[Ord. No. 2000-46 §1(21-00), 4-10-2000]
Special provisions are set forth in this Division which deals
specifically with unusual or extraordinary circumstances which may
from time to time come before the Municipal Planning and Zoning Commission.
The special provisions of this Division will provide a means by which
unusual requests, of a nature specified herein, may be considered
and acted upon.
[Ord. No. 2000-46 §1(21-01), 4-10-2000]
No land shall be subdivided within the City of Chillicothe if
the parcel or parcels of land proposed for development are deemed
unsuitable for a proposed use because of flooding potential, inadequate
water supply or sewage disposal facilities, known mining subsidence
areas from past mining activities or any other conditions likely to
be harmful to the health, safety or welfare of future residents of
the proposed subdivision or of the community.
[Ord. No. 2000-46 §1(21-02), 4-10-2000]
Within the corporate limit of the City of Chillicothe, regardless
of zone district, all commercial scale mineral exploration and mining
activities shall be subject to the granting of a conditional use permit
prior to the commencing of such work. The permit shall specify the
nature of the proposed work, its duration and the safeguards to be
employed in protecting the general public from any excavations left
as a result of mineral exploration or commercial mining.
[Ord. No. 2000-46 §1(21-03), 4-10-2000]
A.
The
use of solar energy collectors for the purpose of providing energy
for heating and/or cooling is a permitted use within all zone districts,
whether as a part of a structure or incidental to a group of structures
in the nearby vicinity. Use of solar energy collectors is subject
to the restraints imposed by the present development pattern and topography
found inside the City limits of Chillicothe plus the zoning, height
and where a strict provision of the zoning ordinance may prohibit
adequate solar access, the developer may apply for a conditional use
permit from the City by filing said application with the Planning
and Zoning Commission. The Planning and Zoning Commission shall evaluate
said conditional use or application as it relates to restrictiveness
of the ordinance and reasonable solar access. The Planning and Zoning
Commission shall weigh the following factors in its evaluation:
1.
Different levels of solar access available and restrictiveness of
ordnance with regard to height, bulk, setback and related provisions.
2.
Local energy costs, topography and aesthetics of the specific area
or land tract proposed for solar access use.
3.
Characteristics of shading due to building and trees in determination
of necessary solar access plane.
4.
Identification of possible conflicts with solar access, including
architectural or historic preservation requirements, steep slopes,
low and moderate income housing restrictions and individual landowner
preferences.
[Ord. No. 2000-46 §1(21-04), 4-10-2000]
A.
When
a solar energy collection system is installed on a lot, accessory
structures or vegetation on an abutting lot shall not be located so
as to block the solar collector's access to solar energy. The portion
of a solar collector that is protected is the portion which:
[Ord. No. 2000-46 §1(21-05), 4-10-2000]
Section 405.1350 (above) does not apply to structures or vegetation existing in an abutting lot at the time of installation of the solar energy collection system or the effective date of this Chapter, whichever is later. Said subjection controls any structure erected on, or vegetation planted in, abutting lots after the installation of the solar energy collection system.
[Ord. No. 2000-46 §1(21-06), 4-10-2000]
A statement that a solar energy collection system is installed
in a lot shall be filed and recorded with the Zoning Administrator
or City Clerk and that the date of installation of said system shall
be the date of recordation.
[Ord. No. 2000-46 §1(21-07), 4-10-2000]
A.
It
is recognized that innovative housing designs appear from time to
time that encourage energy conservation, create welcome diversity
in the community and which will appeal to home builders and buyers.
It is the intent of this Chapter, through the provisions of the special
use permit and variance procedures contained herein, to recognize
and encourage creative, efficient and well-designed housing of innovative
varieties. Each sheltered housing, as one (1) example of newer trends
in housing construction, shall generally adhere to the following provisions
based on the issuance by the City Council of a conditional use permit
and granting of any applicable variances from the strict design provisions
of this Chapter.
1.
Densities or lot areas and lot widths for earth sheltered housing
units shall conform to those established residential zone districts
"R-1" and "R-2".
2.
Earth sheltered housing units may be attached, semi-detached or attached,
and shall be permitted in residential districts only.
3.
Each room of primary living area shall be provided with exterior
windows, subject to the following conditions:
a.
No window facing or within forty-five degrees (45°) parallel
to a side or rear property line shall be constructed within twenty
(20) feet of that line.
b.
