City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3674 §§1—3, 8-17-2005]
The district regulations contained in this Article qualify or supplement, as the case may be, zoning district regulations appearing elsewhere in this Chapter. Unless otherwise stated, the regulations hereafter established shall apply within all zoning districts established by this Chapter. Appendix B provides a summary of the density and dimensional regulations for each zoning district. Exceptions to these regulations are contained in this Article.
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
The following exceptions shall not be permitted within one (1) mile of an airport, landing field or landing strip, or in conflict with any governmental regulations concerning the height of structures surrounding such locations, unless they are approved by the Council.
1. 
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet, if the building is set back from each yard line at least one (1) extra foot for each extra foot, or part of a foot, of additional building height above the height limit otherwise provided in the district in which the building is built.
2. 
Single-family dwellings and two-family dwellings in the dwelling district may be increased in height by not more than ten (10) feet above the height limit otherwise provided in the district in which the building is built, provided that, the building be set back from each yard line at least one (1) extra foot for each extra foot, or part of a foot, of additional building height, but in no event shall they exceed three (3) stories in height.
3. 
Chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, communication towers, silos, farm buildings or necessary mechanical appurtenances may be erected to any lawful and safe height.
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings or swimming pools in a rear yard and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features, projection of which is not to exceed twelve (12) inches. This requirement shall not prevent the construction of covered projections in accordance with the provisions of Section 405.410 or of fences in accordance with the provisions of Section 405.390.
B. 
Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon a fire tower projecting into a yard not more than five (5) feet and the ordinary projections of chimneys and flues are permitted.
C. 
An open, unenclosed or screened porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet.
[Ord. No. 3674 §§1—3, 8-17-2005]
Where buildings are located on double frontage lots, a front yard, provided for in the zoning district in which the building is built, shall be provided on both streets.
[Ord. No. 3674 §§1—3, 8-17-2005]
In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half (½) of the alley width may be included as a portion of the rear or side yard, as the case may be.
[Ord. No. 3674 §§1—3, 8-17-2005]
More than one (1) industrial, commercial, multiple-dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of the use requirements.
[Ord. No. 4092-10 §2, 5-19-2010]
A. 
Lot Coverage. In no case shall the lot coverage of a single-family detached residential lot including driveways and all impervious surfaces exceed:
1. 
For lots seven thousand (7,000) square feet or less in area, seventy percent (70%); and
2. 
For lots greater than seven thousand (7,000) square feet in area but less than twenty thousand (20,000) square feet, sixty percent (60%); and
3. 
For lots twenty thousand (20,000) square feet or greater in area, fifty percent (50%).
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
All accessory buildings, structures and uses are subordinate and incidental to a principal building or use. Examples of accessory buildings and structures include, but are not limited to, the following: detached garages and carports, personal greenhouses, above-ground swimming pools, tennis courts, storage/utility sheds, satellite dishes/antennas. Any attached building or structure shall be considered as a part of the principal building and shall conform to all regulations applicable to said main building.
B. 
All detached accessory buildings and structures shall be permitted with the following provisions applicable:
1. 
No accessory building or structure shall be constructed upon a lot until the construction of the main building has been actually commenced, except as a temporary construction facility for the main building. No accessory structure, building or use shall be allowed to continue after termination of the primary structure, building or use on the lot.
2. 
Accessory buildings, which are to be used for storage purposes only, may be erected upon a lot prior to the construction of the main building.
3. 
No accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
4. 
Any attached building or structure shall be considered as a part of the principal or main building and conform to all regulations applicable to the principal building. The exterior color of all accessory buildings and structures shall be consistent and blend in with the color(s) of the principal building(s).
5. 
Accessory buildings and structures, except garages, must be located in the rear yard of a lot and conform to all provisions of this Chapter. No detached accessory building or structure shall be permitted in any required front yard.
6. 
Swimming pools may be built in a rear yard no less than six (6) feet from the side or rear lot lines.
7. 
Accessory buildings containing not more than one hundred (100) square feet may be built no less than two (2) feet from the side or rear lot line. Those accessory buildings containing more than one hundred (100) square feet may be built no less than six (6) feet from the side or rear lot lines.
8. 
The combined gross area of all detached accessory buildings and structures shall not exceed thirty percent (30%) of a required rear yard.
9. 
On a corner lot, all accessory buildings (except garages) and structures must be located in the rear yard of a lot on the interior side.
10. 
An accessory building or structure in a residential district shall not exceed one-half (½) the ground floor area of the principal building.
11. 
The height, or above grade elevation, of an accessory building or structure shall not exceed that of the principal building.
12. 
No accessory building or structure shall be located within or partially within a utility easement.
13. 
All detached accessory buildings or structures shall require a building permit. Said buildings and structures shall meet the required setbacks of the applicable zoning district.
14. 
In non-residential districts adjacent to dwelling districts, see appropriate district area regulations for exceptions.
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
No temporary structure, including trailers, mobile or modular homes, shall be occupied for any residential, commercial or industrial use except as specifically permitted or required by this Chapter.
B. 
The temporary occupancy of structures for emergency conditions, such as fire, explosion, flood or other disaster, shall be allowed until conditions are abated. For the purpose of this Section, temporary shall refer to a period not to exceed one (1) year or as determined by the Code Enforcement Officer.
C. 
The Code Enforcement Officer is authorized to issue a permit for a temporary use within any zoning district, provided it meets the requirements of this Section. The permit shall be issued for a specified period of time and shall contain health, safety assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances. All temporary buildings used for commercial purposes shall require a temporary use permit.
D. 
Temporary Buildings, Structures And Uses Permitted.
1. 
Christmas tree sales in any commercial or industrial district for a period not to exceed forty-five (45) days.
2. 
Contractor or construction offices, equipment sheds and/or storage sheds accessory to a construction project and to continue only during the duration of construction of such project. Temporary buildings, including trailers, are to be removed from the property within forty-five (45) days of project completion or within thirty (30) days after voluntary suspension of work on the project or revocation of building permits. An occupancy permit shall be required for all buildings and structures used as contractor or construction offices, equipment sheds and storage sheds.
