[Ord. No. 1250 §1(601), 10-15-2002]
A.
Purpose. This Section provides for the regulation of accessory
uses and structures and lists those common accessory uses and structures
that are specifically permitted.
B.
Definition. In accordance with Article II, Definitions and Interpretations, an accessory use or structure:
1.
Is subordinate to and serves a principal use or structure;
2.
Is subordinate in area, extent or purpose to the principal use or
structure;
3.
Contributes to the comfort, convenience or necessity of occupants
of the principal use or structure;
4.
Is located on the same lot as the principal use or structure served,
and shall include all structures or uses whether or not they are permanently
affixed to the ground by foundation or otherwise.
C.
Permitted Accessory Uses And Structures. Any use or structure that complies with the definition in Subsection (B) may be allowed as an accessory use or structure.
1.
Accessory uses and structures include, but are not limited to, the
following examples:
a.
Structures for parking incidental to a permitted use.
b.
Structures for storage incidental to a permitted use.
c.
Childrens' playhouses.
d.
Private swimming pools and spas.
e.
Guesthouse, without kitchen facilities, or rooms for guests in an
accessory building provided such facilities are used for the occasional
housing of guests of the occupants of the principal building, and
not as rental units or for permanent occupancy as housekeeping units.
f.
Greenhouse; provided that any greenhouse used solely for cultivating
Medical Marijuana for personal use of a Qualified Patient must comply
with the following:
[Ord. No. 4-2019, 8-13-2019]
g.
Satellite dish antennas.
h.
Barbecue pits.
i.
Storage of boats, boat trailers, camping trailers, and recreational
vehicles owned and used by the property owner, provided the equipment
is not used for living, sleeping or housekeeping purposes when parked
or stored.
j.
Home occupations as permitted in Section 400.430(C).
k.
Restaurants, drugstores, gift shops, cocktail lounges, newsstands,
and other similar uses located in a permitted motel, hotel or office
building.
l.
Employee restaurants and cafeterias when located in a permitted business
or manufacturing building.
m.
Central laundry and washroom facilities, clubhouse, manufactured
home park office and maintenance buildings when located in a manufactured
home park.
n.
A day care center located in a permitted business or industrial building
providing day care for children of persons employed on the premises.
o.
A day care center, hourly care center, or preschool located in a
church or school.
2.
None of the following shall be permitted as an accessory use:
a.
Outdoor storage or overnight parking in a residence district of a
commercial truck, van, bus or other vehicle with a gross volume weight
of more than two (2) ton. Church and school buses are permitted provided
they are parked on church or school property.
b.
Outdoor storage, except as specifically permitted by the zoning district
regulations.
c.
Modular homes, manufactured or mobile homes, or house trailers used
as storage, workshops or accessory buildings. The conversion of such
dwelling units or vehicles to a purpose other than for which it is
manufactured is prohibited.
d.
Living quarters in any zoning district other than a residential district
unless specifically permitted.
D.
Use Limitations. All accessory uses and structures shall
comply with the limitations applicable in the zoning district in which
they are located. No accessory structure shall be constructed and
occupied on any lot prior to the time of the completion of construction
of the principal structure to which it is accessory.
E.
Bulk And Setback Regulations. All accessory structures and
uses shall comply with the bulk and setback regulations applicable
in the zoning district in which they are located and with the following
additional regulations:
1.
Accessory structures or uses shall be located not less than thirty
(30) feet in back of the front building line for the principal structure.
2.
Accessory structures or uses shall be set back at least ten (10)
feet from the rear lot line.
3.
Accessory structures or uses shall be set back at least seven (7)
feet from the side yard lot line, except on a corner lot. When the
principal use or structure is on a corner lot, the accessory structure
or use shall be set back from the side yard lot line adjacent to the
side street such a distance so that the same shall not be closer to
the side street than one-half (½) the lot width on which the
principal structure is located.
4.
No accessory use or structure shall be permitted in any required
front yard.
[Ord. No. 1250 §1(602), 10-15-2002]
A.
Purpose. This Subsection provides for the regulation of
land uses or structures which are in place or needed for only a short
period of time.
B.
General Provisions.
1.
No temporary use or portion of a temporary display or structure shall
be located on publicly owned property or right-of-way unless approval
has been granted by the City.
2.
Unless otherwise exempted in the following Subsections, a temporary
use permit shall be obtained from the City before establishing any
temporary use authorized in this Section.
C.
Temporary Uses Permitted In Every District. The following
temporary uses of land or structures are permitted in every zoning
district subject to the specific regulations and time limits which
follow, and to the other applicable regulations of the district in
which the use is permitted.
1.
Contractor's office and equipment sheds (containing no sleeping or
cooking accommodations) accessory to a construction project and to
continue only for the duration of the project.
2.
Real estate offices (containing no sleeping or cooking accommodations
unless located in a model dwelling unit) incidental to a new housing
development to continue only until the sale or lease of all dwelling
units in the development.
3.
Fundraising activities and events, such as craft sales, bazaars and
Christmas tree sales, for non-profit organizations such as churches,
libraries and schools in the districts where the non-profit organization
use is permitted, provided that no more than six (6) such events per
calendar year shall be permitted and each event shall not exceed a
period of five (5) consecutive days. Christmas tree sales shall be
permitted for a period not to exceed thirty (30) consecutive days.
4.
Garage or yard sales, provided that no more than two (2) sales per
calendar year shall be permitted and each garage or yard sale shall
not exceed a period of three (3) consecutive days.
5.
Temporary wireless facilities towers for special events provided
the temporary tower does not exceed sixty (60) feet in height and
a permit shall not be issued for a period of time exceeding two (2)
days preceding and following the special event. Temporary towers may
also be located on the same site as an approved permanent tower during
the period that the permanent tower is being constructed.
6.
Festivals sponsored by government or community organizations, subject
to the following conditions:
a.
The event shall not exceed a period of five (5) consecutive days,
exclusive of a reasonable time to set up for the event and to clean
up after the event.
b.
Activities, lighting, noise or traffic associated with the festival
shall not unreasonably disturb surrounding residential properties.
c.
The festival sponsor shall be responsible for noise abatement, traffic
control and parking, sanitary needs, litter and trash control, cleanup
and waste disposal.
d.
The festival sponsor shall obtain a permit from the City for the
event. The festival sponsor shall provide the City with appropriate
plans, as may be requested by the City, that the above conditions
will be met.
D.
Temporary Use Permitted In All Commercial And Industrial Districts. The following temporary uses of land or structures are permitted in "C-1," "C-2," "I-1" and "I-2" zoning districts, subject to the limitations in this Subsection and the other applicable regulations in the district or districts in which the temporary use is permitted. The permits required by this Subsection pertain to private entities, not festival put on by charitable organizations which fall under Subsection (C), above.
[Ord. No. 3-2016, 6-21-2016[1]]
1.
Christmas Tree Sales For A Period Not To Exceed Thirty (30)
Days. Display of Christmas trees need not comply with the yard and
setback requirements of this Chapter provided that no tree shall be
displayed within thirty (30) feet of the intersection of the curb
line of any two (2) streets or any sight-triangle required in the
City of Branson West Design Standards for Public Improvements.
2.
Short-Term Special Uses.
a.
Short-term, outdoor special events shall be separated into categories
that differentiate between major community events involving multi-day
street closures or serving of alcohol outdoors and events that are
minor in nature. Application fees shall be paid according to the Schedule
of Fees, below. The City Administrator may create an application form
that is reasonably calculated to obtain the information needed by
the City to determine whether the granting of the permit is in the
City's best interest, including a detailed description of the proposed
event, starting and ending dates of the event (including periods for
staging and tear-down), security, collection and disposal of wastes,
lighting and signage, and other public safety issues. The application
shall be submitted in complete form at least thirty (30) days in advance
of the event (for Minor Events) or at least sixty (60) days in advance
of the event (for Major Events), with written consents of property
owners or lessees or both.
Major Events. If the outdoor special event involves the multi-day
closing of streets, the outdoor sale of alcohol or the use of City
real estate, the permit must be issued by the Board of Aldermen, upon
review of an application filed at least sixty (60) days in advance
of the first day of the event.
Minor Events. The City Administrator may authorize the issuance
of special events permits that do not involve multi-day street closings,
the use of City property or the sale of alcohol outdoors, such as:
(1)
Outdoor trade shows.
(2)
Outdoor entertainment and recreation, including
concerts, carnivals, circuses and rides.
(3)
Expositions, such as car shows, art shows and boat
shows.
