•	•	○	○	○
Existing and/or proposed building setbacks	•	•	○	○	○
Distance between buildings, buildings and property lines, and building and parking areas	•	•	○	○	○
Exterior building materials	•	•	○	○	○
Exterior lighting plan. All exterior lighting shall be shielded from the sky and adjacent properties and structures, either through exterior shields or through optics within the fixture. No light projection should extend higher than horizontal from the light fixture and shall in no case create glare when visible from a public right-of-way or sidewalk or adjacent	•	•	○	○
Existing grade with 5 foot contours provided		•
Proposed grade with 5 foot contours provided		•
Dwellings units per building and/or gross floor area	•	•
Location and planned use of areas not "under roof" (including parking areas) (e.g. outdoor display of merchandise, inventory storage, patios, decks, fenced areas	•	•	○	○	•
Utilities, Easements, and Storm Water
Existing and/or proposed public and private easements including location, width, and purpose	•	•	○	○	○
Fire Hydrants	•	•
Utility poles	•	•
Underground utilities (electric, gas, telephone, cable, fiber or	•	•
Septic Tanks/tile fields	•	•
Water wells	•	•
Existing and proposed location and size of the following:
Storm Sewer pipe	•	•	○	○
Water pipe	•	•	○	○
Sanitary Sewer pipe	•	•	○	○
Manhole elevation(s)	•	•	○	○
Transportation, Access, and Parking Areas
Existing and proposed public and private streets, medians, driveways, curb cuts and turning lanes (with width dimensions in feet) within 185 feet of the property	•	•	○	○
Parking lot area (existing or proposed location) showing:
Number of parking spaces, locations, and dimensions	•	•	•	•	•
# of Employees (at peak shift)	•	•	•	•	•
# of parking spaces provided	•	•	•	•	•
Distance between parking areas, parking areas and property lines, and parking areas and buildings	•	•	○	○	○
Required Landscaping, Screening, and Landscape Islands	•	•	•	•
Dumpster location (if applicable)	•	•	•	•
Pedestrian walkways and sidewalks, including widths	•	•	•	•
Designated ADA accessible parking spaces	•	•	•	•
Location and Width of Required Fire Lanes	•	•	•	•
Landscape Plans (See Section 410.146)	•	•	•	•

• - Required

○ - Required only if a building permit will be needed.

Section 410.146 Landscaping And Screening.

[Ord. No. 1819, 10-11-2018; Ord. No. 1981, 1-28-2021[1]]

Landscape Plans — When Required.

A landscape plan shall be required for any site, structure, or use subject to Section 410.145(B), Site Plans — When Required.

All landscape plans shall be subject to the requirements of Subsections (B), General Plan Information, (E), Landscaping of Parking Lot Interiors, (F), Performance Standards, (G), Landscape Maintenance, and (H), Penalty.

Properties zoned residential ("R-1," "R-2," "R-3," and "R-4") or commercial ("B-1," "B-2," or "B-3") shall also be subject to the landscape plan requirements of Subsection (C), Residential and Commercial Landscape Requirements.

Properties zoned industrial ("I-1" and "I-2") shall also be subject to the landscape plan requirements of Subsection (D), Industrial Landscape Requirements.

General Plan Information. All landscape plans shall include the following information:

Graphic scale at 1 inch = 20 feet or 1 inch = 50 feet.

North reference.

The location of all public utilities and easements on the site.

The location of all existing and proposed parking areas.

The location, condition, size, canopy height and spread (for trees and large shrubs), and quantity of all proposed landscaping materials. Plant materials shall be identified by both the common and botanical name.

The location, size, and common name of all existing plant materials to be retained. Every effort should be made to retain trees of 12-inch diameter (at five (5) feet above the ground) or larger.

The location and common name of 12-inch diameter or larger (at five (5)_ feet above the ground) trees, which are to be removed.

Notation of all areas to be seeded or sodded.

Location, size, and materials to be used for all screening and/or outside trash enclosure areas.

Residential And Commercial Landscape Requirements. The minimum standards for landscaping in the "R-1," "R-2," "R-3," "R-4," "B-1," "B-2," and "B-3" zoning districts are as follows:

The minimum landscaping requirements for all uses, excluding single-family and duplex development, shall be one (1) tree and two (2) shrubs per five thousand (5,000) square feet of total lot area.

All portions of the site not covered with paving or buildings shall be landscaped. Permeable areas not covered with other materials shall be covered with turf or other ground cover to prevent erosion or the ponding of stormwater. Ground cover shall be utilized on all slopes in excess of a four (4) to one (1) slope to mitigate erosion.

Landscaping meeting the requirements of this Section shall not count toward the requirements of Subsection (E), Landscaping of Parking Lot Interiors, and shall be designated separately on the Landscape Plan through the use of hatching, color, and/or text.

Industrial Buffer Requirements. Industrial zoned properties ("I-1" and "I-2") shall provide buffers along all street frontages and along property lines adjacent to residentially zoned properties as follows:

Buffers along public street right-of-way:

Buffers containing landscaping shall be provided along the entire length of the public street right-of-way in the Light Industrial District ("I-1") and the Heavy Industrial District ("I-2"). The buffer shall be placed immediately behind the property line on private property and not within the public street right-of-way.

Industrial zoned properties may select from among the options below or any combination of these options, to provide this buffer. Exceptions shall be made for site ingress/egress locations and the provision of adequate sight lines at these locations for the safety of vehicular and pedestrian traffic.

Option 1: A minimum buffer of ten (10) feet in width, planted with a minimum of one (1) shade tree and seven (7) shrubs per fifty (50) linear feet of street frontage.

Option 2: A berm at least six (6) feet wide and two and one-half (2.5) feet higher than the finished elevation of the parking lot, planted with a minimum of one (1) shade tree and three (3) shrubs per fifty (50) linear feet of street frontage, with no width set dimension.

Option 3: An alternative that meets or exceeds the above options. The alternative shall be reviewed by the Planning and Zoning Commission for a recommendation with a final determination made by the Board of Aldermen.

Buffer Adjacent to Residentially Zoned Property.

A buffer shall be provided along the shared property line(s) when any Light Industrial ("I-1") or Heavy Industrial ("I-2") zoned property is adjacent to any Single-Family ("R-1"), Two-Family ("R-2"), Multiple-Family ("R-3") or Patio Home ("R-4") district.

Buffer shall be comprised of one (1) or more combination of the following:

(1)

A berm at least six (6) feet higher than the finished elevation of the adjacent grade.

(2)

A six (6) foot solid wall or fence.