3. 
Real estate offices incidental to a new housing development may continue only until the sale or lease of all dwelling units in the development. Said offices must be closed and operations discontinued and all temporary structures and facilities removed from the property within thirty (30) days after all lots or dwellings have been sold, rented or leased. An occupancy permit shall be required for all buildings and structures used as real estate or field offices.
4. 
Seasonal sales of farm produce grown on the premises within the "NU" District.
5. 
Carnivals and circuses, only in the commercial or industrial districts and only for a period not exceeding three (3) weeks per calendar year.
6. 
Residential garage and yard sales, a maximum of two (2) sales with a maximum of four (4) days per calendar year per lot.
7. 
Temporary buildings for commercial purposes, subject to the following requirements:
a. 
An approved site plan for the primary permanent building or facility prior to the installation of the temporary building.
b. 
A building permit must be issued for the permanent structure prior to installation of temporary building.
c. 
The temporary structure must comply with all Zoning, Fire and Building Code regulations.
d. 
The temporary building must be located on the same site as the permanent facility or on the property directly abutting the site of the permanent facility.
e. 
The temporary building will be allowed for a maximum of thirty (30) days from the date of installation on the site, unless additional time is approved in writing from the Code Enforcement Officer.
8. 
Temporary or outwardly incomplete buildings or structures, open excavation for a basement of foundation and buildings or structures so damaged as to become unfit for use of habitation shall not be permitted, maintained or remain in such condition for more than a time period to be stipulated by the Code Enforcement Officer.
9. 
No building material, construction equipment, machinery or refuse shall be stored, maintained or kept in the open upon any lot, parcel or tract of land other than in such districts as permitted in the Chapter, except during actual construction operations upon said lot, parcel or tract of land.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4137-11 §2, 4-6-2011]
A. 
Every dwelling erected within the City after the adoption of this Chapter shall have a minimum ground floor area of not less than nine hundred (900) square feet or a minimum of one thousand one hundred (1,100) square feet without basement, exclusive of unenclosed porches and garages, and shall provide indoor sanitary facilities. Its architecture and general appearance shall be in keeping with the character of the neighborhood so as not to be detrimental to the general welfare of the community in which it is located.
B. 
Every application for a building permit for a structure which, in the opinion of the Director of Public Works, indicates that the structure would be unsightly, grotesque and unsuitable when compared to surrounding structures or is detrimental to the stability of values of surrounding property and does not conform in general to the surrounding property shall be submitted by the Director of Public Works, along with plans, elevations, detailed drawings and specifications, to the Architectural Board of Review for recommendation before being finally approved by the Director of Public Works.
C. 
In the event an application is refused by the Director of Public Works, the applicant may appeal the action to the Board of Adjustment in accordance with the provisions of this Chapter.
D. 
If the Board of Adjustment approves an application, the Director of Public Works shall issue the permit. Upon failure by the Board of Adjustment to act within sixty (60) days after the Director of Public Works shall have delivered the plans to the Board of Adjustment, the Director of Public Works shall issue the permit.
E. 
If the Board of Adjustment denies an application with recommendations, the Director of Public Works shall issue the permit, provided that the applicant shall make appropriate changes in the drawings and specifications and agree to comply with the recommendations of the Board of Adjustment. If the applicant shall refuse to comply with the recommendations, the Director of Public Works shall refuse to issue the permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
In all zoning districts, mechanical, electrical, communication, air-conditioning or other equipment, including the base of any satellite dishes in excess of thirty-six (36) inches in diameter, located on the roof of a building shall be completely screened from view at the discretion of the Code Enforcement Officer.
[Ord. No. 3674 §§ 1 — 3, 8-17-2005; Ord. No. 4530-17 § 3, 3-15-2017[1]]
A. 
Solid Waste containers and solid waste container enclosures installed or relocated after March 15, 2017, serving: (i) multi-family facilities in the "R-6" Multi-Family Zoning District; and (ii) solid waste containers and solid waste container enclosures serving mobile home parks regardless of zoning district, and (iii) solid waste containers and solid waste container enclosures serving all non-residential facilities, shall meet the following location and design requirements and be approved by the Public Works Director or designee:
1. 
All solid waste containers for multi-family facilities in the "R-6" Zoning District, and containers serving mobile home parks as described above, and all solid waste containers serving non-residential facilities shall be enclosed on all sides as hereinafter provided.
2. 
A building permit shall be obtained prior to construction of any enclosure.
3. 
Solid waste containers and enclosures shall be located to the rear of the rear building line in a location approved by the Public Works Director or designee unless the Public Works Director or designee determines that it is impractical to locate a solid waste container and enclosure to the rear of the rear building line due to lack of appropriate access or inadequate space to install or service a solid waste container of a size appropriate for the facility.
4. 
Solid waste container enclosures shall have opaque screening on all four (4) sides constructed of the same building material and color as the primary building. Enclosures in industrial zoning districts may be constructed of chain link fencing with vinyl or similar slats that fully screen the solid waste container.
5. 
The height of solid waste container enclosures shall extend above the height of the top of the container, but in no event shall be less than six (6) feet in height.
6. 
Gates shall be mounted to concrete-filled steel posts having a minimum thickness of four (4) inches concrete-filled steel posts. Gates may be constructed of chain link fencing with vinyl or similar slats that fully screen the container. Gates not properly supported by steel posts shall be supported by a wheel.
7. 
Solid waste containers shall be set on a six-inch thick concrete pad which shall extend a minimum of six (6) feet outside the gates.
8. 
Solid waste containers located in multi-family zoning districts, or in mobile home parks regardless of zoning district, shall include a pedestrian gate or access walkway.
9. 
Solid waste container enclosures shall be located a minimum of twenty (20) feet from any adjacent property zoned or used for a single-family residence.
10. 
Enclosures and gates shall be kept in good repair and working order at all times. Any missing or damaged slats or inserts installed to comply with these screening requirements shall be replaced promptly.