(4)
Promotion and sales events, such as sidewalk sales
and truckload sales in which the merchandise is not sold by the adjacent
merchants who hold regular business licenses.
(5)
Combinations of any of the above items (1) through
(4).
b.
For Major Events or Minor Events, applications for permits may
be denied or revoked on the following grounds for an applicant who
fails to do any of the following:
(1)
Provide a completed and signed application at least
thirty (30) days in advance of the event (for Minor Events) or at
least sixty (60) days in advance of the event (for Major Events),
with written consents of property owners or lessees or both.
(2)
Provide a sufficient traffic control plan appropriate
for the size of the event.
(3)
Provide a plan or evidence of sufficient event
staff for crowd control and safety, including access for emergency
vehicles and integrity of temporary structures such as tents.
(4)
Provide a plan or evidence of sufficient sanitation
equipment and facilities for the safety and health of the public and
animals used in the event.
(5)
Provide a plan of waste management.
(6)
Provide adequate on-site or off-site parking, that
will allow for safe walking or use of shuttles from parking areas
to the event area, without substantial interference with ordinary
traffic.
(7)
Provide evidence of event insurance; if City real
estate is to be used, public liability insurance must show the City
as an additional insured in whatever amount that the City Administrator,
in consultation with the City's insurance advisors, believes is adequate,
(8)
Obtain all other City permits (for signage and
business licenses).
c.
For Major Events or Minor Events, applications for permits shall
be denied or revoked if:
(1)
The event will violate any local, State or Federal
law or regulation; or
(2)
Activities involving crowds do not shut down at
11:00 P.M.; or
(3)
The resources required to ensure public safety
with within the special event venue or district will prevent the police,
fire or emergency medical service departments from providing reasonable
protections to the remainder of the City; or
(4)
The concentrations of persons, animals, or vehicles
within the special event venue or district will unduly interfere with
the movement of police, fire, ambulance or other emergency vehicles;
or
(5)
The event will substantially interfere with any
other special event for which a permit has been granted, or the combination
of events, although they do not interfere, diminishes public safety
resources to unacceptable levels in the determination of the City;
or
(6)
The event will interfere with scheduled and unscheduled
government functions, including, but not limited to, construction
of buildings (public and private), road and utility work, street closures,
or any other reason to protect safety, health and the public welfare
in the City; or
(7)
The event organizer demonstrates an inability or
an unwillingness to conduct an event in compliance with the requirements
of the Code, or to comply with a condition to a City permit; or
(8)
The event organizer conducted a prior special event
in a manner that failed to substantially comply with Code requirements.
d.
Fee schedule:
|
Minor Event Permit
|
One hundred dollars ($100.00)
|
|
Major Event Permit
|
Two hundred dollars ($200.00)
|
E.
Temporary Uses Permitted In "C-2", "I-1" And "I-2" Districts. The following temporary uses are permitted in the "C-2", "I-1" and
"I-2" zoning districts, subject to the limitations in this Subsection
and the other applicable regulations in the district or districts
in which the temporary use is permitted:
1.
Fireworks stands, subject to the following limitations:
a.
Fireworks stands are required to have a forty (40) foot front setback;
a twenty-five (25) foot side setback unless adjoining a commercial
or less restrictive district, then ten (10) feet; a twenty-five (25)
foot rear setback unless adjoining a commercial or less restrictive
district, then ten (10) feet.
b.
The stand must be a minimum of thirty (30) feet from any other building
on the same or adjoining lot.
c.
The stand must be at least ten (10) feet from any overhead electric
line.
d.
All tents and fireworks stands must be a minimum of one hundred (100)
feet from any use involving sale or storage of gasoline, LP gas or
any combustible product.
e.
The following requirements shall be met when operating a fireworks
stand:
(1)
Fireworks in open stock may be kept in showcases or counters
out of reach of the public without an attendant on duty. Signs reading:
"FIREWORKS FOR SALE — NO SMOKING ALLOWED" shall be displayed
in the section of the store set aside for the sale of fireworks.
(2)
All the area within and adjacent to tents or stands shall be
maintained clear of grass, shavings or any combustible materials.
(3)
Minimum aisle width of thirty-six (36) inches, kept free and
unobstructed at all times.
(4)
Minimum exit way of forty-four (44) inches, with a minimum of
three (3) exits required.
(5)
One (1) portable ten (10) pound fire extinguisher per one thousand
(1,000) square feet of stand space must be kept on premises at all
times.
(6)
Electrical cords from the meter to the tent must be 12-2 with
ground exterior wire.
(7)
All circuits entering the stand shall be protected by a GFI
breaker.
2.
The sale of garden bedding plants and flowers, and vegetables and
fruits produced in the local area. Such use shall be permitted for
a period not to exceed six (6) months in one (1) calendar year, including
time to erect and dismantle any temporary greenhouse or stand.
3.
All temporary uses allowed under the provisions of this Subsection
are required to obtain a permit from the City. The following conditions
shall apply to the issuance of permits:
a.
No more than two (2) permits for a temporary use on the same property
shall be issued by the City during any six (6) month period.
b.
Any temporary structure erected for use under the provisions of this
Subsection must be erected in compliance with the City's Building
Code.
c.
No temporary use shall be issued a permit unless the City finds that
the applicable conditions of this Subsection have or will be met.
The applicant for a temporary use permit shall submit such information
or plans as may be required by the City to determine compliance with
the foregoing provisions.
[Ord. No. 1250 §1(603), 10-15-2002]
A.
Authorization. Any home occupation that is incidental to
the principal use of a building as a dwelling unit shall be permitted
in any dwelling unit, subject to the provisions of this Section.
B.
Definition. An activity carried out for compensation in
a residential dwelling unit or in a structure that is accessory to
the residential dwelling.
C.
Home Occupations Permitted. Home occupations include, but
are not limited to, the following:
1.
Dressmakers, seamstresses, tailors.
2.
Artists, sculptors, photographers, authors and composers.
3.
Home offices for architects, engineers, lawyers, realtors, insurance
agents, brokers, accountants, ministers, priests, rabbis, sales representatives,
manufacturers' representatives, home builders, home repair contractors,
trash haulers and similar occupations, provided that no retailing
and wholesaling of goods and materials are conducted on the premises.
4.
Music and art teachers or other tutoring services.
5.
Computer programming and data processing.
6.
Mail order and Internet order, not including retail sales from the
site.
7.
Telephone answering or similar telecommunication services.
8.
Washing and ironing.
9.
Home crafts, such as model making, weaving, woodworking, ceramics,
and similar activities, provided that no machinery or equipment shall
be used other than that which would customarily be found in the home,
including machinery and equipment that would ordinarily be used in
connection with a hobby or avocation not conducted for gain or profit.
10.
"Work at home" activities where employees of a business, located
at another site, perform work for the business in their own residences,
provided all physical contact between the employee and the business
occurs at the place of business, other than the initial installation
of any equipment or other work facilities in the employee's residence.
The work activities of the employee shall conform to all other requirements
of this Section.
D.
Use Limitations. In addition to all limitations applicable
to the zoning district in which it is located, no home occupation
shall be permitted unless it complies with the following restrictions:
1.
The home occupation shall be conducted entirely within the principal
residential structure or in a permitted accessory building.
2.
No alteration of the principal residential building shall be made
which changes the character thereof as a dwelling.
3.
The home occupation shall not involve outdoor storage of materials
or equipment.
4.
No more than twenty-five percent (25%) of the gross floor area of
the primary residential dwelling may be used for a home occupation.
5.
No stock in trade shall be displayed or sold on the premises.
7.
No stock in trade, except articles produced by members of the family
residing on the premises, shall be stored on the premises.
8.
No sign shall advertise the presence or conduct of the home occupation.
9.
No person other than an immediate member of the family, related by
blood, marriage, adoption or custodial relationship, occupying the
dwelling shall be employed in the home occupation.
10.
No mechanical or electrical equipment other than normal domestic
or household equipment shall be used.
11.
The receipt or delivery of merchandise, goods or supplies for use
in a home occupation shall be limited to the United States mail, similar
parcel delivery services, or private vehicles with a gross vehicle
weight rating of ten thousand (10,000) pounds or less.
12.
No vehicles shall be parked and no equipment or materials shall be
stored on the premises for trash haulers, homebuilders, home repair
contractors and similar occupations.
13.
The home occupation shall not produce offensive noise, vibration,
illumination, smoke, electrical interference, dust, odors, or heat.