Except for points of ingress/egress and the provision of adequate vehicular sight lines at these locations, no fire lanes, drive aisles, refuse containers, storage areas, vehicular maneuvering areas, sidewalks, or structures of any type shall be located within the buffer.

Property owners and/or building tenants unable to comply with this Section may provide a written request for an alternative which shall describe the circumstances and how the outcome will be consistent with the intent of this Section. Said request shall be reviewed by the Planning and Zoning Commission for a recommendation with a final determination made by the Board of Aldermen. By way of example, topographical differences between the grade of residential property and industrial property may be a reason for an alternative to the buffer requirement(s).

Landscaping Of Parking Lot Interiors In Commercial And Industrial District.

Landscaping of parking lot interiors, excluding motorized vehicle storage and sales lots, shall be required for lots that are more than one aisle in width in all zoning districts. The trees and shrubs used to meet the requirements of Subsections (C) and (D) shall not count toward this requirement.

The minimum requirement for parking lot interior landscaping shall be as follows: Not less than two and one-half percent (2.5%) of the total parking lot square footage shall be landscaped.

The number of trees used in the parking lot interior shall be not less than one (1) for each two hundred (200) square feet, or portions, thereof, of required parking lot interior landscaping.

Interior landscaped area shall be situated within the lot so as to be surrounded by parking lot pavement on at least three (3) sides.

Each landscaped area shall contain at least one (1) tree, which is adaptable to the environment of parking areas, and the remaining area shall be landscaped using shrubs, ground cover and other suitable landscaping material.

At the ends of parking rows, planted end-cap islands that are not less than nine (9) feet wide and the length of the parking row (i.e., if there is single row of 90-degree parking spaces, the length is eighteen (18) feet; if there is a double row of 90-degree parking spaces, the length is thirty-six (36) feet), with 10-foot curb radii on the side closest to the parking aisle.

In the middle of parking rows, planted interior islands that are not less than nine (9) feet wide and the length of the parking space (i.e., if there is single row of 90-degree parking spaces, the length is eighteen (18) feet; if there is a double row of 90-degree parking spaces, the length is thirty-six (36) feet), with five-foot curb radii on the side closest to the parking aisle.

At the corners of parking lots, planted corner islands, which is the area defined by the extension of the edges of intersecting parking rows.

By way of example, the following figure is provided to illustrate the intended outcomes of this Section.

Parking Lot Landscape Areas

10.

Each landscaped area shall be separated from the pavement material by straight-back concrete curbing or by an integral concrete sidewalk and curb with a vertical face so as to prevent vehicle encroachment and pavement breakup.

Performance Standards. All landscape plans shall comply with the following performance standards:

Landscaping shall not hinder the vision of motorists and pedestrians where unobstructed visibility is reasonably necessary for safe movement while entering, leaving or moving within the developed site or adjacent property.

Landscaping materials shall be selected and placed in such a manner that they do not interfere, obstruct or damage existing utilities.

Landscaping materials shall be selected and placed so that the safe use of surrounding properties is not inhibited.

Landscaping shall be selected and placed with consideration for the ultimate growth that will be achieved over time.

Landscaping with thorns, berries and other potentially harmful plant characteristics shall be carefully placed to avoid possible harm to persons and property on and off the developed site.

Existing weak-wooded trees shall be maintained so as to prevent limb breakage that has significant and apparent potential for causing harm to property or life.

Where maintenance or repair of utilities within an easement causes damage to landscaping, restoration of the landscape within a reasonable period of time shall be the property owner's responsibility.

Landscape Maintenance.

Responsibility. The owner of the premises shall be responsible for the watering, maintenance, repair, and replacement of all landscaping, fences and other visual barriers including refuse disposal area screens which have died (in the case of plant material) or fallen into disrepair (in the case of fences).

Plant Materials. All required plant materials shall be maintained in a healthy, vigorous growing condition, and neat and orderly appearance. They shall be replaced as necessary and shall be kept free of refuse and debris.

Fences And Walls. All fences, walls and other barriers shall be maintained in good repair, meaning structurally sound and attractive in appearance. All fences, required or otherwise, shall have the finished face directed toward residential property where a residential property is adjacent to or across from the subject site.

Penalty For Non-Compliance With Maintenance Standards. A property owner or developer, notified by the Building Official, and determined to be in violation of the provisions of this Section shall be granted a reasonable time period (subject to uniform and practical guidelines established by the Building Official) within which to establish or re-establish compliance. If said violation is not corrected within the given period of time, the property owner shall be subject to a fine as set forth in Chapter 435 of this Code.

[1]

Editor's Note: Ord. No. 1981 also changed the title of this Section from "Landscape Plan" to "Landscaping And Screening."

Section 410.150 Uses Not Listed — Determination.

[R.O. 2014 §410.150; Ord. No. 201 §622, 11-14-1967]

Whenever there is doubt as to the classification of a use not specifically listed or mentioned in this Title, the determination shall be made by the Planning and Zoning Commission.

The determination of the Planning and Zoning Commission shall be rendered within a reasonable time, but not to exceed thirty (30) days and shall state the class or classes of districts in which the proposed use will be added and whether it is a permitted use, a conditional use or a "Special Use."

The determination of the use shall be effective immediately, and the use specifically described shall thereafter be considered as a permitted use, a conditional use or a "Special Use" in the districts indicated and shall have the same status as other uses listed and as regulated therein.

Application for determination shall be made in writing. No specific form is required.

Section 410.160 Uses Prohibited.

[R.O. 2014 §410.160; Ord. No. 201 §623, 11-14-1967; Ord. No. 1221 §1, 7-27-2006; Ord. No. 1263 §§1 — 2, 3-8-2007; Ord. No. 1553 §1, 10-25-2012]

The following use or uses, shall be prohibited:

Residential districts.

Unlicensed or inoperable motor vehicles, unlicensed trailers, livestock trailers, farm machinery, converted buses, buses, tractor-trailer combinations, dump trucks, backhoes, skid loaders, tire driven or track driven loaders, bulldozers and other related construction equipment, flat bed trucks exceeding eight (8) feet in length and flatbed trailers over eighteen (18) feet in length.

The following shall be exempted from the prohibition set forth in subparagraph (a) above:

(1)

Any construction machinery while construction is in progress upon the premises in question;

(2)

Any vehicle or equipment providing repairs, deliveries or other services to the premises in question;

(3)

Any emergency vehicle, utility company vehicle, or vehicle on City or official governmental business;

(4)

Pickup trucks with dump beds; and

(5)

Any tractor forty-five (45) horsepower or less used in connection with the landscaping of the premises in question or other neighborhood properties, provided, however, that any such tractor shall be stored in an enclosed building or in the back yard.

