Cross Reference — As to storage container regulations, see ch. 535.
[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]
Accessory buildings and portable buildings as defined in Section 400.080 and as regulated herein are permitted in any district. A detached subordinate building located on the same lot with the main building, the use of which is customarily incidental to the main building or to the main use of the premises. No detached accessory or portable building hereafter constructed shall occupy a required front yard or be located within ten (10) feet of any dwelling existing or under construction on the building site, except for a detached garage the minimum distance shall be five (5) feet. No single permanent accessory building in a residence district shall occupy more than thirty percent (30%) nor shall all such buildings collectively occupy more than forty percent (40%) of the required yard spaces in the rear half of the lot. No permanent accessory building shall be larger or exceed a combined total of five hundred seventy-six (576) square feet and shall not be over twenty (20) feet in height or exceed the height of the home, whichever is less. Portable accessory building shall not be over fifteen (15) feet in height and not be larger than three hundred (300) square feet, total number of portable buildings allowed will be two (2), totaling not more than three hundred (300) square feet. Any accessory building roof design shall be customary to the neighborhood roof designs. All accessory and portable buildings shall be of similar color and design as the house. Approved materials will be wood, brick, vinyl, metal or masonry products. No accessory or portable building shall be located closer than five (5) feet to any lot line; in the case of a reversed corner lot, no accessory or portable building shall project closer to the street side yard than the front yard abutting. On any external lot, an accessory or portable building shall not project closer than fifteen (15) feet to the street side lot line except that if the building is a required parking garage and has access to the side street, such setback shall be a minimum of twenty (20) feet.
[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.
[R.O. 2014 §410.030; Ord. No. 201 §§604 — 605, 11-14-1967; Ord. No. 256 §1, 9-8-1970]
A.
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:
1.
Any lot shown on a subdivision recorded prior to November 14, 1967.
2.
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.
3.
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.
B.
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.
[R.O. 2014 §410.040; Ord. No. 201 §606, 11-14-1967; Ord. No. 1786 §
1, 10-12-2017]
A.
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:
1.
The stability and integrity of the various zoning districts in which
the subject property is located.
2.
Conservation of property values.
3.
Protection against fire and casualties.
4.
Observation of general policing regulations relating to the operation
of the proposed use.
5.
Prevention of undue traffic congestion.
6.
Promotion of traffic safety and the orderly parking of motor vehicles.
7.
Promotion of the safety of individuals and property.
8.
Provision for adequate light and air.
9.
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.
B.
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.
C.
Site Plan. Applications for a conditional use must include the following:
[Ord. No. 1822, 10-11-2018]
1.
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.
2.
A site plan showing the information listed in Section 410.145 and/or other design elements intended to address the factors listed in this Section.
3.
A landscape plan showing the information listed in Section 410.146, unless otherwise waived by the Zoning Administrator.
4.
When granting approval for a conditional use, compliance with
the design elements of the site plan and landscape plan (if applicable)
for the conditional use shall be required. Failure to comply with
the approved site plan and/or landscape plan shall be considered non-compliance
of the applicable Conditional Use Permit and a violation of the Zoning
Code.
[R.O. 2014 §410.050; Ord. No. 201 §607, 11-14-1967]
A.
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:
1.
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;
2.
The remodeled dwelling shall provide a lot not less than three thousand
(3,000) square feet per family;
3.
No exterior remodeling shall be done, and no extensions made.
4.
Fire escapes and outside stairways shall conform to Section 410.070, Subsection (9), of this Code.
5.
No dwelling shall be converted unless in connection therewith it
is placed in a reasonable state of repair;
6.
Garage or off-street parking facilities shall be provided at the
rate of one (1) vehicle for each family unit.
[R.O. 2014 §410.060; Ord. No. 201 §608, 11-14-1967]
A.
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.
B.
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.
C.
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.
[R.O. 2014 §410.070; Ord. No. 201 §609, 11-14-1967]
A.