Any such condition detectable beyond the property lines or beyond
the walls of the dwelling unit, if the unit is part of a duplex or
multi-family structure, shall constitute a violation of this Section.
14.
A business license shall be obtained, if required by other City ordinances.
E.
Particular Home Occupations Prohibited. The following types
of uses and activities shall not be permitted as home occupations:
1.
Animal hospitals, stables or kennels.
2.
Auto repairing and painting.
3.
Barber and beauty shops, unless specifically permitted by the zoning
district regulations.
4.
Boarding and lodging houses, unless specifically permitted by the
zoning district regulations.
5.
Dancing schools and studios.
6.
Funeral homes or mortuaries.
7.
Furniture repairing and refinishing.
8.
Medical offices for doctors, dentists or veterinarians.
9.
Nursery schools, day care homes and day care centers, unless specifically
permitted by the zoning district regulations.
10.
Palm reading or fortunetelling.
11.
Photofinishing.
12.
Portrait studios.
13.
Preparation of food for sale.
14.
Radio and television repair shops.
15.
Raising animals for sale.
16.
Restaurants.
17.
Shops contractors and tradesmen, such as electricians, plumbers,
and carpenters.
18.
Sign painting.
[Ord. No. 1250 §1(604), 10-15-2002]
A.
The
following structures are not subject to the height limitations in
this Chapter:
1.
When they are an integral part of a building: elevator machinery,
stairways, tanks, ventilating fans, or similar equipment required
to operate and maintain the buildings, and fire or parapet walls,
skylights, towers (excluding radio, television and telecommunications
towers), steeples, flagpoles, silos, chimneys, and smokestacks. No
space above the height limit shall be used to provide additional floor
space for the use being conducted on the premises.
2.
When they are a separate structure: water standpipes, water ground
storage tanks, or similar structures.
[Ord. No. 1250 §1(605), 10-15-2002]
A.
Front Yard Regulations. All property shall have a front yard of not less than prescribed in Article V, Zoning District Regulations, except that the following provisions shall apply:
1.
Where the front yard setback of existing buildings on platted lots
of record fronting the same street is less than the required front
yard specified in this Chapter, any building or structure hereafter
erected or structurally altered or enlarged shall conform to the following:
a.
On interior lots, where the frontage is located between two (2) intersecting
streets, the front yard setback line shall be at least the average
setback of the two (2) adjacent developed lots fronting the same street.
b.
On interior lots, where the frontage is located between two (2) intersecting
streets and only one (1) adjacent lot is developed, the setback line
shall be at least the average between the setback of the existing
building and the minimum required front yard setback on the vacant
lot.
c.
On corner lots, where the frontage is located at the intersection
of two (2) streets and the zoning district requires a setback, the
front yard setback line shall be the average of the adjacent existing
building setback and the required minimum setback fronting the same
street. However, no structure shall be located in an area formed by
a triangle measured twenty-five (25) feet along the right-of-way lines
from the intersection of adjacent street right-of-way lines.
2.
Where property on one (1) side of the street between two (2) intersecting
streets is located in a non-residential district adjacent to a residential
district, the front yard setback required in the residential district
shall also apply to the non-residential district. This requirement
shall apply only to the first one hundred (100) linear feet of frontage
zoned non-residential. No parking shall be permitted within the required
front yard setback.
3.
On culs-de-sac, the front yard setback line shall be located on the
lot so that it is parallel to a line drawn tangent to the cul-de-sac
right-of-way line at the center of the lot frontage. The front yard
setback line shall be located at a distance from the cul-de-sac right-of-way
line where the length of the front yard setback line is equal to the
minimum lot width required in the zoning district and the resulting
front yard setback is at least equal to the minimum required in the
zoning district.
B.
Yards Open. Except as otherwise specified in this Chapter,
required yards shall be open and unobstructed to the sky.
C.
Exceptions To Yard Regulations. The following exceptions
shall be permitted to yard and area regulations:
2.
Variations from major street plan. Where the Board
of Aldermen has adopted right-of-way of greater or lesser width from
those established by the City's major street plan, the right-of-way
established by the Board of Aldermen shall apply. Such right-of-way
width shall be used in determining yard requirements.
3.
Modification of lot width. Where an odd-shaped lot
has more than the required area for its particular zoning district,
the width of such lot may be computed in the most buildable portion
having minimum area requirements, provided that it complies with all
bulk and open space requirements for the zoning district.
D.
Permitted Projections Into Required Yards. The following
projections shall be allowed in a required yard and shall not be considered
an obstruction, subject to the restrictions specified:
1.
In all yards.
a.
Cornices, eaves, gutters, chimneys, sills, awnings, canopies or other
similar architectural features shall not extend or project into a
required side yard more than two (2) feet and shall not extend or
project into a required front yard or rear yard more than three (3)
feet.
b.
Open, unenclosed fire escapes shall not extend or project into any
front, side, or rear yard more than three and one-half (3½)
feet.
c.
Open, unenclosed stairways or balconies, not covered by a roof or
canopy, shall not extend or project into a required front yard more
than three (3) feet.
d.
Enclosing open porches, steps, platforms, carports or landing places
and outside open stairways which extend into minimum required yards
is prohibited.
e.
A retaining wall or solid masonry wall up to two and one-half (2½)
feet high shall be permitted in any required yard.
f.
Fences or hedges in the front yard shall comply with the requirements of Subsection (E) of this Section.
g.
Trellises, arbors and statuary.
h.
Flagpoles.
i.
Signs pertaining to the sale, lease or rental of the premises on which they are located, when permitted by the provisions of Article X, Signs.
j.
Filling station pumps provided that they are not less than fifteen
(15) feet from all lot lines.
3.
Vision clearance requirements.
4.
Front yards.
a.
No obstructions in front yards. On any lot which
a front yard is required by this Chapter, no wall, fence, or other
structure shall be erected and no hedge, tree, shrub, or other growth
or object of any kind shall be maintained in such location within
such required front yard so as to obstruct the view, except as permitted
by this Subsection and Subsection (E)(2), Sight Triangles.
b.
Fences in front yards.
(1)
Open fences not exceeding fifteen percent (15%) screening and
three and one-half (3½) feet in height above grade shall not
be deemed to obstruct the view.
The fences framing, defined as the vertical posts supporting
the fence from the ground and no more than two (2) horizontal crossbars
between the posts, shall not be included in the calculation of the
total square footage of screening provided the framing posts and crossbars
do not exceed a four (4) inch width and the posts are spaced at least
eight (8) feet apart. If the fencing is placed between brick or stone
pillars, these pillars shall be included in the calculation of the
total square footage of screening.
(2)
Questions on yard grade shall be resolved by the City's Administrative
Official.
5.
Sight triangles. Unless otherwise permitted by this Chapter, no wall, fence, other structure, hedge, tree, shrub, other vegetation, or landscaping materials over two (2) feet in height shall be placed within the sight triangle formed by the intersection of two (2) public streets, as defined in Section 400.790(A), or within the sight triangle formed by the intersection of a public street and a driveway, as defined in Section 400.790(B). However, a single tree having a single trunk shall be allowed in a sight triangle provided the tree is pruned to a height of seven (7) feet above the yard grade.
6.
When front yard not required. On any lot on which
a front yard is not required by this Chapter, no wall, fence, other
structure, hedge, tree, shrub, other vegetation, or landscaping materials
over two (2) feet or under seven (7) feet in height above the lowest
grade of two (2) or more intersecting streets shall be placed within
the street intersection sight triangle, the two (2) sides of which
are defined by measuring twice the pavement width of each intersecting
street, as classified in the City's major street plan, along its centerline
from the center of the intersection.
E.
Yard Requirements For Open Land. If a lot is, or will be,
occupied by a permitted use without buildings or structures, then
the minimum front, side and rear yards that would otherwise be required
for such lot shall be provided and maintained unless other provision
of this Chapter requires or permits a different minimum front, side
or rear yard. Front, side and rear yards shall not be required on
lots used for garden purposes without structures, or on lots used
for open public recreation areas.
[Ord. No. 4-2019, 8-13-2019]
A.
As used in this Section, Medical Marijuana facility means any of the Medical Marijuana facilities defined in Section 400.090.
B.
Location. No Medical Marijuana facility shall be located within one
thousand (1,000) feet of any then-existing elementary or secondary
school, day care or church, as measured by the following methods:
1.
In the case of a freestanding facility, the distance between
the facility and the school, day care, or church shall be measured
from the property line of the facility to the closest point of the
property line of the school, day care or church.
