City of Blue Springs, MO
Jackson County
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Table of Contents
Table of Contents
Note: All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual Code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City's website.
[R.O. 1996 § 408.010; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4625 § 10, 11-21-2016]
A. 
Statutory Authorization. The Legislature of the State of Missouri has in Section 89.020, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the City Council of the City of Blue Springs, Missouri exercises such responsibility as follows:
1. 
Findings Of Fact.
a. 
Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of the City of Blue Springs, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.
b. 
General Causes Of The Flood Losses. These flood losses are caused by:
(1) 
The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and
(2) 
The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.
c. 
Methods Used To Analyze Hazards. The Flood Insurance Study (FIS) that is the basis of this Section uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.
(1) 
Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Section is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Section. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for Jackson County dated January 20, 2017, as amended, and any future revisions thereto.
(2) 
Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
(3) 
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
2. 
Intent. The intent of the Floodplain Management Overlay District regulations of this Section are to:
a. 
Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.
b. 
Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.
c. 
Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
d. 
To promote the public health, safety, and general welfare; to minimize those losses described in Section 408.010(A)(1)(b); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 CFR 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Section.
3. 
Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this Section and other applicable regulations.
4. 
Abrogation And Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. All other City Code provisions inconsistent with this Section shall be construed so as to be consistent with this Section, and this Section shall control to the extent of the inconsistency only.
5. 
Interpretations. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes to the City or other entities.
6. 
Warning And Disclaimer Of Liability. The degree of flood protection required by this Section and its adopting ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Section shall not create a liability on the part of the City of Blue Springs, any officer or employee thereof, for any flood damages that may result from reliance on this Section or any administrative decision lawfully made thereunder.
7. 
Severability. If any section, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Section shall not be affected thereby.
B. 
Special Definitions. The following definitions shall apply only when interpreting and administering the regulations of this Section. In case of conflict with the definitions of Chapter 411, these special definitions shall control as to this Section. In all other cases, the definitions of Chapter 411 shall apply.
100-YEAR FLOOD
See "base flood."
ACCESSORY STRUCTURE
The same as "appurtenant structure."
ACTUARIAL RATES
See "risk premium rates."
ADMINISTRATOR
The Federal Insurance Administrator.
AGENCY
The Federal Emergency Management Agency (FEMA).
AGRICULTURAL COMMODITIES
Agricultural products and livestock.
AGRICULTURAL STRUCTURE
Any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.
APPEAL
A request for review of the Floodplain Administrator's interpretation of any provision of this Section or a request for a variance.
APPURTENANT STRUCTURE
A structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.
AREA OF SPECIAL FLOOD HAZARD
Is the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the structure having its floor subgrade (below ground level) on all sides.
BUILDING
See "structure."
CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL
The official of the community who is charged with the authority to implement and administer laws, Sections, and regulations for that community.
COMMUNITY
Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
ELEVATED BUILDING
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
EXISTING CONSTRUCTION
For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
FLOOD ELEVATION DETERMINATION
A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards.
FLOOD FRINGE
The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland, and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning Sections, subdivision regulations, building codes, health regulations, special purpose Sections (such as floodplain and grading Sections) and other applications of police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see "flooding").
FLOODPROOFING
Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
FLOODWAY ENCROACHMENT LINES
The lines marking the limits of floodways on Federal, State and local floodplain maps.
FLOODWAY or REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved State program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Section.
MANUFACTURED HOME
A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MAP
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
MARKET VALUE or FAIR MARKET VALUE
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
NFIP
The National Flood Insurance Program.
PARTICIPATING COMMUNITY or ELIGIBLE COMMUNITY
A community in which the Administrator has authorized the sale of flood insurance.
PERSON
Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
PRINCIPALLY ABOVE GROUND
That at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light- duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REMEDY A VIOLATION
To bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
RISK PREMIUM RATES
Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
SPECIAL FLOOD HAZARD AREA
See "area of special flood hazard."
SPECIAL HAZARD AREA
An area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE. "Start of Construction" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE COORDINATING AGENCY
That agency of the State government, or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings (see "repetitive loss").
1. 
For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences.
2. 
The term does not apply to:
(1) 
Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
(2) 
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or
(3) 
Any improvement to a building.
1. 
Any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds fifty percent (50%) of the current market value of the building. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures, which have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work done.
2. 
The term "substantial improvement" does not apply to:
(1) 
Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
(2) 
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or
(3) 
Any building that has been damaged from any source or is categorized as repetitive loss.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS
Is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
VARIANCE
A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the Board of Adjustment or any other review board, agency or official.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Section is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
C. 