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:
1.
Unenclosed steps, stairways, landings, and stoops, not extending
above the ground floor level.
2.
Unenclosed surfaced walks and driveways.
3.
Fence or trestles not exceeding five and one-half (5½) feet
in height.
4.
Retaining walls not more than eighteen (18) inches higher than the
grade of the ground retained.
5.
Flue or fireplace chimney attached to the main building.
6.
Bay windows extending not more than eighteen (18) inches from the
main building.
7.
Cornices, canopies and eaves not extending more than three (3) feet
from the main building.
8.
Open fire escape may not project into a required side yard more than
half the width of such yard.
9.
Fire escapes, solid floor balconies and enclosed outside stairways
may project to within twelve (12) feet of the rear lot line.
[R.O. 2014 §410.080; Ord. No. 201 §610, 11-14-1967; Ord. No. 525 §1, 3-10-1988; Ord.
No. 1472 §1, 12-9-2010]
A.
Home occupations or businesses may be permitted in any district upon first receiving permission from the Planning and Zoning Commission according to the procedure outlined in Section 430.090 of this Code. The following criteria shall be employed to determine a valid home occupation:
1.
No outdoor display or storage of material.
2.
No signs displayed except as permitted in this Title.
3.
No commodity is sold on the premises except that which is prepared
on the premises.
4.
No more than twenty percent (20%) of the net floor area of the dwelling
may be devoted to the occupation or business.
5.
No required off-street parking space shall be used in the conduct
of the home occupation.
6.
No mechanical equipment is used which makes any loud, unnecessary
or unusual noise, or any noise which annoys, disturbs, injures, or
endangers the comfort, repose, health, peace or safety of others.
7.
In no way shall the appearance of the structure or the conduct of
the occupation within the structure be so altered that it may reasonably
be recognized as serving a non-residential purpose (either by color,
materials of construction, lighting, sounds or noises, vibrations,
etc.).
[R.O. 2014 §410.090; Ord. No. 201 §611, 11-14-1967]
A.
Every
mobile home hereafter shall be located in a Mobile Home Park or Mobile
Home Community, as defined herein.
B.
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.
C.
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.
D.
The
Mobile Home Park or Mobile Home Community shall conform to the following
requirements:
1.
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.
2.
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.
3.
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.
4.
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.
5.
Off-driveway parking sites shall be maintained at a minimum ratio
of one (1) car space for each mobile home space.
6.
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:
7.
All roadways within the Mobile Home Park shall be blacktopped or
have some other dust free surfacing, maintained and adequately lighted.
8.
All electric distribution systems, plumbing systems and telephone
service systems to each mobile home space, except outlets and risers,
shall be underground.
9.
All Mobile Home Parks shall be connected to the City sanitary sewer
system and satisfactory connections made available to each mobile
home space.
E.
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:
1.
Be located fifteen (15) feet or more from any mobile home space;
2.
Be adequately lighted;
3.
Have the interior finished with moisture-resistant material to permit
frequent washing and cleaning;
4.
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;
5.
Have adequate heating facilities for the building and equipment which
will furnish ample supply of heated water during time of peak demands;
6.
Have all rooms well ventilated, with all openings effectively screened.
[R.O. 2014 §410.100; Ord. No. 201 §§612 — 617, 11-14-1967]
A.
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.
B.
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.
C.
Non-Conforming Building — Maintenance — Alterations —
Enlargements — Restoration.
1.
Maintenance and minor repairs necessary to keep a non-conforming
building in sound condition, or as may be required by law shall be
permitted.
2.
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.
3.
A non-conforming building may be enlarged or extended only if the
entire building is thereafter devoted to a conforming use.
4.
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.
5.
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.
D.
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.
E.
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)).
F.
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.
[R.O. 2014 §410.110; Ord. No. 201 §618, 11-14-1967]
A.
These
requirements are effective upon the erection or enlargement of a structure,
or the use thereof changed to any permitted use within a district.