2.
In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the school, day care or church shall be measured from
the property line of the school, day care, or church to the facility's
entrance or exit closest in proximity to the school, day care, or
church.
3.
Measurements shall be made along the shortest path between the
demarcation points that can be traveled by foot.
C.
No Medical Marijuana facility shall be located within five hundred
(500) feet of residential zoned district or a City park.
D.
Distance Measured. The distance required in Subsection (B) shall be measured by following a straight line, without regard to intervening structures or objects, from the Medical Marijuana facility to the nearest point of the parcel of property containing an elementary or secondary school, church or day care facility or a residential zoning district boundary line.
E.
As used in this Chapter, then-existing elementary or secondary school,
day care facility or church means any such school, day care facility
or church with a written building permit from the City: (i) to be
constructed or under construction, or (ii) completed and in use, at
the time the Medical Marijuana facility first applies for either a
zoning or building permit, whichever occurs first.
G.
Prohibition Of Public Consumption. No Marijuana or Marijuana-Infused
product may be smoked, ingested, administered, or otherwise consumed
in public or on the premises of a Medical Marijuana facility.
H.
Site Plan Review.
I.
Medical Marijuana Cultivation Facilities. Cultivation facilities
may cultivate indoor, outdoor, and in a greenhouse, or a combination
of any of the three (3).
1.
Cultivation facilities are limited to a maximum square footage
of flowering canopy space or the number of flowering plants, as set
forth in 19 CSR 30-95.050.
2.
Outdoor Cultivation facilities must be within a fully secured
area enclosed by a razor wire or other similar security fence in compliance
with regulations of the Missouri Department of Health and Senior Services.
3.
Odor control plan must be made in compliance with regulations
of the Missouri Department of Health and Senior Services.
J.
Enforcement.
1.
This Section shall be enforced by the City Administrator or
an authorized designee, which may be the City's Police Department.
2.
Notice of the provisions of this Section shall be given to all
applicants for a business license in the City.
3.
Any citizen who desires to register a complaint under this Section
may initiate enforcement with the City Administrator or the City Administrator's
designee shall, while an establishment is undergoing otherwise mandated
inspections, inspect for compliance with this Section.
4.
An owner, manager, operator, or employee of an area regulated
by this Section shall direct a person who is smoking, ingesting, administering
or otherwise using Medical Marijuana or Medical Marijuana-Infused
Products in violation of this Section to refrain from doing so while
on the premises. If the person does not stop smoking, ingesting, administering
or otherwise using Marijuana or the infused products, the owner, manager,
operator, or employee shall refuse service and shall immediately ask
the person to leave the premises. If the person in violation refuses
to leave the premises, the owner, manager, operator, or employee shall
contact a law enforcement agency.
5.
Notwithstanding any other provision of this Section, an employee
or private citizen may bring legal action to enforce this Section.
6.
In addition to the remedies provided by the provisions of this
Section, the City Administrator or any person aggrieved by the failure
of the owner, operator, manager, or other person in control of a public
place or a place of employment to comply with the provisions of this
Section may apply for injunctive relief to enforce those provisions
in any court of competent jurisdiction.
K.
Violations And Penalties.
1.
A person who smokes, ingests, or otherwise consumes Medical Marijuana in public or as prohibited by the provisions of this Section shall be guilty of an ordinance violation, punishable by a fine not exceeding five hundred dollars ($500.00). This Subsection (K)(1) applies only to Medical Marijuana and is unrelated to recreational sale and use of marijuana under the Missouri penal Statute.
2.
Except as otherwise provided in Subsection (J)(4), a person who owns, manages, operates, or otherwise controls a Medical Marijuana facility and fails to comply with the provisions of this Section shall be guilty of an infraction, punishable by:
a.
A fine not exceeding two hundred dollars ($200.00) for a first
violation.
b.
A fine not exceeding two hundred seventy-five dollars ($275.00)
for a second violation within one (1) year.
c.
A fine not exceeding three hundred dollars ($300.00) for a third
violation within one (1) year.
d.
A fine not exceeding four hundred dollars ($400.00) for each
additional violation within one (1) year.
3.
In addition to the fines established by this Section, violation
of this Sectioin by a person who owns, manages, operates, or otherwise
controls a public place or place of employment may result in the suspension
or revocation of any permit or license issued to the person for the
premises on which the violation occurred.
4.
Odor in MIP facility. Violation of this Section is hereby declared
to be a public nuisance, which may be abated by the City Administrator
by restraining order, preliminary and permanent injunction, or other
means provided for by law, and the City may take action to recover
the costs of the nuisance abatement.
5.
Each day on which a violation of this Section occurs shall be
considered a separate and distinct violation.
L.
Public Education. The City Administrator or his/her designee shall
engage in a continuing program to explain and clarify the purposes
and requirements of this Section to citizens affected by it, and to
guide owners, operators, and managers in their compliance with it.
The program may include publication of a brochure for affected businesses
and individuals explaining the provisions of this Section.
M.
Other Applicable Laws. This Section shall not be interpreted or construed
to permit smoking, ingesting, administering or otherwise using Marijuana
where it is restricted by other applicable laws.
N.
Liberal Construction. This Section shall be liberally construed so
as to further its purposes.
O.
Severability. If any provision, clause, sentence, or paragraph of
this Section or the application thereof to any person or circumstances
shall be held invalid, that invalidity shall not affect the other
provisions of this Section which can be given effect without the invalid
provision or application, and to this end the provisions of this Section
are declared to be severable.
P.
Implicit Repeal. Any ordinance to the contrary is hereby repealed.
[Ord. No. 1250 §1(606), 10-15-2002]
A.
Purpose. This Section provides for the regulation of exterior
lighting and glare that may create a safety hazard and nuisance for
motor vehicle operators, pedestrians and land uses in the proximity
of the light source.
B.
Light Standards. Except for the exemptions provided for in Subsection (C), the following standards shall apply to all exterior lighting:
1.
The light source or luminare for all exterior lighting shall have
a cutoff so that the bare light bulb, lamp or light source is shielded
from the direct view of an observer at ground level at a property
line adjacent to a public right-of-way or property zoned residential
or at the interior bufferyard line if such bufferyard is required.
2.
Flickering or flashing lights are prohibited.
C.
Exemptions. The following are exempt from the exterior light
standards:
1.
Public street lights, signs, seasonal displays.
2.
Due to their limited hours of operation and unique requirements for nighttime visibility, ball diamonds, playing fields, tennis courts and other similar public recreation facilities are exempt from the standards in Subsection (B).
3.
Safety signal and warning device lighting.
[Ord. No. 1250 §1(607), 10-15-2002]
A.
Household Pets. Animals which are normally and customarily kept as household pets, as defined in Article II, Definitions and Interpretations, are allowed in any zoning district. Provided however, that no retail or wholesale business will be conducted in conjunction with the keeping of such household pets in any residential district or "C-1" Neighborhood Commercial District.
[Ord. No. 1250 §1(608), 10-15-2002]
A.
Purpose. The purpose of these regulations is to protect
residential property values by restricting the location of adult entertainment
businesses. National studies indicate that such businesses are perceived
to have a negative impact on residential property values. Dispersion
of adult businesses is required in order to avoid concentration of
uses that have a negative impact on adjoining property values.
B.
Location. An adult cabaret or adult media store may locate
only as conditional uses in the "I-1" and "I-2" zoning districts.
Such uses are prohibited within the area circumscribed by a circle
that has a radius of five hundred (500) feet from any residential
zoning district, school, park, church or public community center.
No more than one (1) such use may locate within each one thousand
(1,000) feet.
C.
Distance Measured. The distance required in Subsection (B) shall be measured by following a straight line, without regard to intervening structures or objects, from the adult cabaret or adult media store to the nearest point of the parcel of property containing a school, park, church, public community center, or a residential zoning district boundary line.
[Ord. No. 1250 §1(609), 10-15-2002]
A.
Telecommunication Towers.
1.
Federal jurisdiction. The Federal Communications
Commission (FCC) has exclusive jurisdiction over:
2.
Purposes. The general purpose of this Section is
to regulate the placement, construction and modification of towers
and telecommunications facilities in order to protect the health,
safety and welfare of the public, while at the same time not unreasonably
interfering with the development of the competitive wireless telecommunications
marketplace in Branson West. More specifically, the purposes are:
a.
To direct the location of towers and telecommunication facilities
in the City;
b.