Administration And Application For Floodplain Development Permit.
1. 
The Community Development Director or their designee shall administer and implement the floodplain management regulations of this Section. The duties of the Community Development Director or their designee shall include but not be limited to:
a. 
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Section have been satisfied;
b. 
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law;
c. 
Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
d. 
Issue floodplain development permits for all approved applications;
e. 
Notify adjacent communities and the Missouri State Emergency Management Agency (MO SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
f. 
Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
g. 
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
h. 
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;
i. 
When floodproofing techniques are utilized for a particular non-residential structure, the Community Development Director and/or their designee shall require certification from a registered professional engineer or architect; and
2. 
A floodplain development permit shall be required for all proposed construction or other development, including placement of manufactured homes, in the areas described in Section 408.010(D). To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
a. 
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
b. 
Identify and describe the work to be covered by the floodplain development permit;
c. 
Indicate the use or occupancy for which the proposed work is intended;
d. 
Indicate the assessed value of the structure and the fair market value of the improvement;
e. 
Specify whether development is located in designated flood fringe or floodway;
f. 
Identify the existing base flood elevation and the elevation of the proposed development;
g. 
Give such other information as reasonably may be required by the Community Development Director and/or their designee;
h. 
Be accompanied by plans and specifications for proposed construction; and
i. 
Be signed by the permittee or their authorized agent who may be required to submit evidence to indicate such authority.
D. 
Districts Established.
1. 
The mapped floodplain areas within the City are hereby redivided into two (2) Overlay Zoning Districts: (1) the FW-O, Floodway Overlay District, and (2) the FF-O, Floodway Fringe Overlay District. Within these Overlay Districts all uses shall be required to comply with the standards of this Section and the standards of the underlying zoning district. This Section and the districts to be established hereafter shall apply to all lands within the jurisdiction of the City of Blue Springs identified as numbered or unnumbered A Zones and AE, AO and AH Zones on the Flood Insurance Rate Maps (FIRM) for Jackson County Panels 29095C0309G, 29095C0312G, 29095C0314G, 29095C0316G, 29095C0317G, 29095C0318G, 29095C0319G, 29095C0336G, 29095C0338G, 29095C0434G, 29095C0435G, 29095C0451G, and 29095C0453G dated January 20, 2017, as amended, and any future revisions.
2. 
Selection of the regulatory flood is based upon engineering calculations that permit consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood that is reasonably characteristic of what can be expected to occur on the particular streams subject to this Chapter is in general order of a flood that could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's Flood Insurance Study and illustrative materials for Jackson County, Missouri, dated January 20, 2017, as amended, and any future revisions thereto.
E. 
General Standards. The following standards shall apply within the FW-O and FF-O Districts:
1. 
Permits And Compliance. No permit for construction shall be granted for new construction, substantial improvements and other improvements including the placement of mobile homes and manufactured housing units within all numbered and unnumbered A Zones (including AE Zone) unless the conditions of this Section are satisfied.
2. 
A-Zone. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all construction provisions of this regulation. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from Federal, State or other sources.
3. 
General Requirements. New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of mobile homes and manufactured housing units and other developments shall require:
a. 
Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. 
New or replacement water supply systems or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination.
c. 
Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
d. 
All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation.
e. 
That until a floodway has been designated, no construction, including landfill, may be permitted within Zones A1-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one (1) foot on the average cross-section of the reach in which the construction or landfill is located as shown on the Flood Insurance Rate Study.
f. 
Storage Of Material And Equipment.
(1) 
The storage or processing of materials that are, at the time of flooding, buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life is prohibited.
(2) 
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
g. 
Subdivision proposals and other proposed new construction, including mobile home parks or subdivisions, be required to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage.
(2) 
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage.
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4) 
Proposals for construction (including proposals for mobile home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation.
F. 
FW-O District Standards. The following standards shall apply within the FW-O District:
1. 
Any development within the regulatory floodway as defined on the FIRM panels noted in Section 408.010(D) shall be designed to allow the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point; and
2. 
There shall be no encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic or hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels within the community during the occurrence of the base flood discharge.
3. 
Permitted Uses. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the FW-O District to the extent that they are not prohibited by any other City Code or other law. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional licensed engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to all of the standards of this Section. The following are recommended uses for the FW-O District:
a. 
Agriculture, limited;
b. 
Agriculture, general;
c. 
Airports or airstrips;
d. 
Parks and recreation;
e. 