Each required off-street automobile storage space shall be dust free
by application of an approved hard surfacing material and have free
access to a public right-of-way; no required off-street automobile
storage space shall be located within a required front yard in any
district.
|
Use
|
Off-Street Spaces Required:
| ||
|---|---|---|---|
|
1.
|
Single- and two-family dwelling units.
|
Two (2) spaces per each dwelling.
| |
|
2.
|
Multi-family dwellings.
|
One (1) space per dwelling unit for multi-family units limited
to housing for the elderly. All other multi-family units requires
the following. Two (2) spaces for a one (1) bedroom unit; two (2)
spaces for a two (2) bedroom unit; and two (2) spaces per bedroom
unit for three (3) or more bedrooms in a multi-family dwelling.
| |
|
3.
|
Churches.
|
One (1) space for every three (3) seats in the main worship
area.
| |
|
4.
|
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.
| |
|
5.
|
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.
| |
|
6.
|
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.
| |
|
7.
|
Restaurants.
|
One (1) space for every two and one half (2 1/2) seats
or portion thereof (+) one (1) space for each employee. Drive-up restaurants
with on-site seating shall have at least ten (10) spaces (+) each
service window shall have six (6) queuing spaces in addition to one
(1) at the window. Restaurants with pick-up or drive thru and no on-site
seating shall have one (1) space for each employee of the largest
shift but, no less than six (6) spaces. Each service window shall
have nine (9) queuing spaces (+) one (1) space at each window.
| |
|
8.
|
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.
| |
|
9.
|
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.
| |
|
10.
|
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.
| |
|
11.
|
Undertaking establishments.
|
One (1) space for every three (3) seats in the sanctuary (+)
one (1) for each employee.
| |
|
12.
|
Private nurseries, daycares kindergartens, and childrens homes.
|
One (1) space per each five (5) children (+) one (1) space for
each regular employee.
| |
|
13.
|
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.
| |
|
14.
|
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.
| |
|
15.
|
Retail business, (except "B-2" zoned district).
|
One (1) space for every five hundred (500) square feet of gross
area.
| |
|
16.
|
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.
| |
|
17.
|
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.
| |
|
18.
|
Stadiums, theaters, assembly halls, auditoriums and similar
uses.
|
One (1) space for every three (3) seats (+) one (1) for every
employee.
| |
|
19.
|
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.
| |
|
20.
|
Vehicle repair and body work.
|
One (1) space per two hundred (200) square feet of gross building
floor area.
| |
|
21.
|
Vehicle service stations.
|
Three (3) spaces per each rack, one (1) space per one employee
on a work shift and one (1) space for each business vehicle.
| |
|
22.
|
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.
| |
|
23.
|
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.
| |
|
24.
|
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.
| |
|
25.
|
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.
| |
|
26.
|
Self serve 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.
| |
|
27.
|
Emergency services.
|
One (1) per two hundred (200) square feet of gross building
area (+) one (1) space for each emergency vehicle.
| |
|
28.
|
Golfing activities.
|
Miniature golf course: two (2) spaces per hole (+) one (1) space
per two hundred (200) square feet of building area. Driving area:
one space per tee (+) one (1) space per two hundred (200) square feet
of building area. 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.
| |
|
29.
|
Libraries, museums, and art galleries.
|
One (1) space per three hundred (300) square feet of building
floor area (+) one (1) space per each employee.
| |
|
30.
|
Tourist courts.
|
One (1) space per each rental unit.
| |
|
31.
|
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.
| |
|
32.
|
Bowling alleys.
|
Five (5) spaces for each alley (+) restaurant parking.
| |
|
33.
|
Industrial uses:
| ||
|
Permitted uses
|
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
|
To be determined by the City Planning and Zoning Commission
according to the use of the property.
| ||
|
34.
|
Off-street parking space Location:
| ||
|
a.
|
Residential. All required spaces shall be located on the same
parcel with the residential use.
| ||
|
b.
|
Commercial. 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.
| ||
|
c.
|
Industrial:
| ||
|
Permitted uses
|
Required spaces may be located on the same parcel with the permitted
industrial use; or on an area not more than three hundred (300) feet
from the building. If parking is located on a separate parcel, such
parcel must be zoned for parking.
| ||
|
Conditional uses
|
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.
| ||
[R.O. 2014 §410.120; Ord. No. 201 §619, 11-14-1967; Ord. No. 1824, 10-11-2018]
A.