(6)

Exemption for buses maintained on church property in residential districts.

No livestock, including sheep, pigs, rabbits, goats, poultry, pigeons or any other bird of the family columbidae, may be kept, fed, housed, stored, or bred in any residentially zoned areas. No bovine or equine, as defined in the Marshfield Municipal Code, may be kept, fed, housed, stored, or bred in any residentially zoned areas, except as provided in Section 405.010, Subsection (C), Conditional Uses.

[Ord. No. 1570 §1, 2-14-2013]

The following shall be exempted from prohibition set forth in subparagraph (c) above:

(1)

Keeping of six (6) or fewer laying chickens.

(a)

The maximum number of chickens allowed is six (6) per tract of land regardless of how many dwelling units are on the tract.

(b)

Only female chickens (no Guineas) shall be allowed.

(c)

It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.

(d)

Slaughter may occur for personal use provided that it is conducted in a sanitary manner, does not generate noise that creates a nuisance, and is not visible from adjacent properties or any public area or right-of-way.

(e)

Chickens shall be kept in a secured closure. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.

(f)

Enclosures shall be kept in a clean, dry, odor-free, neat, and sanitary condition at all times.

(g)

Henhouses, chicken tractors and chicken pens shall provide adequate ventilation and adequate sun and shade and shall be impermeable to rodents, wild birds, and predators, including, but not limited to, dogs and cats.

(h)

Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.

(i)

A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors shall be able to be shut and locked at night. Openings, windows, and vents shall be covered with predator and bird-proof wire with less than one (1) inch openings.

(ii)

Henhouses, chicken tractors, and chicken pens shall only be located to the defined rear of the tract of land.

(iii)

Henhouses, chicken tractors, and chicken pens shall be located at lease five (5) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school, or place of business.

(i)

Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen shall be covered with wire, aviary netting, or solid roofing.

(j)

Odors from chickens, chicken manure, or other chicken-related substances shall not be detectable at the property boundaries.

(k)

All uses shall operate in accordance with the noise standards contained in the Marshfield Municipal Code.

(l)

The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by an Animal Control Officer.

(m)

The chicken owner shall provide chicken access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds, and predators.

Commercial and Industrial Districts. No Storage or Bulk Tanks, To Be Used For The Storage of Ammonia, Fertilizers, or Any Other Chemical Compound of Liquid That Has A Danger of Explosion, or Odor, Shall Be Permitted, Unless Said Tanks Are Placed According To The Current State Safety Standards For Such Storage and Bulk Tanks.

Section 410.170 Vacated Streets and Alleys.

[R.O. 2014 §410.170; Ord. No. 201 §624, 11-14-1967]

Whenever any street, alley or other public way is vacated by official action of the Board of Aldermen, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street or alley and all areas included in such adjacent district shall then and thenceforth be subject to all regulations of the extended districts.

Section 410.180 Visibility At Intersections.

[R.O. 2014 §410.180; Ord. No. 201 §625, 11-14-1967]

On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than three and one-half (3½) feet in height measured from the crown of the street, shall be erected, placed or maintained within the triangular area formed by the intersecting street lot lines and a straight line joining said street lot lines at points which are thirty (30) feet distant from the point of intersection, measured along said street lot lines.

Section 410.190 Yard Requirements — Exception.

[R.O. 2014 §410.190; Ord. No. 201 §626, 11-14-1967]

Where the building wall is not parallel to a side or a rear lot line the required least dimension of the side yard or the rear yard along such line may be considered to be the average distance of said wall from said lot line; provided, that no such side yard shall be less than four (4) feet in width at any point, and no such rear yard be less than ten (10) feet in depth at any point, where a rear yard is required.

The following exception shall apply only where forty percent (40%) or more of the existing structures, which face the same side of a street between the same two (2) intersecting streets, have observed a front set-back greater or less than the required front yard in that district. The front yard for a dwelling hereafter erected in the same block frontage shall be the average set-back of the existing structures, but in no case shall the front yard be reduced to less than fifteen (15) feet.

On a corner or external lot, a structure may face either street, except that if a structure, including an attached garage, faces the street side yard (as defined in Section 400.080) the side yard set-back shall be the same as the required front yard set-back in the district. This does not relieve the normal front yard requirement of the lot as defined in this Title.

Section 410.200 Permits and Certificates. [1]

[R.O. 2014 §410.200; Ord. No. 201 §704, 11-14-1967; Ord. No. 371 §1, 12-28-1978; Ord. No. 415 §3, 10-9-1980; Ord. No. 1644 §1, 10-9-2014]

Building Permits.

No building, or additions to buildings or other structures, as defined herein, shall be erected, constructed, reconstructed, altered, or converted, without first obtaining a building permit from the Building Inspector so appointed. No permit shall be issued unless there is filed in the office of the Building Inspector, information including, but not limited to, construction plans and plot plans, drawn to scale, showing the exact location or locations of any proposed structures of the building site to be occupied, and other information necessary to determine if the proposed application meets the requirements of this and any other ordinance applicable. Said application shall include in writing the proposed use or uses of said buildings or premises. All normal maintenance and cosmetic repairs such as roofing, siding, painting, repair or replacement of doors or windows, not involving structural components of the building, do not require a permit. No permit shall be required for portable buildings as defined in Section 400.080.

An application for a building permit shall be approved or denied by the Building Inspector within a reasonable time, such time not to exceed ten (10) business days, from date of receipt. If application is denied, the reason for such denial shall be stated, in writing, upon the application, and applicant so notified of such denial.

Fees.

There shall be a fee for each building permit issued for construction of a residence, which said fee shall be determined in Chapter 500, Schedule A — Building Permit Fees and Certain Fees Associated Therewith.

There shall be a fee for each building permit issued for construction of a commercial building, which said fee shall be determined in Chapter 500, Schedule A — Building Permit Fees and Certain Fees Associated Therewith.

The Board of Aldermen, in its absolute discretion, is hereby authorized to waive building permit fees for public schools, governmental entities and charitable non-profit organizations, as incentives in furtherance of the economic development of the City, or in such other circumstances as may be in the best interests of the City.

[Ord. No. 1711 § 1, 7-28-2016]

A permit shall expire after one (1) year; provided however, that extensions may be made where warranted.

A record of all building permit applications and building permits issued shall be kept in the office issuing such permits.

A permit issued in accordance with the provisions of this Title and pertinent ordinances, may be revoked by the issuing officer at any time prior to the completion of the structure for which the permit was issued, when it shall appear there is a departure from the approved plans, specifications and/or requirements or conditions required under the terms of the building permit, or the same was issued under false representation, or that any other provisions of this Title or any ordinance are being violated.