Golf courses;
f. 
Residential accessory uses such as lawns, gardens, parking and play areas; and
g. 
Non-residential accessory uses such as parking and loading areas.
G. 
FF-O District Standards. The following standards shall apply within the FF-O District:
1. 
Permitted Uses. Any use permitted in the FW-O District shall be permitted in the FF-O District.
2. 
Supplemental Standards. The following supplemental standards shall apply within the FF-O District:
a. 
New construction or substantial improvements of residential structures shall be required to have the lowest floor, including basements, elevated to or above three (3) feet above the base flood elevation.
b. 
New construction or substantial improvements of non-residential structures shall be required to have the lowest floor, including basements, elevated to or above three (3) feet above the base flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Community Development Director.
c. 
In new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than three (3) feet above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
d. 
All mobile homes and manufactured housing units shall be anchored to resist flotation, collapse, or lateral movement. Mobile homes and manufactured housing units must be anchored in accordance with the local Building Codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:
(1) 
Over-the-top ties be provided at each of the four (4) corners of the mobile home or manufactured housing units, with two (2) additional ties per side at intermediate locations and mobile homes and manufactured housing units less than fifty (50) feet long requiring only one (1) additional tie per side;
(2) 
Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes and manufactured housing units less than fifty (50) feet long requiring four (4) additional ties per side;
(3) 
All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
(4) 
Any additions to the manufactured home be similarly anchored.
e. 
All mobile homes and manufactured housing units shall be placed within Zones A1-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the mobile home or manufactured housing unit is at or above three (3) feet above base flood elevation; and be securely anchored to an adequately anchored foundation system.
f. 
Recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community's FIRM shall be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use*; or meet the permitting, elevation, and the anchoring requirements for manufactured homes of this Section.
*
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
H. 
Provisions For Flood Hazard Reduction – General Standards.
1. 
No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.
2. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Section. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.
3. 
Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.
4. 
All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
a. 
Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. 
Construction with materials resistant to flood damage;
c. 
Utilization of methods and practices that minimize flood damages;
d. 
All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
e. 
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and
f. 
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage;
(2) 
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) 
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
5. 
Storage, Material, And Equipment.
a. 
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
b. 
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
6. 
Manufactured Homes.
a. 
All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones, on the communities FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top of frame ties to ground anchors; and
b. 
Manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones, on the community's FIRM on any site shall, in the case of substantial damage, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to three (3) feet above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
7. 
Non-Conforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the Section, but which is not in conformity with the provisions of this Section, may be continued subject to the following conditions:
a. 
If such structure, use, or utility service is discontinued for twelve (12) consecutive months, any future use of the building shall conform to this Section.
b. 
If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
8. 
Cumulative Improvements. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five (5) calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvements exceeds fifty percent (50%) of the structure's current market value, the structure must be brought into full compliance with the provisions of Section 408.010(G)(2)(a) through (e) which requires elevation of structures to be three (3) feet above the base flood elevation and have all areas below the base flood elevation be floodproofed per Section 408.010(G)(2)(b).
9. 
Critical Facilities.
a. 
All new or substantially improved critical non-residential facilities, including, but not limited to, governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities, and schools shall be elevated above the 500-year flood level or together with attendant utility and sanitary facilities, be floodproofed so that below the 500-year flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in the National Flood Insurance Program (NFIP) regulations.
b. 
All critical facilities shall have access routes that are above the elevation of the 500-year flood.
10. 
Hazardous Materials. All hazardous material storage and handling sites shall be located out of the floodway and floodplain.
11. 
Penalties For Violations. Violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor and a violation of the City's Code. Any person who violates this Section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Blue Springs or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
12. 
Amendments. The regulations, restrictions, and boundaries set forth in this Section may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Blue Springs and at least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Section are in compliance with the National Flood Insurance Program (NFIP) regulations.
I. 
Floodplain Variance Procedures.
1. 
Establishment Of An Appeal Board. The Board of Adjustment as established by the City of Blue Springs shall hear and decide appeals and requests for variances from the floodplain management requirements of this Section; provided, however that nothing in this Section precludes such an appeal for a variance.
2. 
Responsibility Of Appeal Board.
a. 
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Community Development Director and/or their designee, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Section 403.080.
b. 
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Community Development Director and/or their designee in the enforcement or administration of this Section.
3. 
Further Appeals. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Jackson County Circuit Court as provided in Section 89.110, RSMo.
4. 
Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in this Section of the City Code, and the following criteria:
a. 