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:
1.
That the value of building and the character of the property
adjoining the area included in such plan will not be adversely affected.
2.
That such plan is consistent with the intent and purpose of
this Title to promote public health, safety, morals, and general welfare.
3.
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.
4.
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.
[R.O. 2014 §410.130; Ord. No. 201 §620, 11-14-1967; Ord. No. 315 §1, 10-8-1976]
A.
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.
B.
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.
[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]
A.
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.
1.
Amusement parks, commercial baseball or athletic fields, racetracks.
2.
Aviation fields, airports, or helio-ports.
3.
Cemeteries, mausoleums, or crematories for the disposal of the human
dead.
4.
Golf driving ranges and miniature golf courses.
5.
Gun clubs, skeet shoots, or target ranges.
6.
Hospitals for the insane or feeble minded, or penal or correctional
institutions.
7.
Radio towers under such safeguards as the Board may require.
8.
Trailer camps, trailer parks, mobile home parks, and mobile home
communities.
9.
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.
B.
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]
[Ord. No. 1820, 10-11-2018]
A.
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:
1.
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.);
2.
The convenience and safety of vehicular, bicycle, and pedestrian
movement within the site, and in relation to adjacent areas or roads;
3.
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
4.
The stability of the built environment, particularly neighborhoods,
by promoting urban development that is compatible with clearly identified
natural resources.
B.
Site Plans — When Required. A site plan complying with the
requirements of this Section shall be provided for the following:
1.
Conditional Uses per Section 410.140(B).
2.
Special Uses per Section 410.140(A) and 430.090(A).
3.
Planned Community Unit Development per Section 410.120(A).
4.
Home Occupations per Section 410.080(B).
5.
Any new building or any addition to an existing building, except:
a.
One- or two-family residential buildings;
b.
Detached accessory buildings serving single- or two-family residential uses in compliance with Section 410.010;
c.
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.
C.
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 the board of having final authority. In the case of site plans for new buildings or additions to existing buildings per Subsection (B)(5) above, the Planning Commission shall be the board with final approval authority.
D.
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.
|
[Ord. No. 1819, 10-11-2018]
A.
Requirements. A landscape plan shall contain the following information:
1.
Scale at one (1) inch — twenty (20) feet to fifty (50)
feet.
2.
North reference.
3.
The location of all utilities on the site.
4.
The location of all existing and proposed parking areas.
5.
The location of all existing and proposed buildings and structures.
6.
The location, condition, size, canopy height, and quality of
all proposed landscaping materials. Plant materials shall be identified
by both the common and botanical name.
7.
The location, size and common name of all existing plant materials
to be retained. Every effort should be made to retain trees of twelve-inch
diameter (at five (5) feet above the ground) or larger.
8.
Plant species shall be shown on the plan by indicating their
mature crown spread drawn to scale.
9.
The location and common name of twelve-inch diameter or larger
(at five (5) feet above the ground) trees which are to be removed.
10.
Notation of all areas to be seeded or sodded.
11.
Location, size and materials to be used for all screening and/or
outside trash enclosure areas.
12.
Minimum standards for landscaping.
a.
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.
b.
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.
c.
Landscaping of parking lot interiors, exclusive of motorized vehicle storage and sales lots, shall be required for lots that are more than one (1) aisle in width in all zoning districts. The trees and shrubs used to meet the requirements of subsection (A)(12)(a) of this Section shall not be counted toward this requirement.