[1]
Editor's Note: Section 3 of Ord. No. 4530-17 also changed the title of this Section from "Screening of Trash Bins" to "Location And Enclosure Of Solid Waste Containers For Non-Residential And Certain Multi-Family Facilities." Additionally, Section 5 of Ord. No. 4530-17 states that any solid waste container screening or enclosure approved located and installed in Hazelwood at the time of this ordinance shall be considered a legal non-conforming structure.
[Ord. No. 3674 §§1—3, 8-17-2005]
See Article XII, Section 405.595, "Supplementary Off-Street Parking and Loading Regulations".
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4190-11 §1, 12-7-2011]
A. 
Owners of multiple-family dwelling parking lots and those areas of all non-residential parking lots designed and/or utilized for public access after dark shall provide lighting during time of occupancy and said lighting shall be designed, installed and maintained so as to achieve the illumination set forth herein:
1. 
Lighting shall be maintained so as to achieve not less than eighty percent (80%) of the minimum and average illumination levels set forth in the table herein.
2. 
The Code Enforcement Officer may permit facilities related to or supported by charity to utilize the standards set forth for multiple dwellings instead of the non-residential requirements, provided illumination shall be adequate for usage.
3. 
The source of illumination shall not be lower than ten (10) feet above grade except where approved by the Code Enforcement Officer.
4. 
All lighting, including any permitted by illuminated sign, shall be arranged so there will be no annoying glare directed or reflected toward residential buildings or toward motorists on adjacent streets.
5. 
Illumination standards in foot-candles for structures and their parking areas are as follows:
Multiple Dwelling
Non-Residential
Minimum initial level at any point on the parking area
0.07
0.5
Average initial level
0.35
1.0
Maximum initial level five (5) feet from base of a standard light
3.0
8.0
6. 
For the purposes of this Section, non-residential" refers to parking areas for any land use, regardless of zoning designation, in which goods, services or entertainment are offered to the general public on the premises.
B. 
All new parking areas shall meet these requirements prior to the issuance of an occupancy permit.
C. 
All new site plans must include a photometric plan of the site.
D. 
The maximum light level shall be one-half (0.5) maintained foot-candle at any property line in or adjacent to residential zoning district and two (2.0) maintained foot-candles at any public street right-of-way or adjacent to commercial or industrial zoning district.
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
Open Mesh Type.
1. 
Open mesh type wire fences six (6) feet or less in height may be located on or within property lines in side and rear yards in dwelling districts. Such open mesh fences higher than six (6) feet may enclose public parks, recreational and school areas and lots or parcels in the "C-2" General Commercial, "C-3" Highway Commercial, "I-1" Light Industrial and "I-2" Heavy Industrial Districts. Within dwelling districts, the unfinished edge of the fence fabric shall be faced toward the ground. All open mesh type fences shall be supported at the top with a top rail designed for said purposes.
2. 
Corner lots may be fenced along the side property line, only as far as the building line on that street side, but any such fence shall not be permitted between the building line and the street right-of-way.
3. 
Double frontage lots may be fenced along the side property line, only as far as the front or rear building line, whichever is applicable for that street side, but any such fence shall not be permitted between the front or rear building line and the street right-of-way.
B. 
Wood Or Similar Type Fence.
1. 
Wood or similar type fences are those fences using wood and opaque or similar type material for the cross sections between or attached to the supporting posts, despite the material used for said supporting posts. Wood or similar type fences shall have thirty percent (30%) or more of their entire surface open and shall not be higher than four (4) feet, except as provided in "I-1" Light Industrial and "I-2" Heavy Industrial Districts. In no event may wood or similar type fencing be erected closer to the front yard than the building line. Such fence may be erected on the property line. Wood or similar type fences may be permitted on the property line where property abuts commercial or industrial districts. Further, the wood fence may be erected to the property line on interior lots at the front building line.
2. 
On corner lots, the wood fence may extend only to the building line on the street sides.
C. 
Privacy Fences.
1. 
A "privacy fence" is a wood or opaque fence which allows little or no air or light to pass through it. A privacy fence may be erected no closer to the front yard than the building line. Such fence may be constructed to a maximum height of six (6) feet. Such privacy fences may be erected on the property lines.
2. 
Privacy fences may be permitted on the property line where property abuts commercial or industrial districts. Further, the privacy fence may be erected to the property line on interior lots at the front building line.
3. 
On corner lots the privacy fence may extend only to the building line on the street sides.
4. 
The regulations for privacy fences contained herein are applicable only for residentially zoned property and for that non-residentially zoned property which abuts residentially zoned property.
D. 
Swag Or Decorative Fences. A swag or decorative fence is permitted in front of the building line if such fence is not higher than thirty (30) inches.
E. 
Barbed Wire Or Electrically Charged Fences.
1. 
No barbed wire fences shall be erected within dwelling districts or in non-dwelling districts abutting a dwelling district.
2. 
If barbed wire strands are to be installed in non-dwelling districts and the fence is located on the property line, the barbed strands must face inward, toward the owner's property. If the owner wishes to have the barbed wire strands facing outward, away from his/her property, he/she must move his/her fence inside his/her property a sufficient distance, such that the overhand of the barbed wire falls entirely within his/her property.
3. 
Electrically charged fences shall not be permitted in the City except in compliance with the requirements and limitations of this Subsection. "Electric fences" consisting of Underwriters' Laboratories' approved electrically charged elements may be used to enclose animals or exclude animals from agriculture on lots of one (1) acre or more. Such fences cannot be used as stand-alone boundary fences and must bear a sign stating "Warning: Electric Fence" or similar wording at least every two hundred (200) lineal feet.
4. 
"Electric fences", as defined above, which:
a. 
Are affixed to the interior side of an existing permitted fence, or
b. 
Are temporary or transportable in that they lack footings for supporting members and are otherwise readily capable of removal or relocation from time to time as need arises may be installed without a permit.
5. 
No razor-style wire shall be permitted.
F. 