Failure, refusal or neglect of any property owner, or his/her authorized representative, to apply for and secure a valid building permit, including the payment of the prescribed fee as provided, shall be reason for the issuance of a "stop order" by the Building Inspector; provided said owner or authorized representative shall have been notified in writing at least forty-eight (48) hours prior to the issuance of said "stop order" that he/she is in violation of ordinances of the City. Said "stop order" shall be posted on or near the property in question, in a conspicuous place, and no further construction shall proceed without filing for and receiving a valid permit, the fee for the issuance of a subsequent permit shall be doubled.

Occupancy Permits.

No change in the use of land, and no change in the use of existing buildings shall be made until a Certificate of Occupancy shall have been issued by the Building Inspector. A Certificate of Occupancy for a new building or the structural alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of such building, or part thereof, shall have been completed in conformity with the ordinances of the City.

Pending the issuance of a regular Certificate of Occupancy, a temporary Certificate of Occupancy may be issued by the Building Inspector which shall be valid for a period not to exceed six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed in any way as altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Title; and such temporary certificate shall not be issued except under such restrictions and limitations as will adequately ensure the safety of the occupants.

The Certificate of Occupancy shall state that the building or proposed use of the premises complies with all the building and health ordinances, and with the provisions of this Title.

A record of all Certificates of Occupancy shall be kept on file in the office of the Building Inspector and copies thereof shall be furnished on request to any premises affected.

A Certificate of Occupancy shall be required for all non-conforming uses. Application for a Certificate of Occupancy for non-conforming uses shall be filed with the Building Official within twelve (12) months from the effective date of this Title, accompanied by affidavit or proof that such non-conforming use was lawfully commenced prior to the effective date of this Title.

A fee of one dollar ($1.00) shall be paid to the Building Inspector for the issuance of any Certificate of Occupancy.

[1]

Cross Reference — Also see department of building inspection, ch. 505.

Section 410.210 Telecommunications Regulations.

[Ord. No. 1652, 1-22-2015]

Purpose.

The purpose of this regulation is to find practical solutions to the siting of telecommunications facilities and their functionally equivalent services.

The regulation allows for reasonable and fair action necessary to protect and advance the public interest.

Maintaining quality of life by balancing community and individual interests with community health and safety is the responsibility of local government when delivering services benefitting all citizens of Marshfield.

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

ALTERNATIVE TOWER STRUCTURE

Water towers, clock towers, bell steeples, light poles, electric poles and similar mounting structures that camouflage or conceal the presence of antennas.

ANTENNA

Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

APPLICANT

Any person engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services who submits an application.

APPLICATION

A request submitted by an applicant to an authority to construct a new wireless support structure, for the substantial modification of a wireless support structure, or for collocation of a wireless facility or replacement of a wireless facility on an existing structure.

BASE STATION

A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplied, and other associated electronics, and includes a structure that currently supports or houses an antenna, a transceiver, coaxial cables, power supplies, or other associated equipment.

BUILDING PERMIT

A permit issued by an authority prior to commencement of work on the collocation of wireless facilities on an existing structure, the substantial modification of a wireless support structure, or the commencement of construction of any new wireless support structure, solely to ensure that the work to be performed by the applicant satisfies the applicable building code.

CELL SITE

A generic term for a personal wireless service facility.

COLLOCATION

The placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.

ELECTRICAL TRANSMISSION TOWER

An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.

EQUIPMENT COMPOUND

An area surrounding or near a wireless support structure within which are located wireless facilities.

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed or box at the base of the mount used to contain batteries and electrical equipment. Also known as "base transceiver stations."

EXISTING STRUCTURE

A structure that exists at the time a request to place wireless facilities on a structure is filed with an authority. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with applicable building codes, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.

FUNCTIONALLY EQUIVALENT SERVICE

According to the Telecommunications Act, these five (5) services are considered functionally equivalent services and must receive the same treatment by local government:

Cellular;

Personal communications services (PCS);

Enhanced specialized mobile radio;

Specialized mobile radio; and

Paging.

GUYED TOWER

A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a commercial mobile radio services system.

MONOPOLE

A type of mount that is self-supporting with a single shaft or wood, steel or concrete and a platform for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted. Types of mounts include roof-mount, side-mount, ground-mount (tower) and structure-mount.

PCS (PERSONAL COMMUNICATIONS SERVICES)

An advanced form of radiotelephone services, capable of transmitting and receiving voice, data, text, and video messaging. PCS operates in the 1850 to 1990 MHz range.

REPLACEMENT

Includes constructing a new wireless support structure of equal proportions and of equal height of such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.

SUBSTANTIAL MODIFICATION

The mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed, increases the existing vertical height of the structure by more than ten percent (10%); or the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable); involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.

TELECOMMUNICATIONS FACILITY

Any antennas, microwave dishes, guy wires, or cables that send or receive radio frequency signals, and including such accessory structures as towers, equipment shelters, and fences.

The definition shall not include:

Towers located in an area zoned for commercial or manufacturing use able to meet the setback requirements set forth within this regulation. Such tower may be accessory to the principal use.

Any antenna one (1) meter or less in diameter located in any zone.

Any antenna in excess of one (1) meter in diameter which is utilized for the reception of broadcast television, video, or radio signals which may be accessory to the primary use on the premises of the holder of the broadcast license.

Communication towers and antennas used for non-commercial purposes, such as ham radio operation or receive only antennas do not require a conditional use permit as long as the above-mentioned setback requirements are adhered to.

Public utility owned poles, which shall include municipal utility owned poles, to which antenna facilities are attached; said utility poles are subject to the requirements of Subsection (O) of this Section.

UTILITY

Any person, corporation, city, municipality acting in its capacity as a utility, municipal utility board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, wastewater, data, cable television, or telecommunications or internet protocol-related services.

UTILITY POLE

A structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephone, cable television, or electricity, or to provide lighting.

WATER TOWER

A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

WIRELESS COMMUNICATIONS SERVICE

Includes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301.

WIRELESS FACILITY

The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.

WIRELESS SUPPORT STRUCTURE

A structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.

Conditional Use Permits.

Except for public utility owned poles or similar structures to which antennas are attached in accordance with the requirements of Subsection (O) of this Section, a conditional use permit is required for the location of all telecommunications facilities in the unincorporated areas of Marshfield, Missouri, which includes:

Ground-mount telecommunications facility located within any Agriculture or Residential District;

Any existing telecommunication facility located within any Agriculture or Residential District:

(1)

Where mounting of additional antennas add more than twenty (20) feet to the height of the existing tower; or

(2)

Where the placement of additional supporting structures or equipment increases the square footage of the existing telecommunication facility compound by more than twenty-five percent (25%) while still meeting all other City of Marshfield's Zoning requirements.