The danger to life and property due to flood damage;
b. 
The danger that materials may be swept onto other lands to the injury of others;
c. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. 
The importance of the services provided by the proposed facility to the community;
e. 
The necessity to the facility of a waterfront location, where applicable;
f. 
The availability of alternative locations, not subject to flood damage, for the proposed use;
g. 
The compatibility of the proposed use with existing and anticipated development;
h. 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
i. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and
k. 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.
5. 
Conditions For Approving Floodplain Management Variances.
a. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (b) through six (f) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
b. 
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provided the proposed activity will not preclude the structure's continued historic designation.
c. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e. 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or City ordinances.
f. 
A community shall notify the applicant in writing over the signature of a community official that:
(1) 
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(2) 
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Section.
[R.O. 1996 § 408.020; Ord. No. 4558 § 1, 8-3-2015]
A. 
Purpose. The H-O, Historic Overlay District, is intended to advance the following goals:
1. 
Protect, enhance and perpetuate such buildings, structures or land improvements and districts that represent or reflect elements of the City's cultural, social, economic, political and architectural history;
2. 
Safeguard the City's historic, aesthetic and cultural heritage as reflected in such buildings, structures or land improvements and districts;
3. 
Foster civic pride in the beauty and accomplishments of the past;
4. 
Strengthen the economy of the City;
5. 
Promote the use of a Historic District and Landmark as educational and cultural resources of the City; and
6. 
Promote the safety and general welfare of the residents of the City of Blue Springs.
B. 
Special Definitions. The following definitions shall apply only when interpreting and administering the regulations of this Section. In case of conflict with the definitions of Chapter 411, these special definitions shall control. In all other cases, the definitions of Chapter 411 shall apply.
ALTERATION
Any act or process that changes one (1) or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.
CONSTRUCTION
The act of adding an addition to an existing structure or the erection of a new principle or accessory structure on a lot or property.
DEMOLITION
Any act or process that destroys in part or in whole a landmark or structure within an H-O District.
REMOVAL
Relocation of a structure on its site or to another site.
REPAIR
Any change that is not construction, removal, or alteration.
C. 
Application — Effect Of H-O Zoning. The H-O District shall be applied in combination with the underlying zoning district classification to designate properties designated as Historic Landmarks or Historic Districts. In case of conflict between the underlying zoning district regulations and the H-O District regulations, the H-O District regulations shall control.
D. 
Procedures. The H-O District shall be applied to property pursuant to the zoning amendment procedures of Section 403.030, provided that the Historic Preservation Commission shall issue a recommendation to the Planning Commission prior to the Planning Commission's consideration of the application for H-O zoning.
E. 
Criteria For Designation. A structure or site, portion of a structure, group of structures, landscape elements, works of art, or any integrated combination thereof may be designated for preservation if it:
1. 
Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or nation; or is associated with the life of a person significant in the past;
2. 
Exemplifies the cultural, political, economic, social or historical heritage of the community;
3. 
Portrays the environment in an era of history characterized by a distinct architectural style;
4. 
By being part of, or related to, a park or other distinctive area, should be developed to preserve according to plan based on a historic, cultural or architectural motif; or
5. 
Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or City.
F. 
Additional Uses Allowed. Properties zoned H-O shall be subject to the use regulations of the underlying zoning district, provided that the following uses may be allowed as conditional uses if reviewed and approved in accordance with the conditional use review and approval procedures of Section 403.060. Uses in the Historic Overlay District are defined in Section 411.030(A)(11).
[Ord. No. 4795, 2-19-2019]
1. 
Bed-And-Breakfast Inn. In any structure constructed before April 20, 1987, and originally designed as a single-family dwelling unit, a bed-and-breakfast may be allowed as a conditional use, subject to the following standards:
a. 
The operator of the bed-and-breakfast is a full-time resident of the dwelling or detached accessory dwelling unit on the same lot.
b. 
No employees except those who are full-time residents of the subject lot shall be allowed.
c. 
A minimum of two (2) off-street parking spaces, plus one (1) per guest room shall be provided. Parking is prohibited in the front yard but may be located to the side or rear of the structures, provided the setback complies with development code setback standards. Fencing, screening and landscaping to buffer and protect surrounding residential properties from any adverse impact caused by the off-street parking of motor vehicles may be required.
d. 
A maximum of four (4) guest rooms are provided and each guest's stay is limited to fourteen (14) consecutive days. The quarters to be used by the guests and the occupants of the premises shall be in the principal residential structure or an approved accessory dwelling unit. Unfinished structures and garages are not permitted to be used as living units or sleeping rooms.
e. 