A building permit is required for all types of fences and no fence shall be constructed or replaced unless and until a building permit is issued by the Department of Public Works. Such permit fees shall be set forth in the fee schedule kept in the offices of the Director of Public Works. Two (2) sets of plot plans indicating fence locations shall be submitted to and approved by the Department of Public Works.
[Ord. No. 4674-19, 4-17-2019]
G. 
All fences shall be constructed with the structural or supporting members located within or towards the area to be enclosed or in such a manner as to present the least conspicuous view of these members to the public.
H. 
All fences shall be maintained in good condition and repair in regard to construction and paint and maintenance and such determination shall be made by the Department of Public Works.
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
Purpose And Intent. It is the intent of this Chapter to recognize and permit home occupations as limited non-residential business activities in the "R" Dwelling Districts and to regulate such activities. In this regard, home occupations shall be regulated in order to ensure compatibility with other uses permitted in the "R" Dwelling Districts and to protect residential neighborhoods from potential adverse impacts (e.g. excessive noise, traffic, nuisances, etc.) associated with home occupations.
B. 
Permitted Uses. Examples of permitted home occupations include, but are not necessarily limited to, the following: tutoring, artist, mailings, telephone answering service and Internet-related occupations. Uses specifically prohibited include, but are not necessarily limited to, the following: auto and truck repair; auto sales; vehicle painting; storage of construction materials or equipment; retail and wholesale sales; eating or drinking establishments.
C. 
Standards. Home occupations shall be permitted as an accessory use to a residential use in any "R" Dwelling District subject to the following requirements.
1. 
A home occupation permit is required by the City. The applicant(s) shall complete and submit an application, as provided by the City, for a home occupation permit with the Code Enforcement Officer.
2. 
A home occupation permit shall be issued only to the individual occupying the dwelling as his/her residence and conducted only by persons residing within the residence. Home occupation permits shall not be transferable and shall terminate upon the sale or transfer of the property to a new owner.
3. 
A home occupation shall be conducted either within a dwelling (residence) and/or in the garage associated with the dwelling and shall be clearly incidental and subordinate to the principal use as a residential dwelling.
4. 
Home occupations shall not occupy more than twenty percent (20%) of the total floor area of the dwelling and/or garage used for the home occupation.
5. 
Home occupations shall comply with all local, County, State or Federal regulations pertaining to the activity pursued.
6. 
No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.
7. 
There shall be no visible evidence of the home occupation except for the provision of one (1) home occupation sign which is in conformance with the sign regulations of the City of Hazelwood. No other advertising or business signs are permitted in conjunction with the home occupation.
8. 
No outdoor storage, display or sale of materials, commodities, stock in trade or equipment used in the home occupation shall be permitted.
9. 
No retail or wholesale sales of items are allowed on the premises.
10. 
No equipment or process shall be used in a home occupation which creates excessive noise, odor, vibration or glare or electrical disturbances detrimental to the health, safety, peace, comfort and welfare of the persons residing in the neighborhood.
11. 
The home occupation shall not require additional off-street parking spaces for clients or customers.
12. 
Traffic generation associated with home occupations shall not exceed that normally generated by a residential dwelling without a home occupation.
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
ANTENNA
Any device that transmits and/or receives electromagnetic signals for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennae less than one (1) meter (approximately thirty-six (36) inches) in diameter, any receive-only home television antennae, ground-mounted antennae and antennae constructed primarily of wire and used for non-commercial purposes.
ANTENNA EQUIPMENT CABINET
A structure for the protection and security of communications equipment associated with one (1) or more antennae where direct access to equipment is provided from the exterior; that has horizontal dimensions that do not exceed four (4) feet by six (6) feet and vertical height that does not exceed six (6) feet.
ANTENNA EQUIPMENT SHELTER
A building for the protection and security of communications equipment associated with one (1) or more antennae and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antenna is prohibited.
ANTENNA SUPPORT STRUCTURE
A tower or disguised support structure, but excluding those support structures under eighty (80) feet in height, owned and operated by an amateur radio operator licensed by the FCC.
DIRECTOR
The Director of Public Works or his/her designee.
DISGUISED SUPPORT STRUCTURE
Any freestanding, manmade structure designed for the support of one (1) or more communication antennae, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, billboards, signs, light standards, flagpoles and artificial trees.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT, TOWERS
The vertical distance measured from the lowest grade at the base of the structure to its highest point and including the main structure and all attachments thereto.
RELATED PARTY
Any individual, entity or other party related to the subject individual, entity or other party by one (1) of the relationships described in Section 267(b) of the Internal Revenue Code of 1986, as amended.
TOWER
A freestanding, manmade structure designed for the support of one (1) or more communication antennae and including guyed towers, self-supporting (lattice) towers or monopoles, but not disguised support structures or buildings. A tower used as a radiator for commercial purposes shall be considered as both an antenna and a tower. The term shall not include any support structure under eighty (80) feet in height owned and operated by an amateur radio operator licensed by the FCC.
B. 
In General. The requirements set forth in this Section shall be applicable to all antennae, antennae support structures, equipment cabinets and equipment shelters installed, built or modified after the effective date of this Section (September 1, 1999) and owned by a private entity or agency of local government.
1. 
Building permits. A building permit is required for the installation of all antennae, antennae support structures, equipment cabinets and equipment shelters.
2. 
Principal or accessory use. Subject to any applicable requirement relating to location or setback, antennae, antennae support structures, equipment cabinets and equipment shelters may be either a principal or accessory use in all suburban, commercial and industrial zoning districts, except historic districts; or be an accessory use in existing single-family, multi-family or other residential use zoning districts, except historic districts.
3. 
Building Codes and safety standards. To ensure the structural integrity of antennae, antennae support structures, equipment cabinets and equipment shelters, the owner shall see that each structure is constructed and maintained in compliance with all standards contained in applicable State and local Building Codes and the applicable industry standards including TIA/EIA-222 latest version. Where no codes or standards apply, sound engineering practices shall be used.
4. 