A ground-mount telecommunication facility or functionally equivalent service shall be considered a principal use and may be located within any Business or Industrial District so long as the facility can maintain the setback requirements set forth within this regulation.

In granting a conditional use permit the Planning and Zoning Commission may require conditions mitigating the impact of the tower location on surrounding properties. These conditions may include in part:

Screening of the compound surrounding the equipment shelter and tower;

Lighting;

Tower height;

Landscaping of the site including building materials architectural requirements when located within or adjoining a Residential District;

Collocation analysis;

Abandonment of the site, which may require dismantling towers and structures at the owner's expense, and the reclamation of vegetation.

Communication towers and antennas used as part of a home occupation must adhere to all conditions set forth within this regulation.

Any tower associated with a home occupation and exceeding one hundred (100) feet in height requires a conditional use permit.

The application requesting the conditional use permit for the placement of a new wireless support structure or for the substantial modification of a wireless support structure, or for collocation of a wireless facility or replacement of a wireless facility on an existing structure, must include the following information:

A scale site plan showing:

(1)

Property lines,

(2)

Existing land use and zoning,

(3)

Surrounding land use and zoning,

(4)

Access roads,

(5)

Proposed structures,

(6)

Setbacks of proposed structures from property lines,

(7)

Type of proposed mount,

(8)

Proposed landscaping,

(9)

Screening or fencing,

(10)

Parking areas,

(11)

Proposed signage, and

(12)

Proposed lighting of the facility.

A written report describing:

(1)

Tower height and design,

(2)

Engineering specification detailing the tower construction,

(3)

Information on painting,

(4)

Lighting of the tower,

(5)

Tower's capacity, including:

(a)

The number and type of antennas that it can accommodate as a collocation site.

(b)

A statement in writing that the applicant conducted an analysis of available collocation opportunities on existing wireless towers within the same search ring defined by the applicant and that other existing towers or structures do not provide a suitable location for the proposed telecommunications facility.

(c)

A copy of a deed to the real estate the applicant is requesting a conditional use permit to place a new wireless support structure, or a copy of a lease or letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue this application.

In granting a conditional use permit the Planning and Zoning Commission will consider, but is not limited to, the following factors:

Height of the proposed tower, provided the Commission will not impose any restriction with respect to objects in navigable airspace that are greater than or in conflict with the restrictions imposed by the Federal Aviation Administration.

Proximity of the tower to residential structures and boundaries.

Nature of uses on adjacent and nearby properties.

Surrounding topography.

Surrounding tree and vegetative cover.

Design of the tower, including characteristics that reduce visual obtrusiveness.

A conditional use permit is required for the installation of an antenna on an existing structure other than a tower, such as a building, water tower, light pole or other non-residential structure, provided that the antenna (including the supporting masts, etc.) meet all other City of Marshfield Zoning Regulations. For collocation to any certified historic structure as defined in Section 253.545, RSMo., in addition to all other applicable time requirements, there shall be a twenty-day time period before approval of an application.

In the above-mentioned cases, when approved, the mount shall be considered to be an accessory use to the principal use.

Additional Requirements.

All towers must meet or exceed current Federal standards and regulations of the FAA, the FCC, and any other agency of the Federal or State government regulating the construction and specifications of towers and antennas.

If such standards change, the tower and antenna owners governed by this Section 410.210 shall bring such tower or antenna in compliance with the revised standards within the time mandated by the controlling agency.

Tower Designed For Collocation.

Each applicant agrees to cooperate with the City and other applicants by designing towers such that other users may collocate upon the same tower.

Specifically, unless otherwise authorized by the Planning and Zoning Commission, towers shall have such capacity that additional equipment by the principal user of the tower may be added or secondary users might lease the balance of the tower.

One (1) amateur antenna can be considered in satisfying the secondary collocation criteria for commercial towers.

Towers less than sixty (60) feet in height are not required to meet the above-mentioned collocation criteria.

Applicants must notify the City Administrator in writing of the name and address of any and all co-users of a tower or antenna.

Proposal On City Owned Property. Any proposal to lease space on City owned property or structures must be recommended by the City of Marshfield Planning and Zoning Commission to the Board of Aldermen of the City.

Adherence To Building Regulations And Required Certificate Of Insurance.

All towers governed by this Section 410.210 constructed within the City of Marshfield must be permitted by and adhere to all City of Marshfield building regulations.

All towers greater than two hundred (200) feet in height shall be inspected before a final permit is issued and a copy of the inspection approval as well as certificate of insurance must be on file with the City of Marshfield Building Regulations Department office.

A copy of all required subsequent inspections must be filed with the Building Regulations Department.

All other towers must provide a certificate of insurance before any building permits shall be issued.

Required Fencing. All ground-mount telecommunication facilities shall be secured with a minimum six-foot security fencing, the towers equipped with appropriate anti-climbing devices, and clearly marked "No Trespassing."

Accessory Equipment or Vehicles. No accessory equipment or vehicles will be allowed to be stored on site unless used in direct support of the communication facility, unless repairs to the tower are then currently in progress.

Setbacks.

Towers located within a Residential District must be set back from the property line a distance equal to the overall height of the tower constructed, or a minimum setback for the zoning district, whichever is greater.

Towers located adjacent to any Residential District must be set back a minimum distance equal to the height of the tower.

Guy wires and other support structures shall maintain a minimum of twenty (20) feet from the property line in any district.

All towers and accessory buildings must adhere to the minimum setback requirements within the zoning district in which they are located.

Landscaping.

The street frontage or front yard of any tower located within any Residential District shall maintain the yard in a manner consistent with the residential character of the surrounding neighborhood.

The perimeter of the telecommunications facility site shall be screened, at a minimum, with a course of coniferous trees, at least six (6) feet in height at the time of planting, ten (10) feet on center.

The applicant shall, upon application for a conditional use permit, submit a landscape/site plan detailing the plantings and/or other features such as privacy fencing, earthen berm, or natural vegetation buffering the proposed site to be approved.

Existing mature tree growth and natural land forms on or surrounding the communication facility should be preserved to the maximum extent possible.

In some cases natural growth around the property perimeter may be a sufficient buffer to waive the above-mentioned landscape requirements.

Those towers located within two hundred and fifty (250) feet of a Residential District may be subject to the landscaping requirements within the nearby Residential Districts.

Lighting.

Towers will be artificially illuminated if required by a FAA or other governing authority.

The lighting shall be designed with the required guidelines, yet should cause the least impact on surrounding or nearby properties.