No window facing the front property line shall be built within the
normally established front yard setback area, except for kitchens
and utility areas, which may be located within not less than one-half
(½) of the established setback distance.
c.
Every living room or bedroom shall have a glassed area of not less
than ten percent (10%) of the floor area and give direct visual access
to natural light and open space.
4.
An outdoor space of not less than five hundred (500) square feet
shall be provided immediately outside of the walls of the dwelling
subject to the following conditions:
a.
The average grade of elevation of this space shall be no more than
two (2) feet apart from the floor level of surrounding rooms or of
the rooms having access to it.
b.
The minimum horizontal dimensions of the outdoor area shall be not
less than twenty (20) feet.
c.
The average height of the walls surrounding this space shall not
exceed ten (10) feet.
d.
Where floor area of an earth sheltered dwelling is less than fifteen
hundred (1,500) square feet, minimum outdoor area may be reduced to
three hundred (300) square feet, with a minimum outdoor dimension
of fifteen (15) feet.
e.
Granting of a conditional use permit and any appropriate variances
shall be contingent upon Planning and Zoning Commission review of
a suitable building plan and general sketch indicating lot orientation
and related requirements.
[Ord. No. 2000-46 §1(21-08), 4-10-2000; Ord. No. 2016-70 § 2, 12-12-2016]
A.
This Section provides basic design criteria intended to encourage
the responsible placement of wind energy conversion systems (WECS),
communication towers, stealth communication towers, communication
antennae, and concealed communication antennae, consistent with the
public safety.
B.
Conditional Use Permit Required For Communication Tower Construction,
Stealth Communication Tower Or WECS. Installation of a communication
tower, stealth communication tower or WECS is subject to review by
the City Planning and Zoning Commission, regardless of location in
the City, pursuant to Sections 201 and 210 of the Public Utilities
Regulatory Act of 1978 or laws amendatory thereto. Installation of
such a communication tower or WECS within the City of Chillicothe
is subject to the granting of a conditional use permit.
C.
Criteria For WECS.
1.
Height. The height of any WECS shall not exceed the height requirement
or ceiling for the zone district within which the location of the
WECS is proposed. If the district has no height limitation, the height
limitation shall not exceed three hundred (300) feet from the ground
level unless a variance is obtained. In no case shall a WECS be constructed
in the approach or departure conical flight path of an airport or
heliport.
2.
Setback. The WECS shall be set back one and five-tenths (1.5)
times the height of the WECS in all zone districts.
3.
Fencing. An eight-foot fence with a locking portal is required
around any WECS to prevent potential climbing hazards.
4.
Braking Device. All WECS shall have braking systems when winds
reach speeds in excess of forty (40) miles per hour.
5.
Guidelines. All WECS shall have appropriate stabilizing guidelines,
with plans to be provided to the City, carrying the approval stamp
of a registered professional engineer.
D.
Criteria For Towers And Antennae.
1.
Concealed communication antennae, communication antennae, communication
towers, and stealth communication towers shall be allowed, provided
that all of the criteria below are met.
2.
All concealed communication antennae, communication antennae,
communication towers, and stealth communication towers shall meet
the following criteria:
a.
In addition to its application for a conditional use permit,
the applicant shall document reasonable efforts to locate its communication
antennae on an existing communications tower within the City or in
close proximity to the City. Such documentation shall also indicate
why co-location on any existing communication tower is not feasible.
b.
When any concealed communication antenna, communication antenna,
communication tower, or stealth communication tower shall no longer
be used for its original communications purpose, the owner of such
antenna or tower, or the last lessee, licensee, or user thereof, or
the owner of the site on which the same is located, shall be obligated,
jointly and severally, at its expense, to dismantle and remove promptly
such antenna or tower from its site. The licensed telecommunications
user of such antenna or tower shall provide the City with a copy of
the notice to the FCC of intent to cease operations thereon and shall
have ninety (90) days from cessation of operations to complete the
dismantling and removal of its equipment and the antenna or tower
from the site. If the antenna or tower is not removed, the City reserves
the right at any time thereafter, and after giving thirty (30) days'
written notice to the interested parties, to enter the property and
remove the antenna or tower, to charge the costs to the last lessee,
licensee or user thereof or the owners, and to place a lien in the
amount of the costs against the property of the owner of the site.
c.
The proposed use is compatible with the surrounding area.
d.
The establishment, maintenance, or operation of the antennae
or tower will not be detrimental to or endanger the public health,
safety, morals, comfort, or general welfare.
e.