Regulatory compliance. All antennae, antennae support structures, equipment cabinets and equipment shelters shall meet or exceed current standards and regulations of the FAA such as FAA Part 77 and Advisory Circular AC-70/7460-1 and FCC Part 17 and any other State or Federal agency with the authority to regulate communication antennae, antennae support structures, equipment cabinets and equipment shelters. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations at such time as any substantive work is done.
5. 
Antennae support structures over certain heights. Any antennae, antennae support structure, equipment cabinet or equipment shelter which is proposed in the "R-1", "R-2", "R-3", "R-4", "R-5" or "R-6" Districts shall require a Special Land Use Permit and shall require a clear showing by the applicant that such location is reasonably required to provide the intended wireless communication services. Any antennae support structure which is proposed to be in excess of one hundred fifty (150) feet in height in the "C-3", "I-1", "I-2" and "NU" Districts or one hundred (100) feet in the "C-1" and "C-2" Districts shall require a Special Land Use Permit and shall require a clear showing by the applicant that such height is reasonably required to provide the intended wireless communication services. When an application for a Special Land Use Permit is submitted pursuant to this requirement, the City may, if deemed prudent, retain a qualified expert to assist in determining the necessity for a structure of the desired height or location. The cost of such consulting services shall be borne by the applicant as an additional application fee.
6. 
Lighting. Antennae and antennae support structures shall not be lighted unless required by the FAA or a State or Federal agency with authority to regulate such matters, in which case a description of the required lighting scheme shall be made part of the application to install, build or modify the antennae or antennae support structure. For structures that required lighting per FAA requirements, the use of white strobe lighting after twilight is prohibited. The use of red incandescent lighting is encouraged.
7. 
Advertising. Unless a disguised support structure is in the form of an otherwise lawfully placed advertising sign, the placement of signs on structures regulated by this Section is prohibited.
8. 
Design.
a. 
Unless subject to the requirements of the FAA or any applicable State or Federal agency, towers shall maintain a galvanized steel finish or be natural or painted a neutral color consistent with the natural or built environment of the site.
b. 
Antennae equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall be brick or natural stone as required by the Director of Public Works or by the City Plan Commission or City Council in the case of a Special Land Use Permit. Cabinets shall have an exterior finish compatible with the natural or built environment of the site.
c. 
Antennae attached to a building or antennae support structure shall be painted a color identical to, or compatible with, the surface to which they are mounted.
d. 
All towers shall be surrounded by a landscape strip of not less than twelve (12) feet in width and planted with materials which will provide a visual barrier of a minimum height of seven (7) feet. Evergreen trees should be at least seven (7) feet tall and deciduous trees at least three and one-half (3½) inches in caliper at the time of planting. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six (6) foot high decorative fence or wall may be approved by the Director in the case of a building permit or by the City Plan Commission or City Council in the case of a Special Land Use Permit.
e. 
Where on or adjacent to non-residentially zoned property, guyed towers, self-supporting towers and monopoles shall maintain setbacks at a minimum of sixty percent (60%) of the tower height, but in no case shall they be less than the front yard setback of the non-residential zoning district. Where on or adjacent to residentially-zoned property, towers shall meet the setbacks of that zoning district or the adjacent residential zoning district, whichever is greater.
f. 
Ground anchors of all guyed towers shall be located on the same parcel as the tower and meet a setback of ten (10) feet from the property line to the anchor concrete.
g. 
Vehicle or outdoor storage at any antennae support structure site is prohibited.
h. 
On-site parking for periodic maintenance and service shall be provided at all antennae or antennae support structure locations. Access to and parking for all antennae or antennae support structure locations shall be provided on a paved surface.
9. 
Shared use.
a. 
In order to maximize the use of an existing or proposed tower, the tower owner shall, prior to the issuance of any building permit or Special Land Use Permit to alter or modify any tower existing on the effective date of this Section (September 1, 1999), provide to the City a written statement signed by an authorized representative of the owner agreeing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be cause for the withholding of future permits to that owner or a related party to install, build or modify antennae or antennae support structures within the City and possible forfeiture of continued use of the existing antennae or antennae support structure or of those owned by related parties.
b. 
Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the Director with an inventory of all antennae support structures in or within one-half (½) mile of the City limits of Hazelwood and shall certify to the Director that the owner has not been able to obtain a sharing agreement to use one (1) of the existing antennae support structures and that no existing antennae support structure will meet the technical needs or coverage required by the applicant. Copies of rejection letters or engineering studies indicating the technical reasons that existing structures are not acceptable shall be included with the application.
c. 
Any new tower at a height of eighty (80) feet above ground level or higher shall be designed and constructed to accommodate at least two (2) additional users unless a larger number is indicated by the City. The willful and knowing failure of the owner of an antennae support structure built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner or related party to install, build or modify antennae or antennae support structures with the City and possible forfeiture of continued use of the existing antennae support structure or existing antennae support structures owned by related parties.
These general requirements shall be observed unless otherwise waived or modified by a site plan review approval by the Director of Public Works or a Special Land Use Permit approval by the City Plan Commission or the City Council.
C. 
Permitted Uses. The following uses are permitted upon receipt of the appropriate building permit:
1. 
The attachment of additional or the replacement of antennae on any antennae support structure or the addition or replacement of antenna equipment cabinets or shelters existing on the effective date of this Section (September 1, 1999) or subsequently approved in accordance with these regulations, provided that additional antennae equipment cabinets or shelters are located within the existing antennae support structure site.
2. 
The construction of a disguised support structure, provided that all related equipment shall be placed within an existing structure underground when the structure is a principal use on property zoned for residential or historic use. Equipment may be placed in a cabinet if the disguised support structure is incidental to non-residential use or is in a utility right-of-way.
3. 
The mounting of antennae in any of the following circumstances:
a. 
The placement of antennae in or on any existing building or structure and not exceeding twelve (12) feet above the highest point of the structure;
b. 
The mounting of antennae not exceeding twenty-one (21) feet in height on a water tank;
c. 
The addition of antennae on utility transmission line towers or utility distribution poles, provided the antennae do not exceed twelve (12) feet above the highest point of the utility transmission line tower or six (6) feet above the highest point of the utility distribution pole.