(1)
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.
(2)
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.
(3)
Interior landscaped area shall be situated within
the lot so as to be surrounded by parking lot pavement on at least
three (3) sides.
(4)
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.
(5)
At the end of parking rows, planted end-cap islands
that are not less than nine (9) feet wide and the length of the parking
row (e.g., if there is a single row of ninety-degree parking spaces,
the length is eighteen (18) feet; if there is a double row of ninety-degree
parking spaces, the length is thirty-six (36) feet) with ten-foot
curb radii on the side closest to the parking aisle.
(6)
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 (e.g., if there is a single row of ninety-degree
parking spaces, the length is eighteen (18) feet; if there is a double
row of ninety-degree parking spaces, the length is thirty-six (36)
feet) with five-foot curb radii on the side closest to the parking
aisle.
(7)
At the corners of parking lots, planted corner
islands, which is the area defined by the extension of the edges of
intersection parking rows.
(8)
By way of example, the following figure is provided
to illustrate the intended outcomes of this Section:
|
Parking Lot Landscape Areas
 |
(9)
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.
B.
Performance Standards. All landscape plans shall comply with the
following performance standards:
1.
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.
2.
Landscaping materials shall be selected and placed in such a
manner that they do not interfere, obstruct or damage existing utilities.
3.
Landscaping materials shall be selected and placed so that the
safe use of surrounding properties is not inhibited.
4.
Landscaping shall be selected and placed with consideration
for the ultimate growth that will be achieved over time.
5.
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.
6.
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.
7.
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.
C.
Landscape Maintenance.
1.
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).
2.
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.
3.
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.
D.
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.
[R.O. 2014 §410.150; Ord. No. 201 §622, 11-14-1967]
A.
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.
1.
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."
2.
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.
3.
Application for determination shall be made in writing. No specific
form is required.
[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]
A.
The
following use or uses, shall be prohibited:
1.
Residential districts.
a.
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.
b.
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.
c.
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]
d.
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.
2.
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.
[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.
[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.
[R.O. 2014 §410.190; Ord. No. 201 §626, 11-14-1967]
A.
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.
B.
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.
C.
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.
[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]
A.
Building Permits.
1.
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.
2.
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.
3.
Fees.
a.
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.
b.
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.
c.
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]
4.
A permit shall expire after one (1) year; provided however, that
extensions may be made where warranted.
5.
A record of all building permit applications and building permits
issued shall be kept in the office issuing such permits.
6.
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.
7.
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.
B.
Occupancy Permits.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
A fee of one dollar ($1.00) shall be paid to the Building Inspector
for the issuance of any Certificate of Occupancy.
[Ord. No. 1652, 1-22-2015]
A.
Purpose.
1.
The purpose of this regulation is to find practical solutions
to the siting of telecommunications facilities and their functionally
equivalent services.
2.
The regulation allows for reasonable and fair action necessary
to protect and advance the public interest.
3.
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.
B.
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:
- 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.
- 1. 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.
- 2. The definition shall not include:
- a. 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.
- b. Any antenna one (1) meter or less in diameter located in any zone.
- c. 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.
- d. 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.
- e. 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.
- a.
- 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.
C.
Conditional Use Permits.
1.
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:
a.
Ground-mount telecommunications facility located within any
Agriculture or Residential District;
b.
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.
2.
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.
3.
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:
a.
Screening of the compound surrounding the equipment shelter
and tower;
b.
Lighting;
c.
Tower height;
d.
Landscaping of the site including building materials architectural
requirements when located within or adjoining a Residential District;
e.
Collocation analysis;
f.
Abandonment of the site, which may require dismantling towers
and structures at the owner's expense, and the reclamation of
vegetation.
4.
Communication towers and antennas used as part of a home occupation
must adhere to all conditions set forth within this regulation.
a.
Any tower associated with a home occupation and exceeding one
hundred (100) feet in height requires a conditional use permit.
5.
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.
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.
b.