Security lighting around the base of the tower must have direct rays confined to the property and may be required to be incandescent in nature.

Tower And Support Building Appearance.

The tower shall be maintained with a galvanized steel finish or, subject to FAA standards, painted a neutral color to lessen visual impact or camouflaged to harmonize with the surrounding environment.

The support buildings within a telecommunication facility shall, to the extent possible, be designed to blend into the surrounding setting in which they are being sited. This may include, in addition to landscaping and screening, residential style architecture with pitched roof, siding, and color.

Discontinued Use.

Any tower no longer in use for the original purpose granted by the conditional use permit or serving as an approved collocation site must be dismantled and removed within one hundred and eighty (180) days of the cessation of operations.

The owner of the tower must notify the City of Marshfield Building Regulations Department with a copy of any notice given to the FCC relating to its intent to cease operations.

Upon removal, the tower owners will reclaim the site by obtaining the property grading permits from the City of Marshfield Building Regulations Department and reclaiming the disturbed area according to the City of Marshfield Zoning Regulations.

Weeds and other rank vegetation shall apply to all sites pertaining to the Marshfield City Code.

An extension to the one-hundred-eighty-day period may be granted by the Building Regulations Department of the City of Marshfield if good faith effort is made to resolve the situation.

Public Utility Owned Poles.

Antenna facility attachments may be located on public utility owned poles used for the distribution of electrical service, located within a road right-of-way, utility easement or private property in any zoning district as permitted use, subject to the following standards and conditions:

The public utility owned pole shall not exceed one hundred and twenty (120) feet in height above the original grade at the site of the installation.

The public utility owned pole shall be designed to withstand applicable wind load requirements as prescribed by the State of Missouri.

The public utility owned pole shall not have fixed or attached to it, in any way, any lights, reflectors, flashers, daytime strobes, or steady nighttime light or other illuminating devices except in the case of a streetlight structure being utilized or as may be required by the Federal Aviation Administration.

If at a later date the utility pole is not used for an antenna facility attachment, said antenna facility attachment shall be removed within one (1) year of non-use.

The public utility, as the owner of the utility pole, shall ensure that the public utility pole meets all Federal Aviation Administration requirements, if necessary.

Changes required for public improvements. If any of the following shall take place any time while the public utility owned pole is being used as an antenna facility attachment, the public utility shall, at its own cost and expense and upon reasonable notice by the City, promptly protect or promptly alter or relocate the public utility owned pole, so as to conform with such new grades or lines or as necessary to not interfere with the City project or work in accordance with a schedule approved by the City of Marshfield Street Superintendent or his designee:

To prevent interference with a present or future City use of the rights-of-way;

To prevent interference with a public improvement undertaken by the City including but not limited to a change in grade or lines of the rights-of-way or infrastructure therein;

When necessary because of traffic congestion, street vacations, and freeway grading, sewer, drain, or tract installations or to otherwise prevent interference with the safety and convenience of ordinary travel over the rights-of-way;

When required to protect the public health, safety and welfare.

In the event that the public utility unreasonably refuses or neglects to so protect alter or relocate the public utility owned pole, the City shall have the right to break through, remove, alter or relocate such public utility owned pole without any liability to the public utility. The public utility subject to the terms of this Section 410.210 shall pay to the City the costs including overhead incurred in connection with such breaking through, removal, alteration or relocation and indemnify and hold the City harmless for any claims arising out of the City breaking through, removing, altering or relocating said public utility owned pole.

City's emergency authority to move public utility owned pole. The City may, at any time, in case of fire, disaster or other emergency, as determined by City's officials, in their reasonable discretion, move the public utility owned pole, on, over or under the rights-of-way of the City, in which the City shall not be liable therefor to the public utility. City shall notify the public utility of such public utility owned pole to be moved, in writing prior to, if practicable, but in any event as soon as possible and in no case later than three (3) business days following any action taken under this Subsection.

Protect structures. In connection with the construction, operation, maintenance, repair, upgrade or removal of the public utility owned pole, the public utility shall, at its own cost and expense, protect any and all existing structures or drainage facilities belonging to the City and all designated landmarks. Any such alteration shall be made by the public utility at its own cost and expense. The public utility agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the City, any City structure or any other rights-of-way of the City involved in the construction, operation, maintenance, repair, upgrade or removal of the public utility owned pole that may become disturbed or damaged as a result of any work thereon by or on behalf of the public utility. Further, the public utility subject to the terms of this Section 410.210 shall compensate the City for all damages to any real or personal property of any kind whatsoever under the City's management or control resulting from work done by the public utility.

Building permit for antenna facility attachment to public utility owned poles.

No person or entity shall place, construct, or attach an antenna to a public utility owned pole without first having obtained a written statement of approval from the public utility owner, a building permit from the City of Marshfield Building Regulations Department, pay the necessary fees, and comply with all City Zoning Code. All antenna facilities to be mounted to public utility owned poles are subject to plan review and inspection by the City of Marshfield to determine compliance with the International Building Code and the requirements of the City of Marshfield Zoning Code. The applicant shall provide to the City all information as required by this and any other applicable regulations of the City at the time of the application for a building permit.

In addition to any other requirements of this or any other Section of these regulations, the building permit application for the antenna facility to be mounted on a public utility owned pole shall include the following:

(1)

A report and plan from a qualified or registered engineer or firm that specifies the following:

(a)

The height of the public utility owned pole and design including cross-section and elevations.

(b)

The height above grade of the desired mounting position for the antenna.

(c)

The minimum separation distances between antenna facilities utilizing public utility owned poles, the distance from any adjoining front or side yard in a residentially zoned district from a freestanding public utility owned pole and the setback distance of a freestanding public utility owned pole from a structure or sensitive feature.

(d)

Structural mounting designs and materials list.

(e)

The design capacity of the public utility owned pole and as applicable, an engineer's stamp and number.

(f)

Drawings or photographic prospective showing the public utility owned pole and antenna facility.

(2)

Structural and electrical plans showing how the public utility owned pole will accommodate the collocation of the applicant's antenna facility.

(3)

Copies of approvals from the Federal Communications Commission (FCC) and a statement that the antenna facility complies with the limits of radio frequency emission standards set by the Federal Communications Commission. The statement shall list the particular FCC measured permitted emissions (MPE) limit and the tested or design limit for the proposed antenna facility.

(4)

Plans and specifications showing how the proposed antenna facility will be maintained in keeping with International Building Codes adopted by the City.

(5)

Plan details reflecting the following requirements:

(a)

The antenna facility shall be constructed of or treated with corrosive resistant material.