4. 
The installation of antennae on buildings or structures or the construction of an antennae support structure not exceeding two hundred (200) feet in height on land owned by a Federal, State or local government agency, board or authority.
5. 
The maintenance without alteration of any antennae or antennae support structure existing on the date of the enactment of this Section (September 1, 1999). Modifications to an existing antennae support structure, including, but not limited to, the replacement or addition of any antennae or equipment shelters, shall be subject to all the provisions of this Section. However, this Section shall not prohibit the replacement of any antennae with a like model for purposes of maintenance.
D. 
Administrative Approval.
1. 
Applications. In addition to the regular review for building permit applications set forth in this Municipal Code, the Director shall give additional review, as set forth in Subparagraph (2) below, of applications for the following uses prior to issuing a building permit:
a. 
The enlargement of the existing antennae support structure site.
b. 
The one-time replacement of any antennae support structure existing on the effective date of this Section (September 1, 1999) or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new antennae support structure shall be of the same type as the original, except that a guyed or self-supporting (lattice) tower may be replaced by a monopole or disguised support structure. The height of the new antennae support structure may exceed that of the original by not more than twenty (20) feet.
c. 
The construction of a disguised support structure, provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing commercial or industrial use. Equipment may be placed in a cabinet, if the disguised support structure is accessory to an industrial, commercial or other non-residential use.
d. 
The construction of a new antennae support structure if said antennae support structure complies with all the provisions set out in this Section and is located within a potential antenna site area as identified by the City's Radio Tower Siting Master Plan which is made a part of this Section as if fully set out herein.
e. 
The construction of an antennae support structure greater than two hundred (200) feet in height and located on property owned by a Federal, State or local government agency, board or authority.
2. 
Required findings. Following review of an application for one (1) or more of the uses set forth in Subparagraph (1) above, the Director may issue a building permit upon making all of the following findings, as to which the applicant shall bear the burden of proof:
a. 
The construction will be in accord with applicable Building Codes and good engineering practices;
b. 
The proposed facility will have adequate access, landscaping and security;
c. 
The proposed equipment will not cause signal interference with existing private or commercial communications; and
d. 
The proposed installation will not be incompatible with existing or permitted uses of property in the vicinity of the site.
E. 
Special Land Use Permit Required. All proposals to install, build or modify an antenna, antennae support structure, equipment cabinet or equipment shelter not covered under Subsections (C) or (D) above shall require the applicant to obtain a Special Land Use Permit and make an affirmative showing as to why the antenna, antennae support structure, equipment cabinet or equipment shelter cannot be located or constructed in such a manner to satisfy those Subsections.
1. 
Applications. Applications for Special Land Use Permits shall be filed and processed in the manner and time frame as established for all other Special Land Use Permits under the City's Municipal Code and shall include the following additional information:
a. 
An analysis of the area containing existing topographical contours;
b. 
An inventory of all antennae support structures in or within one-half (½) mile of the City limits of Hazelwood. The inventory shall include the street location, latitude and longitude, structure type and height of the existing antennae support structures; and reference name or number, type and mounting height of existing antennae; and an assessment of available ground space for the placement of additional equipment cabinets or shelters; and
c. 
A statement of the conditions which render unsuitable potential antennae site areas as identified by the City's Radio Tower Siting Master Plan and all existing antennae support structures and other structures and buildings within the applicant's required geographic area.
2. 
Findings required. In addition to any other determinations required by Title IV (Land Use) of the City Code for the granting of Special Land Use Permits, the City Plan Commission and City Council may issue a Special Land Use Permit upon making all of the following findings, as to which the applicant shall bear the burden of proof:
a. 
The proposed antennae support structure is not and cannot be located within a potential antenna site area as designated by the City's Radio Tower Siting Master Plan.
b. 
There are other limiting conditions that render existing antennae support structures or other structures and buildings within the applicant's required geographic area unsuitable.
c. 
The design of the antenna support structure, including the antennae, equipment cabinet or shelter, and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section.
d. 
The proposal minimizes the number and size of the antennae support structures that will be required in the geographic area surrounding the proposed site.
e. 
The applicant attempted to take advantage of available shared use options provided by this Section or otherwise.
F. 
Tower Removal. Any tower, or the upper portion of any tower, which is occupied only by inactive antennae for a period of twelve (12) months shall be considered a public nuisance and the tower and support structure including footings, where appropriate, shall be removed at the owner's expense within a reasonable period of time as directed by the Director of Public Works. Removal of upper portions of a tower manufactured as a single object shall not be required.
G. 
Antennae And Support Structure Height Matrix.
Within zones C-3, I-1, I-2, NU
Up to one hundred fifty (150) feet
Within zones C-1, C-2
Up to one hundred (100) feet
Government (local, State, Federal) property
Up to two hundred (200) feet
Utility transmission towers
Up to twelve (12) feet over structure
Utility distribution poles
Up to six (6) feet over structure
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
The following provisions are applicable to satellite dishes/antennae in the City of Hazelwood.
1. 
Residential districts.
a. 
Satellite dishes one (1) meter or less in diameter is a permitted accessory use in all dwelling districts.
b. 
Only one (1) satellite dish per lot shall be permitted. Where multiple tenants exist on the same lot, such as in the "R-6" Multiple-Family Dwelling District and the "PDR" Planned Residential District, one (1) satellite dish of one (1) meter or less in diameter shall be permitted per dwelling unit.
c. 
A building permit is required for any satellite dish exceeding one (1) meter in diameter. The diameter of a satellite dish shall not exceed three (3) meters. Any satellite dish in excess of three (3) meters shall require a Special Land Use Permit.
d. 
Satellite dishes can be ground mounted or roof mounted in the single-family dwelling districts, but roof mounted only if one (1) meter or less in diameter.
e. 
Satellite dish antennae may be either ground or roof mounted in the multiple-family dwelling district.
f. 
The height of ground-mounted satellite dishes shall not exceed twenty (20) feet above the adjacent ground level.
g. 