To protect residential areas and land uses from potential adverse
impacts of towers and telecommunications facilities;
c.
To minimize adverse visual impacts of towers and telecommunications
facilities through careful design, siting, landscaping, and innovative
camouflaging techniques;
d.
To promote and encourage shared use/collocation of towers and antenna
support structures as a primary option rather than construction of
additional single-use towers;
e.
To avoid potential damage to adjacent properties caused by towers
and telecommunications facilities by ensuring such structures are
soundly and carefully designed, constructed, modified, maintained
and removed.
f.
To the greatest extent feasible, ensure that towers and telecommunications
facilities are compatible with surrounding land uses.
g.
To the greatest extent feasible, ensure that proposed towers and
telecommunications facilities are designed in harmony with natural
settings and in a manner consistent with current development patterns.
h.
To create a licensing process that allows the City to more efficiently
administer this Section.
3.
Applicability.
a.
All towers, antenna support structures and telecommunications facilities,
any portion of which are located within the City, are subject to this
Chapter. All towers within the City at the effective date of this
Chapter, or that are annexed at a later date, shall be registered
with the City Clerk within sixty (60) days from the effective date,
thereof together with the height, width and location thereof and a
registration fee established by the Board of Aldermen. Failure to
register an existing tower shall raise a presumption that said tower
was not a legal non-conforming use on the date of passage of this
Chapter. However, this Section shall not apply to tower structures
used, or to be used, solely for services provided pursuant to a broadcast
radio or television license issued by the Federal Communications Commission
or to towers and antennas used for private telecommunications services
when the equipment is located on the premises of the entity using
said private telecommunication service, or the towers and antennas,
support structure or masts are located on the primary business premises
of a provider of communications services if used to monitor the providers
services and the equipment used by the broadcaster, private telecommunicator
or provider is in compliance with any Federal, State or local laws.
b.
Except as provided in this Section, any current legal use being made
of an existing tower or antenna support structure on the effective
date of this Chapter (herein non-conforming structures) shall be allowed
to continue, even if in conflict with the terms of this Chapter.
B.
ACT
ANTENNA SUPPORT STRUCTURE
APPLICANT
APPLICATION
CITY
COMMUNICATIONS OR TELECOMMUNICATIONS
FCC
LICENSEE
PERSON
SITE
STEALTH
TELECOMMUNICATIONS FACILITIES
a.
b.
c.
TOWER
Definitions. For the purposes of this Section, the following
terms, phrases, words, and their derivations shall have the meaning
given herein:
The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 and as may, from time to time, be amended.
Any building or other structure other than a tower that can
be used for location of wireless telecommunications facilities.
Any person that applies for a tower license pursuant to this
Chapter.
The process by which an applicant submits a request and indicates
a desire to be granted a license to construct, own or operate a tower
within the City. An application includes all written documentation
made by an applicant to the City concerning such a request.
The City of Branson West, a municipal corporation, in the
State of Missouri.
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change in
the form or content of the information as sent or received, by wire,
radio, optical cable, electronic impulses, or other similar means.
As used in this definition, "information" means knowledge
or intelligence represented by any form of writing, signs, signals,
pictures, sounds, or any other symbols.
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
Any person who has lawfully obtained a tower license pursuant to Subsection (E) of this Section.
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit
or not-for-profit.
The actual location of a tower and may be only part of a
larger parcel or premise.
Any towers or telecommunications facilities that are designed
to blend into the surrounding environment.
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the wireless transmission
or reception of wireless telecommunications as authorized by the FCC
which a person seeks to locate or has installed upon a tower or antenna
support structure. However, the term "telecommunications facilities" shall not include:
Any satellite earth station antenna two (2) meters in diameter
or less which is located in an area zoned and used for industrial
or commercial purposes;
Any satellite earth station antenna one (1) meter or less in
diameter, regardless of zoning category.
Any satellite earth station in excess of two (2) meters in diameter
which is utilized for the reception of broadcast television, video
or radio signals and which is an ancillary use to a structure on the
premises of the holder of the broadcast license.
A self-supporting lattice, guyed or monopole structure constructed
from grade which supports wireless telecommunications facilities.
The term "tower" shall not include amateur radio
operator's equipment as licensed by the FCC. The term "tower" does not include: utility poles that are utilized for the support
of electrical, telephone, cable television, or other similar cables
and wires; are located on public rights-of-ways or easements for that
purpose; and are a part of a system of such poles throughout the City
of Branson West, Missouri.
C.
Permitted, Conditional And Accessory Uses.
1.
Generally. The allowable use of towers and placement of telecommunications facilities as either permitted uses or conditional uses in the several zoning districts shall be as set forth herein and in Article V, Zoning District Regulations. Multiple locations may be approved in one (1) application process.
2.
Wireless facilities and telecommunications towers shall be of the
following types:
|
Types
| ||
|---|---|---|
|
I
|
Wireless facilities and antennas mounted on buildings or other
structures, including existing towers, public buildings and structures,
school buildings and structures, and churches.
| |
|
II
|
Cell towers of a stealth design that are not greater than 60
feet in height, located on the same premise or parcel as public buildings
and structures, school buildings and facilities, church buildings
and non-commercial, not-for-profit residential neighborhood facilities
and approved by ordinance.
| |
|
III
|
Cell towers of a monopole or stealth design that are less than
100 feet in height.
| |
|
IV
|
Cell towers of a monopole or stealth design that are more than
100 feet in height.
| |
|
V
|
Cell towers not of monopole or stealth design, 100 feet or taller
and not able to collocate additional facilities.
| |
|
|
In no event shall a licensee be required to allow collocation
of facilities if to do so would result in technical interference with
the delivery of licensee's service. Failure to permit collocation
or joint use on a tower which has been built in accordance with setbacks
and special conditions permitted for towers designed for collocation
may result in any enforcement action as permitted in this Section.
|
3.
Same tower type. A tower which is modified to accommodate the collocation of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval of the City if it is demonstrated that permitting a different tower type will not exceed the height permitted in Subsection (C)(2), and will permit the collocation of more carriers than could be accomplished by the modification of the same tower type as the existing tower.
4.
Movement of tower. No towers shall be relocated
without going through the appropriate permitting and licensing procedure.
5.
Appeal process. Any applicant who is denied a tower
application, or who is determined by the City to be in violation of
this Section shall have the right of a hearing before an administrative
hearing examiner appointed by the Mayor, and mutually agreeable to
the applicant or tower owner. The hearing examiner shall set the hearing
date no later than twenty (20) days following the denial of an application,
or the determination of a violation, and shall consider, in addition
to a determination of whether or not a violation exists or the application
was improperly denied, the question of the technical or economic feasibility
of compliance with this Section. In the event the hearing examiner
finds that the tower was constructed in accordance with setback and
other provisions relating to towers designed for collocation, and
said tower is not being made available for joint use or collocation
as indicated at the time of application, the hearing examiner shall
order utilities disconnected until such time as the tower is used
jointly for collocation as originally stated in the application. The
hearing examiner's final decision shall be subject to review pursuant
to Chapter 536, RSMo. Any appeal under said Chapter shall be filed
within thirty days (30) from the date of the hearing examiner's decision.
Enforcement of the decision of the hearing examiner may be stayed
by the posting of a supersedeas bond in an amount determined by the
hearing examiner to be sufficient under the facts of the case to protect
the interests of the public and any third (3rd) party in the matter
whose rights would be adversely affected by such a stay as demonstrated
during any hearing on a request for said bond.
D.
Construction Standards.
1.
Setbacks.
a.
All towers shall be set back a distance equal to:
(1)
Fifty percent (50%) of the height of the tower up to one hundred
(100) feet, plus one (1) foot for each foot over one hundred (100)
feet in height; or
(2)
The distance between the tower base and guy wire anchors, whichever
is greater, with the guy wire anchors set back at least twenty-five
(25) feet from adjoining residential districts, public property or
a street or at least the rear yard setback from adjoining land in
other districts, unless the tower is designed for collocation.
(3)
In the event a tower is capable of being used for collocation
for at least two (2) additional carriers, the setbacks for structures
in the zoning district where the tower is located shall be complied
with for the tower base and any guy wire anchors.
b.
Setback requirements for towers shall be measured from the center
of the tower to the property line of the parcel on which it is located.
2.
Structural requirements. All towers must be designed
and certified by an engineer to be structurally sound and, at minimum,
in conformance with the City's Building Code, any applicable State
and Federal laws, and other standards outlined in the City Code. A
building permit must be obtained before construction may begin.