No exterior evidence of the bed-and-breakfast inn shall be allowed, except that one (1) two-by-three-foot attached sign shall be permitted. Plans for all proposed exterior changes, including signage, parking, fencing and changes to the structure, will be required to be reviewed through the conditional use permit approval process. Any room additions or expansions must be compatible with the existing architectural style of the building.
f. 
No food preparation, except beverages, is allowed within the individual guest rooms. Meal service shall be restricted to residents and overnight guests only. No receptions, private parties, etc., shall be permitted.
g. 
The resident owner shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license of all guests.
h. 
The bed-and-breakfast operator shall be required to receive an occupational license.
2. 
Arts And Crafts Studios. Arts and crafts studios shall be a conditional use in the H-O District.
3. 
Art Galleries. Art galleries shall be a conditional use in the H-O District.
4. 
Antique Shops. Antique shops shall be a conditional use in the H-O District.
5. 
Museums. Museums shall be a conditional use in the H-O District.
6. 
Restaurants. Restaurants that meet the definition of "restaurant, specialty," "tea room/shop," or "coffee house" shall be a conditional use in the H-O District.
G. 
Designation Of H-O (Historic Overlay) Zoning Districts And Landmarks.
1. 
Recommendations. The Historic Preservation Commission shall recommend to the Planning Commission and City Council the consideration for adoption of ordinances designating single structures or sites, portions of structures, groups of structures, landscaped elements, works of art, or integrated combinations thereof having a special historical or architectural interest or value as Landmarks or Historic Overlay (H-O) Zoning Districts. Such recommendations shall be accompanied by written reports describing the character and significance of the proposed Landmark or Historic Overlay District, outlining its proposed boundaries, and recommending specific criteria and guidelines to preserve its significance. Recommendations should also consider any Comprehensive Plan policies, projected public improvements and existing and proposed renewal and development plans applicable to the area to be affected by designation.
2. 
Criteria For Designation. A structure or site, portion of a structure, group of structures, landscape element, works of art, or any integrated combination thereof may be designated as a Landmark or Historic Overlay Zoning District if it:
a. 
Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or nation or is associated with the life of a person significant in the past;
b. 
Exemplifies the cultural, political, economic, social or historical heritage of the community;
c. 
Portrays the environment in an era of history characterized by a distinct architectural style;
d. 
By being part of, or related to, a park or other distinctive area, should be developed to preserve according to plan based on a historic, cultural or architectural motif; or
e. 
Owing to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or City.
3. 
Amendments To Official Zoning Map (rezonings). A recommendation to designate a specific property as a Landmark or Historic Overlay Zoning District shall be considered an application for amendment of the Official Zoning Map. The procedure for designation of property as a Landmark or Historic Overlay District shall be the same as for other amendments to the Official Zoning Map under Section 403.030, except that the Historic Preservation Commission shall be required to make a recommendation regarding designation prior to consideration by the Planning Commission.
4. 
Designation By Ordinance And Map. Upon approval of landmark designation or historic overlay zoning by the City Council, the Landmark or Historic Overlay Zoning District shall be classified and designated as an H-O District on the Official Zoning Map. The designating ordinance shall prescribe the significance of the building or site, including its specific exterior architectural features; establish specific design guidelines, including minimum maintenance standards, permitted uses, height and area regulations and where appropriate the proportions of windows and doors, relationship of building masses and spaces, roof shapes, landscaping, signage, and any other criteria or guidelines necessary to accomplish and preserve the particular criteria for designating such property as a Landmark or Historic Overlay Zoning District.
5. 
Notification Of Approved Designation. Within fifteen (15) days of the date that the City Council approves the ordinance designating property as a Landmark or Historic Overlay District, the City Clerk shall send certified mail to the owner of record of each property so designated or each property within the designated district a copy of the ordinance and written explanation outlining the basis for such designation and the obligation and restrictions which result from such designation.
6. 
Moratorium On Application For Construction, Alteration Or Demolition While Designation Pending. No application for a permit to construct, alter or demolish any structure or other feature in a proposed Landmark or Historic Overlay Zoning District, filed subsequent to the day that notice of a proposed designation has been first given to initiate designation of said Landmark or Historic Overlay District, shall be approved by the Director of Community Development while proceedings are pending on such designations; provided, however, that if after one hundred twenty (120) days have elapsed from the date of the initiation of said designation, the final action on such designation has not been completed, the permit application may be processed.