Ground-mounted satellite dishes shall be located in the rear yard inside the building lines of the parcel or lot on which it is to be installed. On corner lots, no satellite dish/antennae shall extend beyond the front setback lines.
h. 
All satellite dish/antennae shall be neutral in color and, to the extent possible, compatible in character and appearance with the surrounding neighborhood.
2. 
Non-residential districts.
a. 
Satellite dishes one (1) meter or less in diameter is a permitted accessory use in all non-residential districts.
b. 
A building permit is required for any satellite dish exceeding one (1) meter in diameter. The diameter of a satellite dish shall not exceed twelve (12) meters. Any satellite dish in excess of twelve (12) meters in diameter shall require a Special Land Use Permit.
c. 
Only one (1) satellite dish antenna per lot shall be permitted. Where multiple tenants exist on the same lot, the Code Enforcement Officer may consider additional antennae upon request.
d. 
Satellite dishes may either be ground or roof mounted.
e. 
Ground-mounted satellite dishes/antenna shall be located in the rear yard inside the building lines of the parcel or lot on which it is to be installed. On corner lots, no satellite dish/antenna shall extend beyond the front setback lines.
f. 
The height of roof-mounted satellite dish/antennae in the commercial and industrial districts shall not exceed the height limitations established for the main building in that district in which the satellite dish/antenna is to be installed.
g. 
The satellite dish/antenna shall be neutral in color and, to the extent possible, compatible in character and appearance with the surrounding neighborhood. Antennae shall be screened through the addition of architectural features and/or landscaping. The Code Enforcement Officer shall approve all screening prior to the issuance of a building permit.
h. 
Satellite dish/antenna shall not be used to advertise a product or service.
[Ord. No. 3674 §§1—3, 8-17-2005]
A. 
The regulations in this Chapter shall be subject to the following exceptions:
1. 
The ordinary projection of sills, cornices, eaves and ornamental features of a building into the area between the boundary of the highway and the building line may be permitted for a distance not to exceed five (5) feet.
2. 
Open, unenclosed porches, awnings and canopies containing no signs or advertising and paved terraces may project beyond the building lines established by this Chapter for a distance not to exceed ten (10) feet, but in no case shall any structure project beyond the lot line.
3. 
Poles, wires, pipes, water hydrants and other similar utilities and necessary appurtenances may be erected, repaired and maintained within the area between the building lines and the centerline of the highway, provided a lawful easement is in effect.
4. 
When three hundred (300) or more lineal feet of continuous frontage along a highway, to which this Article applies, is developed and not less than fifty percent (50%) of this frontage contains commercial structures, the distance of the building lines provided in this Chapter shall be reduced to meet the general average of the existing buildings within the three hundred (300) feet of frontage chosen for measurement
5. 
When vacant ground lies between existing buildings not conforming to this Chapter and not more than three hundred (300) feet apart, a building may be erected on such vacant ground on a line drawn between the closed front corners of the existing buildings; provided, that the building shall not be erected on land which is within the proposed future right-of-way designated by this Article for a major highway.
6. 
Pumps and other necessary mechanical devices, connected with any lawful structures, may be authorized by special permit from the Council.
7. 
Roadside stands and other legal, authorized temporary structures may be erected, by special permit from the Council, to be removed within a period of one (1) year or such other time as the permit may stipulate.
8. 
Trailers, buses and other vehicles may be located within the building lines by permission of the Council, to be removed on thirty (30) days' notice in the event of widening of the highway.
9. 
Where the owner of the premises and holder of encumbrances thereon agree in writing, properly acknowledged for recording, that they will waive all damages that may result from the taking, destruction or removal of the building for street purposes, the Council may, to avoid hardship or to more closely conform to existing buildings nearby and for other special reasons, permit some encroachment within the building lines by special permit, if the location of the building will not interfere with proper and adequate light, air and visibility of nearby buildings and streets.
[Ord. No. 3912-07 §4, 12-19-2007]
A. 
Definitions. The following terms shall have the following meanings unless otherwise defined by context:
DIRECTOR
The City's Public Works Director or such other person designated to administer and enforce this Section.
FACILITIES
A network or system or any part thereof used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment.
FACILITIES PERMIT
A permit granted by the City for placement of facilities on private property.
PERSON
An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation or other entity or any lawful successor thereto or transferee thereof.
SERVICE
Providing or delivering an economic good or an article of commerce, including, but not limited to, gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or storm water sewerage or any similar or related service, to one (1) or more persons located within or outside of the City using facilities located within the City.
B. 
Facilities Permit.
1. 
Any person desiring to place facilities on private property must first apply for and obtain a facilities permit, in addition to any other building permit, license, easement, franchise or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his or her discretion to be necessary and consistent with the provisions of this Section and to accomplish the purposes of this Section. Each application shall at minimum contain the following information, unless otherwise waived by the Director:
a. 
The name of the person on whose behalf the facilities are to be installed and the name, address and telephone number of a representative whom the City may notify or contact at any time (i.e., twenty-four (24) hours per day, seven (7) days per week) concerning the facilities;
b. 
A description of the proposed work, including a site plan and such plans or technical drawings or depictions showing the nature, dimensions and description of the facilities, their location and their proximity to other facilities that may be affected by their installation.
2. 
Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application.
3. 
Application review and determination.
a. 
The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days. Unless the application is denied pursuant to subparagraph (d) hereof, the Director shall issue a facilities permit upon determining that the applicant:
(1) 
Has submitted all necessary information,
(2) 
Has paid the appropriate fees, and
(3) 
Is in full compliance with this Section and all other City ordinances. The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs.
b. 
It is the intention of the City that proposed facilities will not impair public safety, harm property values or significant sightlines or degrade the aesthetics of the adjoining properties or neighborhood and that the placement and appearance of facilities on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section. To accomplish such purposes the Director may impose conditions on facilities permits, including alternative landscaping, designs or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality and are competitively neutral and non-discriminatory.
c. 