(b)

Equipment shall be housed in an enclosure mounted to the public utility pole, if approved by the public utility, or may be ground-mounted on a concrete pad. In either approach, the equipment and or enclosure shall not obstruct a public sidewalk, public street, or public alley.

(c)

Antennas are limited to panel antennas or omnidirectional antennas.

(d)

Antennas shall not exceed the height of the public utility pole.

(e)

Freestanding public utility owned poles that are located in residentially zoned districts in the City shall not be located in an adjoining front or side yard within two hundred (200) feet of any residential dwelling, subject to the City Zoning Code.

(f)

Antenna facilities utilizing public utility owned poles located in residentially zoned districts in the City shall maintain minimum spacing of one-fourth (1/4) mile between such antenna facilities unless it can be demonstrated to the satisfaction of the City of Marshfield Building Regulations Department that physical limitations, such as topography, terrain, tree cover or location of buildings, in the immediate service area prohibits adequate service of the applicant.

(g)

Freestanding public utility owned poles shall be set back one (1) times the public utility pole, plus ten (10) feet from the nearest residential structure, commercial or retail building, water supply, sinkhole or any historic feature.

(h)

Ground-mounted equipment shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment or the installation of a privacy fence.

The City may, annually, inspect any antenna facility installed to insure its structural integrity and the applicant shall pay the City an inspection fee. If upon such inspection, the City's duly designated inspector determines that the antenna facility fails to comply with such applicable codes or regulations and that such failure constitutes a danger to persons or property, then upon notice being provided to the owner of the antenna facility, the owner shall have thirty (30) days to bring the antenna facility into compliance with the applicable codes and standards. Failure to bring the antenna facility into compliance within the said thirty (30) days shall constitute grounds for the removal of the antenna facility by the City at the owner's expense.

Changes Required For Public Improvements.

If any of the following shall take place any time while an applicant's antenna facility is within the City's rights-of-way or on private property, then the applicant or any other person holding a leasehold or other ownership interest shall, at its own cost and expense and upon reasonable notice by City, promptly protect or promptly alter or relocate the antenna facility or any part thereof, so as to conform with such new grades or lines or as necessary to not interfere with the City project or work in accordance with a schedule approved by the City of Marshfield Street Superintendent or his designee:

To prevent interference with a present or future City use of the rights-of-way;

To prevent interference with a public improvement undertaken by the City including but not limited to a change in grade or lines of the rights-of-way or infrastructure therein;

When necessary because of traffic congestion, street vacations, freeway grading, sewer, drain, or tract installations or to otherwise prevent interference with the safety and convenience of ordinary travel over the rights-of-way;

If applicant's property has not been removed following abandonment thereof under this Section 410.210;

When required to protect the public health, safety and welfare.

In the event that an applicant or such other person unreasonably refuses or neglects to so protect, alter or relocate all or part of the antenna facility, the City shall have the right to break through, remove, alter or relocate such part of the antenna facility without any liability to an owner, applicant or other person, or customers of the applicant or other person or others. The applicant or other persons subject to the terms of this Section 410.210 shall pay to the City the costs including overhead incurred in connection with such breaking through, removal, alteration or relocation and indemnify and hold the City harmless for any claims arising out of the City breaking through, removing, altering or relocating said antenna facility or part thereof.

City's Emergency Authority To Move Antenna Facility. The City may, at any time, in case of fire, disaster or other emergency, as determined by the City's officials in their reasonable discretion, cut or move any part or parts of the antenna facility on, over or under the rights-of-way of the City, in which event the City shall not be liable therefor to an owner, applicant or other person, its service area or customers. City shall notify an owner, applicant, or other person owning an interest in the antenna facility to be moved, if such person has provided the City with a local agent for this purpose, in writing prior to, if practicable, but in any event as soon as possible and in no case later than three (3) business days, following any action taken under this Subsection.

Applicants And Owners Required To Move Antenna Facility. An owner, or applicant, upon prior written notice by the City or any person holding a permit to move any structure, shall temporarily move any part of its antenna facility to permit the moving of said structure. Such movement of owner's or applicant's antenna facility shall be undertaken within a reasonable time period under the circumstances. An owner or applicant may impose a reasonable charge on any person other than the City, or its contractors performing City work, for any such movement of its antenna facility.

Protect Structures. In connection with the construction, operation, maintenance, repair, upgrade or removal of the antenna facility, an applicant shall, at its own cost and expense, protect any and all existing structures or drainage facilities belonging to the City and all designated landmarks, as well as all other structures within any designated landmark district. Applicant shall obtain the prior written approval of the City before altering any power facility, sewerage or drainage facility, or any other City structure on, over or under the rights-of-way of the City required because of the presence of the antenna facility. Any such alteration shall be made by the applicant at its own cost and expense and in a manner prescribed by the City. An applicant agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to its prior condition in any manner as may be reasonably specified by the City, any City structure or any other rights-of-way of the City involved in the construction, operation, maintenance, repair, upgrade or removal of the antenna facility that may become disturbed or damaged as a result of any work thereon by or on behalf of an applicant. Further, applicant or any other person who is subject to the terms of this Section 410.210 shall compensate the City for all damages to any real or personal property of any kind whatsoever under the City's management or control resulting from work done by or on behalf of such person or applicant.

Safety Precautions. Applicant shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel and suitable and sufficient lighting, and such other requirements prescribed by law or industry standards, custom and practice, if applicable. An applicant shall comply with all applicable Federal, State and local requirements including but not limited to the National Electric Safety Code.

Repair Of Rights-Of-Way And Property. Any and all roads or public property or private property which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the antenna facility shall be promptly repaired by applicant, at its expense, to a condition as good as that prevailing prior to construction. If applicant fails to repair or replace or otherwise correct a road or property, the City may draw on its performance bond and complete any repair, replacement or other correction. If no performance bond is available, applicant shall pay within twenty (20) days of receipt of the invoice for the City's actual costs in repairing the rights-of-way to a condition as good as that prevailing prior to construction. Repair work, whether performed by applicant or any other person, shall be to the specifications and requirements of the Building Regulations Department as amended from time to time and on file with the Department. Changes in the specifications for repair to the rights-of-way shall be approved by the Board of Aldermen.

Antenna Facility Maintenance. An applicant shall:

Put, keep and maintain all parts of its antenna facility on the City's rights-of-way in good condition so as not to create the possibility of injury to any person, or property, including the rights-of-way itself.

Install and maintain its antenna facility in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all applicable other Federal, State and local laws or regulations. Failure to install and maintain its antenna facility in accordance with the foregoing specifications shall relieve any party, including the City, from liability for cutting, damaging or otherwise injuring the antenna facility.