3.
Separation or buffer requirements.
a.
Towers shall be separated from the types of areas and comply with
the minimum standards established in the table set forth below unless:
(1)
Constructed on the same site as another tower designed for the
same purpose,
(2)
The second (2nd) tower is permitted by the zoning district,
and
(3)
The height of the second (2nd) tower does not exceed the height
permitted in the zoning district where the tower is to be located:
|
Designated Area
|
Separation Distance
|
|---|---|
|
Single-family or two-family residential units in a residential
district1
|
300 feet. If the tower1 is of a stealth
design or is designed for collocation of an additional carrier, then
the separation distance may be reduced to 100% of the height of the
tower.
|
|
Vacant single-family or two-family residentially zoned land
which is either platted or has preliminary subdivision plat approval
which is not expired.
|
300 feet. If the tower1 is of a stealth
design or is designed for collocation of an additional carrier, then
the separation distance may be reduced to 100% of the height of the
tower.
|
|
Vacant unplatted residentially zoned land and residential units
in non-residential zoned districts1
|
200 feet or 100% of tower2, whichever
is greater.
|
|
Existing multi-family residential units greater than two-family
units.
|
100 feet or 100% height of tower, whichever is greater
|
|
Non-residentially zoned lands or non-residential uses
|
None; only setbacks apply
|
|
1Includes modular homes and mobile
homes used for living purposes. Separation from a unit for purposes
of this table is to be measured from the edge of the building or structure
itself.
|
|---|
|
2Separation measured from the center
of the tower to closest building setback line.
|
b.
The minimum tower separation distances above listed shall be calculated
and applied irrespective of City and County jurisdictional boundaries.
c.
Measurement of tower separation distances for the purpose of compliance
with this Section shall be measured from the center of a tower to
the closest point of a designated area as specified in the above table.
d.
Separation distances from other uses set forth in this Subsection
may be reduced for towers designed for the collocation of telecommunications
facilities of other carriers by obtaining a conditional use permit
which will require demonstrating that the separation distances will:
(1)
Have the effect of preventing service to an area of the City,
or
(2)
Constitute a barrier to entry into the marketplace by the applicant,
or
(3)
Will constitute a technical or economic hardship on the applicant.
|
|
Additionally the applicant must demonstrate that:
|
(a)
The location, shape, appearance or nature of use of the proposed
tower will not substantially detract from the aesthetics of the area
nor change the character of the neighborhood in which the tower is
proposed to be located, and that landscaping techniques will be used
to screen the tower from any adjacent residential use; and
(b)
The proposed tower will accommodate at least two (2) additional
carriers of various telecommunications services.
|
|
The Board of Aldermen shall consider information presented by
the applicant and determine if a special exception would conflict
with the purposes of this Section, would create a blight on adjacent
property, or interfere with adjacent uses within the separation area.
If the tower requires a use permit, then said showing shall be made
to the Planning and Zoning Commission and Board of Aldermen as a part
of the conditional use permit process.
|
e.
Proposed towers must meet the following minimum separation requirements
from towers existing at the time a license is granted unless constructed
for the purpose of providing collocation capacity on the same site
as another tower designed for the same purpose, the second (2nd) tower
is permitted by the zoning district, and the height of the second
(2nd) tower does not exceed the height permitted in the zoning district
where the tower is to be located. However, an exception from separation
distances between towers may be obtained from the Board of Aldermen
if the applicant can demonstrate that such an exception is necessary
for the engineering design of the system the tower is to be a part
of, or that no other option is available to provide coverage for the
service area. An exception to the separation requirements shall be
approved or denied by ordinance.
|
Proposed
Tower Types
|
Existing Tower Types
| |||
|---|---|---|---|---|
|
Lattice or guyed 150 feet in height or greater
|
Lattice or guyed less that 150 feet in height
|
Monopole towers 75 feet in height or greater
|
Monopoles towers less than 75 feet in height
| |
|
Lattice
|
3,000 feet
|
2,500 feet
|
1,500 feet
|
750 feet
|
|
Guyed
|
3,000 feet
|
2,500 feet
|
1,500 feet
|
750 feet
|
|
Monopole 75 feet in height or greater
|
1,500 feet
|
1,500 feet
|
1,500 feet
|
750 feet
|
|
Monopole less than 75 feet in height
|
750 feet
|
750 feet
|
750 feet
|
750 feet
|
|
|
For the purpose of this Subsection, the separation distances
shall be measured by drawing or following a straight line between
the center of the existing tower and the center of the proposed tower.
|
4.
Method of determining tower height. The height of
the tower shall be measured as follows: the vertical distance between
the highest point of the tower and the natural grade below this point.
5.
Illumination. Towers shall not be artificially lighted
except as required by the Federal Aviation Administration (FAA). At
time of construction of a tower dual mode lighting shall be requested
from the FAA in cases where there are residential uses located within
a distance from the proposed tower that is equal to three (3) times
the proposed height of the tower.
6.
Finished color and tower markings. Towers not requiring
FAA painting or marking shall have either a galvanized steel finish
or be painted an off-white, light gray, silver or white finish. No
commercial signs or advertising shall be allowed on any towers or
telecommunications facilities.
7.
Fencing and screening. Fences must be constructed
around or upon parcels containing towers, antenna support structures
or telecommunications facilities and shall be constructed in accordance
with this Article.
8.
Bufferyard and landscape. All landscaping on parcels
containing towers, antenna support structures or telecommunications
facilities shall be in accordance with the applicable bufferyard requirements
in the zoning district where the tower, antenna support structure
or telecommunications facilities are located. Existing vegetation
shall be maintained to the extent possible. However, the City may
require additional landscaping if to do so would make the tower, antenna
support structure or telecommunications facility more reasonably compatible
with the surrounding area. All vegetation used in the landscaping
shall be located outside any fenced area.
9.
Security. All towers must be secured to protect
against trespass or unauthorized use of the property, tower or telecommunications
facilities.
a.
If high voltage is necessary for the operation of a tower or telecommunications
facilities and it is presented in a ground grid or in the tower, warning
signs shall be permanently attached to the exterior side of the perimeter
fence and located every twenty-five (25) feet. The signs shall display
in bold letters at least eight (8) inches high the following: "HIGH
VOLTAGE — DANGER".
b.
Identification tags or signs shall be posted on all communications
towers and telecommunications facilities in accordance with FCC and
OSHA requirements. The tags shall include the FCC tower registration
number, the latitude and longitude of the tower, and the name, address,
and telephone number of the tower owner. The identification tags shall
be posted on the perimeter fence and shall be constructed of durable
materials.
10.
Access. All parcels upon which towers are located
must provide adequate on-site parking. Traffic associated with the
facility shall not adversely affect traffic on adjacent streets.
11.
Interference with public safety radio services. In
order to ensure that the City's public safety radio services will
be free from objectionable technical interference, all applicants
requesting a permit to site a tower or telecommunications facilities
shall agree:
a.
To demonstrate compliance with good engineering practices;
b.
To provide the City a copy of all intermodulation studies submitted
to the FCC;
c.
Not to induce objectionable technical interference to the City's
public safety radio services;
d.
To comply with FCC regulations regarding susceptibility to radio
frequency interference, frequency coordination requirements, general
technical standards for power, antenna, bandwidth limitations, frequency
stability, transmitter measurements, operating requirements, and any
and all other Federal statutory and regulatory requirements relating
to radio frequency interference (RFI);
e.
In the case of co-location of telecommunications facilities either
in the same location or on the same tower as the City's, to not cause
or permit to be caused by its transmissions or other activities on
the premises objectionable technical inference of any kind whatsoever
to the broadcasting transmission, reception, or electromagnetic communications
of the City;
f.
To pay for any studies requested by the City to determine if the
applicant's telecommunications facilities are causing objectionable
technical interference;
g.
Upon notification by the City, if the operations of the applicant
are causing objectionable technical interference, to immediately undertake
all steps necessary to determine the cause of and eliminate such interference
at the cost of the applicant. If said interference continues for a
period in excess of forty-eight (48) hours after notice from the City,
the City shall have the right to cause the applicant to cease operating
the equipment that is causing the objectionable technical interference
or to reduce the power sufficiently to mitigate the objectionable
technical interference until the condition causing said interference
has abated.
12.
Certifications and inspections.
a.