An applicant receiving a facilities permit shall promptly notify the Director of any material changes in the information submitted in the application or included in the permit. The Director may issue a revised facilities permit or require that the applicant reapply for a facilities permit.
d. 
The Director may deny an application, if denial is deemed to be in the public interest, for the following reasons:
(1) 
Delinquent fees, costs or expenses owed by the applicant;
(2) 
Failure to provide required information;
(3) 
The applicant being in violation of the provisions of this Section or other City ordinances;
(4) 
For reasons of environmental, historic or cultural sensitivity as defined by applicable Federal, State or local law;
(5) 
For the applicant's refusal to comply with reasonable conditions required by the Director; and
(6) 
For any other reason to protect the public health, safety and welfare, provided that such denial does not fall within the exclusive authority of the Missouri Public Service Commission and is imposed on a competitively neutral and non-discriminatory basis.
4. 
Permit revocation and ordinance violations.
a. 
The Director may revoke a facilities permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Section. Prior to revocation the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:
(1) 
A material violation of the facilities permit or this Section;
(2) 
An evasion or attempt to evade any material provision of the permit or this Section or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
(3) 
A material misrepresentation of fact in the permit application;
(4) 
A failure to complete facilities installation by the date specified in the permit, unless an extension is obtained or unless the failure to complete the work is due to reasons beyond the applicant's control; and
(5) 
A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, work that does not conform to applicable national safety ordinances, industry construction standards or the City's pertinent and applicable ordinances, including, but not limited to, this Section, provided that City standards are no more stringent than those of a national safety ordinance.
b. 
Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Section and in lieu of revocation the Director may initiate prosecution of the applicant or the facilities owner for such violation.
5. 
Appeals and alternative dispute resolution.
a. 
Any person aggrieved by a final determination of the Director may appeal in writing to the City Manager within five (5) business days thereof. The appeal shall assert specific grounds for review and the City Manager shall render a decision on the appeal within fifteen (15) business days of its receipt affirming, reversing or modifying the determination of the Director. The City Manager may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director's determination shall be in writing and supported by findings establishing the reasonableness of the decision. Any person aggrieved by the final determination of the City Manager may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the City Manager's final determination.
b. 
On agreement of the parties and in addition to any other remedies, any final decision of the City Manager may be submitted to mediation or binding arbitration.
(1) 
In the event of mediation, the City Manager and the applicant shall agree to a mediator. The costs and fees of the mediator shall be borne equally by the parties and each party shall pay its own costs, disbursements and attorney fees.
(2) 
In the event of arbitration, the City Manager and the applicant shall agree to a single arbitrator. The costs and fees of the arbitrator shall be borne equally by the parties. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three (3) person arbitration panel consisting of one (1) arbitrator selected by the City Manager, one (1) arbitrator selected by the applicant or facilities owner and one (1) person selected by the other two (2) arbitrators, in which case each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3rd) arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees.
C. 
Facilities Regulations.
1. 
The following general regulations apply to the placement and appearance of facilities:
a. 
Facilities shall be placed underground, except when other similar facilities exist aboveground or when conditions are such that underground construction is impossible, impractical or economically unfeasible, as determined by the City, and when in the City's judgment the aboveground construction has minimal aesthetic impact on the area where the construction is proposed. Facilities shall not be located so as to interfere or be likely to interfere with any public facilities or use of public property.
b. 
Facilities shall be located in such a manner as to reduce or eliminate their visibility. Non-residential zoning districts are preferred to residential zoning districts. Preferred locations in order of priority in both type districts are:
(1) 
Thoroughfare landscape easements,
(2) 
Rear yards, and
(3) 
Street side yards on a corner lot behind the front yard setback.
Placements within side yards not bordered by a street or within front yards are discouraged.
c. 
Facilities shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the facilities. Sightproof screening, landscape or otherwise, may be required for facilities taller than three (3) feet in height or covering in excess of four (4) square feet in size. Such screening shall be sufficient to reasonably conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be approved by the Director prior to installation of any facility requiring landscape screening. The person responsible for the facilities shall be responsible for the installation, repair or replacement of screening materials. Alternative concealment may be approved by the Director to the extent it meets or exceeds the purposes of these requirements.
d. 
Facilities shall be constructed and maintained in a safe manner and so as to not emit any unnecessary or intrusive noise and in accordance with all applicable provisions of the Occupational Safety and Health Act of 1970, the National Electrical Safety Code and all other applicable Federal, State or local laws and regulations.
e. 
No person shall place or cause to be placed any sort of signs, advertisements or other extraneous markings on the facilities, except such necessary minimal markings approved by the City as necessary to identify the facilities for service, repair, maintenance or emergency purposes or as may be otherwise required to be affixed by applicable law or regulation.
f. 
If the application of this Subsection excludes locations for facilities to the extent that the exclusion conflicts with the reasonable requirements of the applicant, the Director shall cooperate in good faith with the applicant to attempt to find suitable alternatives, but the City shall not be required to incur any financial cost or to acquire new locations for the applicant.
2. 
Any person installing, repairing, maintaining, removing or operating facilities, and the person on whose behalf the work is being done, shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property or private property disturbed or damaged during the work shall be repaired or replaced and the responsible person shall immediately notify the owner of the fact of the damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and to the Director's satisfaction.
3. 
The applicant shall provide written notice to all property owners within one hundred eighty-five (185) feet of the site at least forty-eight (48) hours prior to any installation, replacement or expansion of its facilities. Notice shall include a reasonably detailed description of work to be done, the location of work and the time and duration of the work.
4. 
At the City's direction, a person owning or controlling facilities shall protect, support, disconnect, relocate or remove facilities, at its own cost and expense, when necessary to accommodate the construction, improvement, expansion, relocation or maintenance of streets or other public works or to protect the ROW or the public health, safety or welfare.
5. 
If a person installs facilities without having complied with the requirements of this Section or abandons the facilities, said person shall remove the facilities and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
6. 
Facilities shall be subject to all other applicable regulations and standards as established as part of the City Code, including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the regulations provided herein.