H. 
Review Of Development/Demolition Applications Within H-O Districts.
1. 
Applicability. The Director of Community Development shall provide appropriate permit information to the Historic Preservation Commission for review before any of the following actions may be taken on a landmark or to a building, structure, or feature of the land located within a Historic Overlay Zoning District:
a. 
Demolition;
b. 
Moving;
c. 
Material change in the exterior appearance by construction of additions, alterations, or maintenance; or
d. 
New construction of a principal building or accessory building within a Historic Overlay District or on the property of a landmark.
2. 
Plan Submittal. An applicant requesting permit approval must submit proposed plans to the Director of Community Development in sufficient detail for the Director of Community Development and Historic Preservation Commission to have full knowledge of the requested alteration, particularly how the proposed action will affect the appearance, materials and architectural design of landmark, or the buildings, structure of land within a Historic Overlay District.
3. 
Public Meeting. The Historic Preservation Commission shall review permit applications at its regular meetings. Each applicant for application approval shall be notified prior to the Historic Preservation Commission meeting at which the subject application will be reviewed.
4. 
Report. A written report of recommendation on the permit by the Historic Preservation Commission shall be forwarded to the applicant and Director of Community Development within forty-five (45) days of receipt of the application by the Historic Preservation Commission.
5. 
Review Criteria.
a. 
Development Permits. In acting on permit requests under this Section, the Historic Preservation Commission shall consider the extent to which the buildings or structures would be harmonious with or incongruous to the old and historic aspects of the surroundings. It is not the intent of this consideration to discourage the contemporary architectural expression or to encourage the emulation of existing buildings or structures of historic or architectural interest in specific detail. Harmony or incompatibility should be evaluated in terms of the appropriateness of materials, scale, size, height, placement, and use of a new building or structure in relationship to existing buildings and structures and to the setting thereof.
b. 
Demolitions. In the case of the proposed demolition of an existing landmark or building within a Historic Overlay District, the Historic Preservation Commission shall review such application and consider the following factors:
(1) 
The City's interest in protecting the public's health, safety, and general welfare.
(2) 
The detrimental impact upon the historic architectural, cultural, or economic character of the district or community in general.
(3) 
The structural feasibility of rehabilitation considering both the technological feasibility and the economic feasibility.
(4) 
The cost of rehabilitation and the remaining economic use of the property if rehabilitated, and the economic impact and hardship upon the owner.
6. 
Effect Of Report/recommendation. The Historic Preservation Commission's recommendation for approval or disapproval of said permit application shall not be binding on the Director of Community Development.
7. 
Guidelines For Rehabilitation. The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the Historic Preservation Commission's general guide concerning landmarks and older buildings in Historic Overlay Districts.
[R.O. 1996 § 408.030; Ord. No. 4558 § 1, 8-3-2015]
A. 
Applicability. The following regulations shall apply to new telecommunications facility uses, including facility replacement as set forth in Subsection (D)(8). It shall not govern any broadcasting facility, one owned and operated by a Federally licensed amateur radio station operator, or one used exclusively for receive-only antennas. The use shall not be regulated or permitted as an essential service public utility or private utility. The foregoing notwithstanding, all pre-existing telecommunications facilities within the City of Blue Springs, Missouri, at the time of passage of this Section shall be registered with the City's Director of Community Development within sixty (60) days from the effective date hereof together with the height, width and location thereof. The City of Blue Springs shall use its best efforts to notify all persons or entities subject to the registration of the registration requirement, but the failure of the City to notify an individual or entity shall not relieve such individual or entity of the requirement of registration. Failure to register an existing telecommunications facility shall raise a presumption that said telecommunications facility was not a legal non-conforming use on the date of passage of this Section. Except as provided in this Section, any current legal use being made of an existing telecommunications facility on the effective date of this Section (herein non-conforming structures) shall be allowed to continue, even if in conflict with the terms of this Section. However any pre-existing telecommunications facilities must comply with any FAA or FCC regulation or standard that requires retroactive application within six (6) months of the effective date of such standard or regulation, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to comply within the specified time period shall constitute grounds for removal of the facility at the operator's expense. Any telecommunications facility site that has received City approval in the form of either a conditional use permit or building permit prior to the effective date of this Section, but has not yet been constructed or located, shall be considered a non-conforming structure so long as such approval is current and not expired.
B. 
Purpose. The purpose of these provisions shall be:
1. 
To provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Blue Springs;
2. 
To minimize adverse visual impacts of communications antenna and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
3. 
To maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;
4. 
To promote and encourage shared use/co-location of towers and antenna towers as a primary option rather than construction of additional single-use towers;
5. 
To ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;
6. 
To facilitate the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process;
7. 
To avoid potential damage to adjacent properties from tower failure through careful siting of tower structures;
8. 
To ensure that the regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service;
9. 
To create a hierarchy that influences both where new telecommunications towers and facilities are located and the types of antennas that are used and that favors co-location and City owned sites and promotes use of an antenna with the least amount of adverse visual impact;
10. 
To encourage the location of telecommunications towers in non-residential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; and
11. 
Telecommunications towers shall, to the extent possible, accommodate emergency services antennas and shall not interfere with any existing emergency service facilities.
C. 
Definitions. The following definitions shall be used relating to this Section. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory.
ANTENNA
A transmitting and/or receiving device mounted on a tower, building or structure and used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals and other communications signals, including directional antennas such as panel and microwave dish antennas, and omnidirectional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth signals. This definition does not include over-the-air reception devices which deliver television broadcast signals, direct broadcast signals, direct broadcast satellite services or multi-channel multi-point distribution services, as defined and regulated by 47 CFR 1.4000, as amended.
ANTENNA DISH (DISH ANTENNA, SATELLITE DISH)
An antenna with a concave shape used for the reception and/or transmission of radio signals to and from satellites.
ANTENNA TOWER
A structure used to support an antenna at some height above the ground which may be referred to as a "tower."
BACKHAUL NETWORK
The lines that connect a telecommunication service provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
BROADCASTING FACILITY
Any telecommunication tower built primarily for the purpose of broadcasting AM, FM or television signals.
CABLE MICRO-CELL NETWORK
A series of multiple low-power transmitters/receivers attached to existing wire lines systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. A cable micro-cell network is assumed to require co-location on existing poles.
CITY OWNED
Titled in the name of the City of Blue Springs or the Blue Springs Public Building Authority.
CO-LOCATED TELECOMMUNICATIONS FACILITY
The placement of a new telecommunications facility on an existing telecommunications tower, existing building or structure.
DISH ANTENNA
See "antenna dish."
ESSENTIAL SERVICE
Those services provided by the City and other governmental entities that directly related to the health and safety of its residents, including fire, police and rescue.
EXISTING TOWER
Any telecommunications tower in existence at the time a telecommunications site plan is submitted.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FAIR MARKET VALUE
The price at which a willing seller and a willing buyer will trade.
GUYED TOWER
A telecommunications tower that is supported, in whole or part, by guyed wires and ground anchors.
LATTICE TOWER
A telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guyed wires or other supports.
MAJOR TELECOMMUNICATIONS FACILITY SITE PLAN
See Subsection (G)(11).
MICRO-CELL NETWORK
A series of multiple low-power transmitters/receivers of limited range that transmit to an antenna that is attached to existing wire lines systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. A micro-cell network is assumed to require co-location on existing poles.
MICROWAVE DISH ANTENNA
A telecommunications tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports.
MINOR TELECOMMUNICATIONS FACILITY SITE PLAN
See Subsection (F)(8).
MONOPOLE TOWER
A telecommunications tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports.
OPERATOR
An individual, partnership, association, joint stock company, trust or corporation engaged in control and maintenance of all instrumentalities, facilities and apparatus incidental to wireless telecommunication transmission, including, but not limited to, a tower, antennas, associated buildings, cabinets and equipment. For the purposes of this Section, an "operator" may or may not hold a sublease, license or title on or for the lot on which a tower is sited.
OWNER
Either the owner of the real property on which the telecommunications facility, tower or antenna is located or the owner of the telecommunications facility, tower or antenna itself.
PANEL ANTENNA
A flat, rectangular antenna or array of antennas designed to concentrate a radio signal in a particular area.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
PRE-EXISTING FACILITY, TOWER OR ANTENNAS
Any facility, tower or antenna which has been constructed or for which a building permit has been properly issued prior to the effective date of this Section, including permitted facilities, towers or antennas that have not yet been constructed so long as such approval is current and not expired.
PRIVATELY OWNED
Owned by any entity other than City owned.
PUBLIC UTILITY
Any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public.
SATELLITE DISH
See "antenna dish."
SECTION
Section 408.030 of the Blue Springs Code of Ordinances and all its Subsections.
1. 
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, including, but not limited to, any "telecommunication service," "enhanced service," "information service" or "internet service," as such terms are now, or may be in the future be, defined under Federal law.