All towers shall be certified by a structural engineer to be structurally sound and in conformance with the requirements of the City Building Code and all other construction standards set forth by the City's Code and Federal and State law. For new monopole towers, such certification shall be submitted with an application pursuant to Subsection (E)(4) and every ten (10) years thereafter; for existing monopole towers, or new lattice or guyed towers, such certification shall be submitted within sixty (60) days of the effective date of this Chapter and then every ten (10) years thereafter. The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is or has been jeopardized.
b.
The City and its agents shall have authority to enter onto the property
upon which a tower is located, between the inspections and certifications
required above, to inspect the tower for the purpose of determining
whether it complies with the City's Building Code and all other construction
standards provided by the City's Code and Federal and State law.
c.
The City reserves the right to conduct such inspections at any time,
upon reasonable notice to the tower owner. All expenses related to
such inspections by the City shall be borne by the tower owner.
13.
Maintenance.
a.
Licensees shall at all times employ ordinary and reasonable care
and shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures and accidents which are
likely to cause damage, injuries, or nuisances to the public.
b.
Licensees shall install and maintain towers, telecommunications facilities,
wire, cables, fixtures and other equipment in compliance with the
requirements of the National Electric Safety Code and all FCC, State
and local regulations, and in such manner that will not interfere
with the use of other property.
c.
All towers, telecommunications facilities and antenna support structures
shall at all times be kept and maintained in good condition, order,
and repair so that the same shall not menace or endanger the life
or property of any person.
14.
Drainage. All parcels, upon which towers approved
by the City are located, must provide adequate measures to protect
against drainage or storm water runoff problems both on site and off
site.
15.
Stealth design. All licensees shall make every reasonable
effort to design and construct new towers and telecommunications facilities
to blend into the character and environment of the area in which they
are located, including the use of camouflage techniques, path array
antennas and side-mounting antennas unless such use shall create a
hazard for the traveling public or it is not technically feasible
to use such design and collocate other facilities on the tower.
E.
Licensing Requirement.
1.
License required. No person may own or operate a tower, or place wireless telecommunications facilities on a tower, without first obtaining from the City a license to do so pursuant to this Section (herein referred to as "tower license" or "license"). This requirement applies both to new towers and to existing towers or non-conforming structures on the date of passage of this Chapter. Unless otherwise expressly provided elsewhere in this Section, the license required by this Section is in addition to all other applicable provisions of the zoning district and requirements for a building permit to construct the tower itself. A license may be denied if the applicant is not in compliance with any other provision of the Branson West Zoning Regulations regarding the use or provision of towers, telecommunications services or public property, health or safety. The license required under this Section shall not be in lieu of a license to conduct business in the City of Branson West, Missouri. Owners of existing towers and facilities on such towers shall have six (6) months from passage of this Section to obtain a license as required by this Subsection. A license shall be for a term of not more than five (5) years. A renewal must be made in compliance with this Subsection (E)(1) and an applicant must demonstrate an existing tower or telecommunications facilities are needed and reasonable alternatives will not meet their needs for continued service capability.
2.
Applications for towers. The following applications
shall be submitted for the construction and operation of a tower:
a.
License application. Prior to the construction of
any tower, a license application and fee shall be submitted to the
City Clerk. This is an initial license application fee and an additional
fee shall be due from the applicant should the City's actual costs
of review of the application exceed the fee. The City reserves the
right to employ an outside consultant to review any application. All
tower license applications shall include the following information
and documentation:
(1)
The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner, and the name, address, telephone number of the owner shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provision of Subsection (H) regarding abandonment.
(2)
A statement of whether or not the applicant will be developing
the tower for its own use or for the use of others.
(a)
If for applicants use, the following is required:
(i)
A description of the use.
(ii)
A description of the network the proposed tower
will be part of.
(iii)
A description of the technological design proposed
and description of alternatives.
(iv)
Evidence of drive-by tests or other studies relating
to the proposed tower which support location on the proposed property.
(v)
Construction date or schedule.
(3)
The legal description, parcel identification number, and address
of the parcel of land upon which the tower is to be situated.
(4)
The names, addresses and telephone numbers of all owners of
other towers or usable antenna support structures which are capable
of providing a location to construct the telecommunications facilities
that are planned to be housed or located on the tower within a three
thousand (3,000) foot radius of the proposed new tower site, including
City-owned property.
(5)
Written documentation that the applicant made diligent, but
unsuccessful efforts for permission to install or collocate the applicant's
telecommunications facilities on City-owned towers or usable antenna
support structures or made diligent, but unsuccessful efforts to install
or collocate the applicant's telecommunications facilities on towers
or usable antenna support structures owned by other persons.
(6)
Written documentation containing the following information:
(a)
Whether the applicant's telecommunications facilities are technically
capable of being installed or collocated on another person's tower
or usable antenna support structure.
(b)
If the applicant asserts that its telecommunications facilities
are economically or technically infeasible of being installed or collocated
on another person's tower or usable antenna support structure, a written
statement from the applicant setting forth the reason(s) why such
installation or collocation is technically or economically infeasible. "Technically infeasible" for the purpose of this Subsection
means that the collocation or installation of applicant's telecommunications
facilities on another person's tower or usable antenna support structure
would not comply with sound engineering principles, would materially
degrade or unreasonably impair the tower or usable antenna support
structure's current or planned use, or interfere operationally with
applicant's planned use. "Economic infeasibility" for purposes of this Section shall mean that the cost of collocation
is not a reasonable business decision from an economic standpoint
when all factors are considered.
(c)
If the tower is designed to accommodate one (1) or more additional
carriers or capacity for the location of telecommunications facilities
other than that of the applicant and, if so, the application shall
designate the nature, quality and location of the collocation that
will be accommodated.
(d)
An affidavit submitted with written technical evidence from
a radio frequency engineer that the proposed tower or telecommunications
facilities cannot be installed or collocated on another person's tower
or usable antenna support structure located within the search area
and must be located at the proposed site in order to avoid prohibiting
or effectively prohibiting the provision of personal wireless service
by the applicant.
(e)
Written technical evidence from a structural engineer that the
proposed structure meets the standards set forth in this Section and
the applicable requirements of the Building Code of the City.
(f)
A certification submitted with written technical evidence from
a qualified agent of the applicant that the proposed site of the tower
or telecommunications facilities does not pose a risk of explosion,
fire, or other danger due to its proximity to volatile, flammable,
explosive, or hazardous materials such as LP gas, propane, gasoline,
natural gas, or corrosive or other dangerous chemicals.
(g)
Written technical documentation of any Federal Aviation Administration
(FAA) approvals and lighting requirements and, if applicable, documentation
of approval or denial of dual mode lighting as provided in this Section
and a statement whether an FAA "Determination of No Hazard to Aviation"
is required by 47 C.F.R. part 17 of the tower. If such a determination
is required, no building permit for the tower shall be issued until
a copy of the determination is filed with the City.
(7)
A map of the City and the first (1st) half mile of all bordering
communities showing the design of the applicant's entire existing
or proposed wireless telecommunications network. Such map shall, at
minimum, indicate the exact location of all proposed or existing tower
and antenna sites, their dimensions, specifications, and signal area
coverage.
(8)
A site plan drawn to scale specifying the location of tower(s),
its planned height, guy anchors (if any), transmission building(s),
all telecommunications facilities, accessories, parking access plans,
landscaping plans (specifying size, spacing and plant material proposed),
fences and zoning designation of adjacent land.
(9)
The identity of all adjacent property owners.
(10)
A bond or irrevocable letter of credit in an amount determined
by the City to ensure that, should the tower be abandoned pursuant
to this Section, removal of said tower will be guaranteed, and to
insure the tower and property are maintained.
(11)
An applicant shall only be required to maintain one (1) maintenance bond and one (1) removal bond pursuant to Subsection (E)(2)(a)(10) for all of the applicants towers in the City; provided however, the applicant must maintain the initial level of such bonds if drawn upon by the City for any reason.
(12)
Proof of general liability insurance for claims for injury or
death and property damage in an amount approved by the City, but not
less than three hundred thousand dollars ($300,000.00) per occurrence
for personal injury and three hundred thousand dollars ($300,000.00)
per occurrence for property damage with the City listed as an additional
insured.
(13)
An acknowledgment that, by signing a permit application, the
applicant agrees to indemnify and hold harmless the City consistent
with indemnification language in the application.
(14)
The tower and/or landowner shall promptly notify the City by
certified or registered mail of the sale, transfer, or assignment
of any tower or telecommunications facility. Each sublease shall be
conditioned upon the sublease obtaining the necessary approvals for
the subject facility or site from the City prior to siting such facility.