The proposed use will not be injurious to the use and enjoyment
of other property in the surrounding area nor substantially diminish
and impair property values within the surrounding areas.
3.
Concealed communication antennae shall meet the criteria listed in Subsection (D)(2) above as well as the following criteria:
a.
Concealed communication antennae shall be housed completely
within the main building on site.
b.
The portion of the structure housing the concealed communication
antennae may exceed the building height limitation, provided that
it is housed and concealed completely within certain architectural
features on a building and:
(1)
The proposed height and appearance of the architectural
feature is architecturally compatible with the building, of a type
and nature commonly found on such buildings, and does not distract
from the view of the surrounding area;
(2)
The proposed height, appearance, and materials
of the architectural feature is compatible with the design, appearance,
materials, and dimensions of the building; and
(3)
Erection of the proposed architectural feature
and concealed communication antenna at the proposed location will
not be detrimental to the surrounding property values or uses.
4.
5.
Communication towers shall meet the criteria listed in Subsection (D)(2) above as well as the following criteria:
a.
A communication tower shall be set back from all property lines
a minimum of one (1) foot for every foot of structure height. No communication
tower shall be located within two hundred (200) feet of any residential
structure.
b.
Communication tower operators of any tower approved after the
effective date of this Section may be required by the City to provide
for the co-location of other communications providers on their tower
for reasonable compensation if their tower exceeds sixty (60) feet
in height.
c.
All accessory uses, and any guy wire anchors, shall be subject
to height and setback requirements generally applicable to principal
uses in the district. All guy wire anchor locations, equipment shelter
structures or buildings, fencing, and similar structures or improvements
constituting accessory uses shall be located on the same parcel of
land occupied by the communications tower.
d.
The site plan for the communications tower shall include the
following information:
e.
No advertising signs or lights shall be allowed on the communication
tower.
f.
No outdoor storage shall be allowed on the site containing the
communication tower.
6.
Stealth communication towers shall meet the criteria listed in Subsection (D)(2) above as well as the following criteria:
a.
The stealth communication tower shall be set back from all property
lines a minimum of one (1) foot for every foot of tower height. No
stealth communication tower shall be located within one hundred fifty
(150) feet of any residential structure.
b.
Stealth communication towers shall be a monopole or similar
design that does not require the use of guy wires.
c.
All accessory uses shall be subject to setback requirements
generally applicable to principal uses in the district.
d.
The site plan for the stealth communication tower shall include
the following information:
(1)
Exact location of tower;
(2)
Proposed type, number, and location of antennae
or other transmission equipment to be located on the tower;
(3)
Location of any adjoining residential districts
or structures used for residential purposes.
(4)
A rendering of the stealth tower or a picture of
a similar existing stealth communication tower.
e.
No advertising signs or lights shall be allowed on the stealth
communication tower.
f.
No outdoor storage shall be allowed on the site containing the
stealth communication tower.
7.
A temporary communication tower and communication antennae and
all associated equipment or attachments ("temporary antenna") may
be authorized by the City Council where the application is:
a.
Necessary to avoid a gap in existing service resulting from
and related to an unanticipated occurrence or approved permanent replacement
or relocation of an existing communication tower and/or antenna;
b.
Satisfies all other criteria or issuance of a conditional use
permit; and
c.
Further satisfies the following conditions:
(1)
The temporary antenna shall, as a condition of
issuance of any building permit and other authorization for installation
of a temporary antenna, be removed and the property restored to its
original condition within thirty (30) days after the completion of
the permanent structure approved in conjunction with the temporary
antenna, but in no event later than one hundred eighty (180) days
after its erection unless otherwise extended by the City Council upon
a showing of good cause necessitating extension not within the control
of the applicant;
(2)
The application complies with all otherwise applicable
building code and zoning requirements, including as applicable to
communication antennae, except that the City Council approval shall
substitute and replace the procedural requirements otherwise applicable
to conditional use permits for approving a communication tower; and
(3)
The proposed height, location, design, and appearance
of the temporary antenna shall not materially detrimentally impact
the view of the surrounding area, safety, or the surrounding property
values or uses. The City Council may impose location, safety or other
conditions as may be appropriate to address the temporary and unusual
nature of the use and conform to the purposes of this Code.
[Ord. No. 2000-46 §1(21-09), 4-10-2000]
May project to within two (2) feet of the curb of the street
provided the base of any such marquee, canopy or awning is not less
than eight (8) feet above the highest elevation of the sidewalk.