At all reasonable times, permit examination by any duly authorized representative of the City, of the antenna facility, together with any appurtenant property of an applicant situated within or on City rights-of-way or other property.

Damages And Defense.

Any applicants and any persons subject to the terms of these regulations who has an antenna facility on a public utility pole located in the City right-of-way or on City property under this regulation shall indemnify, defend, and hold harmless the City for all damages and penalties, at all times said antenna facility is located on City property or right-of-way, as a result of the procedures for granting or denial of the building permit, applicant's conduct or performance under this regulation, or a permit. These damages and penalties shall include, but shall not be limited to, damages arising out of personal injury, death, property damage, copyright infringement, defamation, antitrust, errors and omission, theft, fire, and all other damages arising out of the applicant or any other person's exercise of the privileges extended under this regulation, whether or not any act or omission complained of is authorized, allowed or prohibited by this regulation of the City; such indemnification shall include, but not be limited to, reasonable attorney's fees and costs and shall cover all manner of litigation regardless of who the parties are.

In order for the City to assert its rights to be indemnified, defended, or held harmless, the City must:

Notify applicant of any claim or legal proceeding which gives rise to such right;

Afford applicant or any excepted person the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding, unless, however, the City, in its sole discretion, determines that its interests cannot be represented in good faith by applicant; and

(1)

Fully cooperate with the reasonable requests of applicant, at applicant's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to Subsection (W)(2) above.

(2)

Act reasonably under all circumstances so as to protect the indemnitor against liability and refrain from compromising any of indemnitor's rights. However, no claim shall be settled or compromised without prior notice to the City and without the consent of the City.

(3)

In the event the City, in its sole discretion, determines that its interest cannot be represented in good faith by applicant, the applicant shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in Subsection (W)(1) above. City shall inform applicant of the reasons for such action. These expenses shall include all out-of-pocket expenses, such as attorney's fees and costs.

Liability Insurance.

Applicant shall acquire and maintain throughout the term any antenna facility is located on City property or its right-of-way, adequate comprehensive general liability insurance with a company licensed to do business in the State of Missouri with a rating by Best of not less than an "A," or a certificate of self-insurance acceptable to the City Attorney, insuring applicant and the City, its elected officials and employees with regard to all damages mentioned in Subsection (W)(1) hereof, in an amount sufficient to cover the sovereign immunity limits for public entities as calculated by the Missouri Department of Insurance and published annually in the Missouri Register pursuant to Section 537.610, RSMo. For example, during the calendar year 2014, the applicant shall maintain comprehensive general liability insurance coverage for all claims arising out of a single accident or occurrence of at least two million six hundred fifty-seven thousand five hundred eighty-seven dollars ($2,657,587.00) and for any one person in a single accident or occurrence of at least four hundred three thousand one hundred thirty-nine dollars ($403,139.00). Applicant shall maintain liability insurance of three million dollars ($3,000,000.00) for all other types of liability. The privilege of self-insurance may be withheld from any company with a net worth of less than five million dollars ($5,000,000.00).

All amounts shown in Subsection (X)(1) shall be adjusted annually by the Missouri Department of Insurance and published annually in the Missouri Register pursuant to Section 537.610, RSMo,. to an amount equal to any change in the limits of the City's liability for conditions of its property under State or Federal law.

If applicant sells or transfers its interests in the use or ownership of the antenna facility or in the event of termination or revocation of this permit, an insurance tail, reasonably acceptable to the City, shall be purchased and filed with City for the then-applicable amounts, providing coverage for the time periods according to applicable statutes of limitation, insurance for any issues attributable to the period applicant held the permit.

At the time of acceptance, applicant shall furnish to the City a certificate evidencing that a satisfactory insurance policy has been obtained. Said certificate shall be approved by the City and such insurance policy shall require that the City be notified thirty (30) days prior to any expiration or cancellation.

All insurance policies maintained pursuant to this Subsection shall contain the following endorsement:

"It is hereby understood and agreed that this insurance policy may not be canceled by the surety, nor may the intention not to renew be stated by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew."

Maintain Records.

Applicant shall at all times maintain and make available to the City of Marshfield Building Regulations Department, or its designee, upon request, a full and complete set of plans, records and "as-built" hard copy maps or provide in electronic format compatible with City's existing GIS system, or a successor system, of all existing antenna facility on public utility owned poles, locations to property lines and depth or height of same, properly identified and described as to the types of equipment and facility by appropriate symbols and marks which shall include annotations of all rights-of-way where work will be undertaken.

Applicant need not disclose the components contained within the antenna facility to the City or other information deemed proprietary provided such information is deemed not necessary by the City of Marshfield Building Regulations Department for purposes of managing the use of the rights-of-way or ensuring the safety of the public or the rights-of-way themselves.

The electronic format to be submitted shall be to State Plane Coordinates using 1983 datum in one of the following formats:

Arc/info export file;

Arch/info coverage file;

AutoCAD drawing file; or

A dxf file.

The City of Marshfield Building Regulations Department may specify a different electronic format as needed for the City of Marshfield Building Regulations Department or such other City Department assigned the responsibility to maintain an electronic database of information relative to the City's rights-of-way, to evaluate and maintain an adequate database of infrastructure information in its sole discretion. However, nothing herein shall be construed to require any applicant to create maps or records of facilities existing as of the date of the passage of this regulation which do not already exist.

Additional Information And Reports. Upon the request of the City, an applicant shall, within a reasonable time, submit to the City any information or report reasonably related to an applicant's obligations under the regulation and any permit, its business and operations, or those of any affiliated person, with respect to the antenna facility or its operation, in such form and containing such information as the City shall specify. Such information or report shall be accurate and complete and supplied within ten (10) business days or at a time mutually agreed to by the City and applicant.

AA.

Confidentiality. If the information required to be submitted in any report, map, data compilation or other writing is proprietary in nature or must be kept confidential by Federal, State or local law, upon proper request by an applicant such information shall be treated as confidential, making it available only to those persons who must have access to perform their duties on behalf of the City, including but not limited to the Department of Finance, the Office of the City Attorney, and the Board of Aldermen, provided that an applicant notifies the City, and clearly labels the information which an applicant deems to be confidential or proprietary information. Such notification and labeling shall be the sole responsibility of the applicant. To the extent that Missouri Sunshine Law[1] or any other State or Federal requirement for privacy applies to the information to be submitted, such law shall control.

[1]

Editor's Note: See Ch. 610, RSMo.

AB.

Applicant's Expense. All reports and records required under this regulation shall be furnished at the sole expense of an owner or applicant, except as otherwise provided in this regulation or permit.