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Within forty-five (45) days after a license application for
a tower location is filed with the City Clerk, the Planning and Zoning
Commission shall determine whether the applicant meets all the requirements
of this Section; and, accordingly, shall recommend approval or denial
of the application. The forty-five (45) day limit may be extended
should the City find it requires additional information or additional
study and the applicant agrees to said continuance. The application
shall be presented to the Board of Aldermen following Planning and
Zoning Commission recommendation. If the application is approved,
the City Clerk shall issue the license.
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b.
Conditional use permit application. If the zoning
district in which the tower is proposed to be located requires a conditional
use permit, a conditional use permit application shall be submitted
to the City.
The Commission shall hold a public hearing on the proposed conditional
use and shall transmit its findings and recommendations to the Board
of Aldermen. The Board of Aldermen may grant conditional use permit
for a tower, upon the applicant's demonstration to the satisfaction
of the City that:
(1)
The tower is to be located on a premise or parcel where public
buildings, facilities or structures, school buildings or facilities,
church buildings or a non-commercial, not-for-profit residential neighborhood
facilities are located; and
(2)
The tower height will not exceed sixty (60) feet; and
(3)
The stealth design blends into the surrounding area and the
structures existing on the premise where the tower is to be located;
and
(4)
The site plan minimizes the impact of the presence of the tower
on adjacent uses; and
(5)
If there is to be more than one (1) tower on a premise, the
presence of more than one (1) tower structure (if more than one (1)
is to be built) on the same site or premise is a part of the overall
stealth design to be utilized on the premise such as, but not limited
to, a series of light standards utilized as tower structures; and
(6)
A request for reduction of the separation requirements for towers
not located on the same premises is necessary for providing service
to an area of the City, the separation requirements constitute a barrier
to entry into the marketplace by the applicant, or will constitute
a technical or economic hardship on the applicant; and
(7)
Any light or noise from the tower will not violate light and
performance standards of the Branson West Zoning Regulations or other
codes of the City; and
(8)
The landscaping plan minimizes the impact of the tower location
on the appearance of the premise or site on which the tower is to
be located.
c.
Applications for wireless facilities on towers. No person shall construct or maintain a wireless facility on a tower without first obtaining a license from the City for such wireless facilities. An application shall include the name and address of the applicant, a statement by a qualified engineer or other professional that the addition of such wireless facilities meets all conditions of the City Code, the location of the tower and the location on the tower itself where the wireless facilities will be located, the location on the site for any supporting equipment and utility for said wireless facility, and the approximate length of time the applicant plans to use the tower to locate its wireless facilities. The fee for this license shall be renewable every five (5) years in accordance with Subsection (E)(6).
3.
Inspections. By applying for a permit or use for
a tower location, an applicant grants the City authority to enter
onto its property to inspect the tower for the purpose of determining
whether it complies with the applicable State law and all other construction
standards provided by the Code City and Federal law. The City reserves
the right to conduct such inspections at any time.
4.
Filing requirement. A licensee shall certify in
writing that its tower is structurally sound and conforms to the requirements
of the applicable State law and all other construction standards set
forth by the City Code, Federal and State law every five (5) years
by filing by January first (1st) of every fifth (5th) year following
the date of the grant of its tower license a sworn statement by the
licensee or his/her representative to that effect. Together with this
statement, every licensee shall provide a certificate of liability
insurance for no less than three hundred thousand dollars ($300,000.00)
coverage for injury to persons or/and an additional three hundred
thousand dollars ($300,000.00) coverage for property as a result of
any tower failure or malfunction or defect which lists the City as
an additional insured. Licensee shall list City as a party who must
be notified should this insurance be canceled or discontinued for
any reason thirty (30) days before the expiration of coverage.
5.
Discontinuance of use. In the event the licensed
use of a tower is discontinued by the licensee, the licensee shall
provide written notice to the City of its intent to discontinue use
and the date when the use shall be discontinued.
6.
License renewal fee. On or by January first (1st)
of every fifth (5th) year following the granting of an initial tower
or wireless telecommunications facilities license for a new or existing
tower or facilities placed on a new or existing tower, each licensee
shall submit a license renewal fee. In no event shall a license be
revoked or considered expired for failure to pay the fee unless the
licensee has received at least thirty (30) days' written notice of
the proposed action.
F.
Revocation Of License. The City may at any time revoke a
tower license for failure to comply with the provisions of this Chapter
or any other City code or State or Federal law. To properly revoke
a tower license, the City must comply with the procedures set forth
below:
1.
The City Clerk shall provide licensee with written notice of all
causes for revocation and the intent to revoke and shall allow licensee
sixty (60) days subsequent to receipt of the notice in which to correct
the violations or to provide adequate assurance of performance in
compliance with this Chapter. Together with the notice required herein,
the City Clerk shall provide licensee with written findings of fact
which are the basis of the revocation.
2.
The City shall provide the licensee with the right to a public hearing
before the hearing examiner appointed for that purpose by the Mayor
and mutually agreed to by the parties, which public hearing shall
follow the sixty (60) days' notice required herein. All interested
parties shall be allowed an opportunity to be heard at the public
hearing and present evidence.
3.
After the public hearing, the hearing examiner shall, within thirty
(30) days after the public hearing date, issue a written order setting
forth his/her findings of fact and conclusions of law forming the
basis for his/her decision.
4.
Upon written determination by the hearing examiner to revoke a license,
the licensee may appeal the decision to a court of competent jurisdiction
pursuant to Chapter 536, RSMo. The hearing examiner may provide for
a supersedeas bond in an amount deemed by said examiner to be sufficient
to protect the interests of the public, and such third (3rd) parties
whose interests were identified during any hearing on such a request
to post a bond, to permit the stay of enforcement of any revocation
or enforcement action by the City.
5.
Upon satisfactory correction by licensee of the violation upon which
said notice was given as determined in the City's sole discretion,
the initial notice shall become void.
6.
Upon licensee's failure to correct a violation as found by the hearing examiner, the Mayor or his/her designee may issue an order to disconnect utilities to said tower to any utility company providing same unless a supersedeas bond in an amount determined by the hearing examiner under Section 400.490(C)(5). As long as said bond is in full force and effect, and an appeal is pending under Chapter 536, RSMo., no order to disconnect utilities shall be made. Said order shall not be issued prior to thirty (30) days from the date of the hearing examiner's written determination. Said order shall be served upon the Chief Executive Officer thereof, together with the licensee at the last known address, and have attached to it the findings of the hearing examiner.
G.
Transfer Of License. A tower license may not be sold, transferred,
leased or assigned to any other person, without the consent of the
City, such consent not to be unreasonably withheld.
H.
Abandonment Of Tower.
1.
In the event the use of any tower has been discontinued for a period of one (1) year, or in the event that a licensee has taken no action within ninety (90) days after the revocation of a tower license pursuant to Subsection (F) to appeal the decision of the hearing examiner or to remedy or correct the violations resulting in the revocation, such tower shall be deemed abandoned.
2.
The City shall provide the tower owner three (3) months' notice and
an opportunity to be heard before a hearing examiner appointed by
the City Administrator for the purpose, and agreeable to the tower
owner if he/she may be located, before initiating such action. After
such notice has been provided, the City shall have the authority to
initiate proceedings to either acquire the tower and any appurtenances
attached thereto at the then fair market value, to approve the sale
of the tower to a third (3rd) party or, in the alternative, order
the demolition of the tower and all appurtenances.
3.
The City shall provide the tower owner with the right to a public hearing before the hearing examiner, which public hearing shall follow the three (3) month notice required in Subsection (H)(2). All interested parties shall be allowed an opportunity to be heard at the public hearing.
4.
After a public hearing is held pursuant to this Section, the hearing examiner may order the forfeiture to the City or demolition of the tower. The City may draw upon any maintenance bond or performance bond or letter of credit as provided in Subsection (E)(2)(a)(11) to pay for all expenses necessary to acquire or demolish the tower. The tower owner may stay such a draw or enforcement of an order of abandonment if he/she posts a supersedeas bond in an amount set by the hearing examiner sufficient to protect the interests of the public. However, in no event shall the removal of a tower which is determined to create a danger to the public or adjacent property be stayed due to the filing of such a bond.
I.
Location Of Towers On City-Owned Property. The City may authorize any person to locate a tower, antenna support structure or telecommunications facilities on publicly-owned property, subject to the application process set forth in Subsection (E)(2), and subject to the terms and conditions of any lease agreement executed between the City and such person.