[Ord. No. 2000-46 §21-10), 4-10-2000]
Every use, unless expressly exempted or allowed by a conditional
use permit, shall operate in its entirety within a completely enclosed
structure; the exemption of a use from the requirement of enclosure
will be subject to the conditions stated in an authorized conditional
use permit.
[Ord. No. 2000-46 §1(21-11), 4-10-2000]
Day care and preschool operations in residential structures,
provided State of Missouri Statutes, regulations and licensing requirements
are met, must provide one (1) off-street parking space per employee
and one (1) off-street parking space for dropping off and picking
up children be provided.
[Ord. No. 2000-46 §1(21-12), 4-10-2000]
A.
Purpose And Intent. The purpose of this Section is to regulate
the placement, orientation, distribution patterns and fixture types
of outdoor lighting. The intent of this Section is to encourage lighting
that provides safety, utility, energy efficiency and security, also
to prevent glare on public roadways, protect the privacy of residents
and reduce atmospheric light pollution.
B.
Outdoor Lighting Compliance Statement: The person, firm
or agency performing work involving outdoor lighting fixtures governed
by this Section shall submit, as part of the site plan, evidence that
the proposed work will comply with this Chapter. This information
shall contain, but not be limited to, the following:
1.
The location, height, make, model, lamp type and wattage of each
outdoor lighting fixture; and
2.
Certification that the angle of total light cutoff is no more than
ninety degrees (90°); and
3.
Additional information the Zoning Administrator may determine is
necessary including, but not limited to, illuminance level profiles.
C.
Approved Materials And Methods Of Construction, Installation Or Operation. The provisions of this Section are not intended to prevent the use
of any design, material or methods of installation or operation not
specifically prescribed by this Chapter, provided any such alternate
has been approved. The Zoning Administrator may approve any such proposed
alternative provided it:
D.
General Requirements — All Zoning Districts.
1.
All outdoor lighting fixtures, including display lighting, shall
be turned off after close of business, unless needed for safety or
security, in which case the lighting shall be reduced to the minimum
level necessary.
2.
Auto-truck filling stations. Island canopy ceiling
fixtures shall be recessed, projecting downward only.
3.
Recreational facilities, public or private. Lighting
for outdoor recreational facilities shall be shielded so that light
only projects downward toward the ground and errant light is not permitted
to radiate skyward.
E.
Special Requirements. Industrial and commercial zoning districts
and industrial, commercial and institutional uses in any zoning district.
F.
Table Of Shielding Requirements.
|
Fixture Lamp Type
|
Shielded
|
|---|---|
|
Low/high pressure sodium, mercury vapor, metal halide and florescent
over 50 watts
|
Fully
|
|
Incandescent over 160 watts
|
Fully
|
|
Incandescent 160 watts or less
|
None
|
|
Fossil fuel
|
None
|
|
Any fight source of 50 watts or less
|
None
|
|
Other sources
|
As approved
|
|
NOTE: Incandescent includes tungsten-halogen (quartz) lamps.
| |
G.
Exemptions. The following uses shall be exempt from the
provisions of this Chapter:
1.
Roadway and airport lighting and lighting activated by motion sensor
devices.
2.
Temporary circus, fair, carnival or civic uses.
3.
Construction or emergency lighting, provided such lighting is temporary
and is discontinued immediately upon completion of the construction
work or abatement of the emergency necessitating said lighting.
4.
Temporary lighting
5.
Lighting associated with agricultural pursuits.
H.
FULLY SHIELDED FIXTURE
GLARE
OUTDOOR LIGHTING FIXTURE
RECESSED CANOPY FIXTURE
Definitions. As used in this Chapter, the following terms
shall have these prescribed meanings:
An outdoor fixture that is shielded or constructed so that
all light emitted is projected below a horizontal plane running through
the lowest part of the fixtures.
Light that causes annoyance, discomfort or loss in visual
performance and ability.
An electrically powered illuminating device or other outdoor
lighting fixture including all parts used to distribute the light
and/or protect the lamp, permanently installed or portable, used for
illumination. Such devices shall include, but are not limited to,
search, spot flood and area lighting.
An outdoor lighting fixture recessed into a canopy ceiling
so that the bottom of the fixture is flush with the ceiling.
[1]
Editor's Note — Lighting Fixture Examples included as
Attachment 1 to this chapter.