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.
6.
In granting a conditional use permit the Planning and Zoning
Commission will consider, but is not limited to, the following factors:
a.
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.
b.
Proximity of the tower to residential structures and boundaries.
c.
Nature of uses on adjacent and nearby properties.
d.
Surrounding topography.
e.
Surrounding tree and vegetative cover.
f.
Design of the tower, including characteristics that reduce visual
obtrusiveness.
7.
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.
8.
In the above-mentioned cases, when approved, the mount shall
be considered to be an accessory use to the principal use.
D.
Additional Requirements.
1.
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.
E.
Tower Designed For Collocation.
1.
Each applicant agrees to cooperate with the City and other applicants
by designing towers such that other users may collocate upon the same
tower.
2.
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.
a.
One (1) amateur antenna can be considered in satisfying the
secondary collocation criteria for commercial towers.
b.
Towers less than sixty (60) feet in height are not required
to meet the above-mentioned collocation criteria.
c.
Applicants must notify the City Administrator in writing of
the name and address of any and all co-users of a tower or antenna.
F.
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.
G.
Adherence To Building Regulations And Required Certificate
Of Insurance.
1.
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.
2.
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.
H.
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."
I.
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.
J.
Setbacks.
1.
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.
2.
Towers located adjacent to any Residential District must be
set back a minimum distance equal to the height of the tower.
3.
Guy wires and other support structures shall maintain a minimum
of twenty (20) feet from the property line in any district.
4.
All towers and accessory buildings must adhere to the minimum
setback requirements within the zoning district in which they are
located.
K.
Landscaping.
1.
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.
2.
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.
3.
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.
4.
Existing mature tree growth and natural land forms on or surrounding
the communication facility should be preserved to the maximum extent
possible.
a.
In some cases natural growth around the property perimeter may
be a sufficient buffer to waive the above-mentioned landscape requirements.
5.
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.
L.
Lighting.
1.
Towers will be artificially illuminated if required by a FAA
or other governing authority.
2.
The lighting shall be designed with the required guidelines,
yet should cause the least impact on surrounding or nearby properties.
3.
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.
M.
Tower And Support Building Appearance.
1.
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.
2.
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.
N.
Discontinued Use.
1.
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.
2.
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.
3.
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.
4.
Weeds and other rank vegetation shall apply to all sites pertaining
to the Marshfield City Code.
5.
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.
O.
Public Utility Owned Poles.
1.
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:
a.
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.
b.
The public utility owned pole shall be designed to withstand
applicable wind load requirements as prescribed by the State of Missouri.
c.
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.
d.
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.
e.
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.
2.
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:
a.
To prevent interference with a present or future City use of
the rights-of-way;
b.
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;
c.
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;
d.
When required to protect the public health, safety and welfare.
3.
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.
4.
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.
5.
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.
6.
Building permit for antenna facility attachment to public
utility owned poles.
a.
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.
b.
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.
c.
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.
P.
Changes Required For Public Improvements.
1.
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:
a.
To prevent interference with a present or future City use of
the rights-of-way;
b.
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;
c.
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;
d.
If applicant's property has not been removed following abandonment thereof under this Section 410.210;
e.
When required to protect the public health, safety and welfare.
2.
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.
Q.
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.
R.
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.
S.
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.
T.
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.
U.
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.
V.
Antenna Facility Maintenance. An applicant shall:
1.
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.
2.
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.
3.
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.
W.
Damages And Defense.
1.
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.
2.
In order for the City to assert its rights to be indemnified,
defended, or held harmless, the City must:
a.
Notify applicant of any claim or legal proceeding which gives
rise to such right;
b.
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.
X.
Liability Insurance.
1.
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).
2.
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.
3.
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.
4.
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.
5.
All insurance policies maintained pursuant to this Subsection
shall contain the following endorsement:
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"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."
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Y.
Maintain Records.
1.
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.
2.
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.
4.
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.
Z.
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.