2. 
As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols.
TELECOMMUNICATIONS FACILITY
Any cables, wires, lines, wave guilds, antennas and any other equipment or facility that is used or associated with the provision of one (1) or more telecommunications services, including, without limitation, radio transmitting towers, telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signals. The term "telecommunications facility" shall specifically exclude amateur radio transmitting towers and broadcasting facilities. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service as defined by Federal law.
TELECOMMUNICATIONS SERVICES
The offering of telecommunications (for the transmission, between and among points, specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received, by wire, radio, optical cable, electronic impulses, or other similar means) for a fee directly to the public, or to such classes or users as to be effectively available directly to the public, regardless of the facilities used. They include all instrumentalities, facilities, apparatus and services (among other things, the receipt, forwarding, and delivery of telecommunications) incidental to the transmissions. Personal wireless telecommunications services shall not be considered as essential services, public utilities or private utilities.
TELECOMMUNICATIONS STEALTH FACILITY
A state of the art facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that make it not readily identifiable as a telecommunications facility. An existing or proposed structure may or may not have a secondary function (i.e., bell tower, spire, flagpole, etc.). This term shall be synonymous with "camouflaged facility."
TELECOMMUNICATIONS TOWER HEIGHT
The vertical distance measured from the finished grade of the parcel to the highest point of the structure, including the base pad. This measurement does not include antenna, lighting or lightning rods which extend vertically from the highest point of the structure.
TELECOMMUNICATIONS TOWER
Any structure and support thereto designed and constructed primarily for the purpose of supporting one (1) or more antennas intended for transmitting or receiving personal wireless services, telephone, and similar and other telecommunications purposes and services including lattice, monopole, and guyed towers. The term includes personal wireless service facilities for the provision of commercial mobile services, unlicensed wireless service facilities (telecommunications services using duly authorized devices which do not require individual licenses), and common carrier wireless exchange access services. Also referred to as "tower." The term does not include radio and television transmission towers, amateur radio transmitting towers and broadcast facilities.
UNLICENSED WIRELESS SERVICE
The offering of telecommunications service using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services.
WHIP ANTENNA
A cylindrical antenna that transmits signals in three hundred sixty degrees (360°).
D. 
General Regulations Local, State And Federal Requirements.
1. 
A telecommunications facility (also referred to herein as "facility") owner shall certify to the City that all franchises/licenses required by law for the provision of telecommunication services in the City have been obtained and shall file a copy of these with the City. The construction, operation and repair of a facility shall be in accordance with all applicable local, State and Federal requirements. The construction, operation and repair shall be performed in a manner consistent with the applicable industry standards, including the Electronic Industries Association. The facility must be designed to meet or exceed current standards and regulations of the FAA and FCC, including emissions standards, and any other agency of the local, State or Federal government with the authority to regulate the facility prior to issuance of a building permit by the City. A statement shall be submitted by a licensed engineer certifying compliance with this Subsection. If such applicable Federal or State standards and regulations require retroactive application, then the facility owner shall bring its facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring it into compliance with such revised standards and regulations shall constitute grounds for removal at the facility owner's or operator's expense or the landowner's expense.
2. 
Inspection. The City reserves the right to conduct periodic inspection of facilities to ensure structural and electrical integrity. If inspection determines non-compliance with applicable Codes and standards, then, upon notice, the owner shall have no more than thirty (30) days to bring the facility into compliance unless a time extension has been granted for good cause by the Director of Community Development. Failure to do so within thirty (30) days, unless a time extension has been granted for good cause by the Director of Community Development, shall constitute grounds for the removal of the facility at the facility owner's or operator's expense or the landowner's expense.
3. 
Lighting. No signals, artificial lights or illumination shall be permitted on any facility unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize off-site impacts. Security lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.
4. 
Signs. No signs, including commercial advertising, logo, political signs, flyers, flags or banners, but excluding elements that are part of a stealth design and warning signs, shall be allowed on any part of an antenna or telecommunications tower (also referred to herein as "tower"). Any signs placed in violation of this Subsection shall be removed immediately by the owner or the operator or by the City at the owner's or operator's expense. Notwithstanding any contrary provisions of the City's Unified Development Code or Sign Code, the following warning signs shall be utilized in connection with the tower or antenna site, as applicable:
a. 
If high voltage is necessary for the operation of the tower or any backhaul network or associated equipment, "HIGH VOLTAGE — DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than twenty (20) feet apart.
b. 
"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart:
(1) 
The height of the lettering of warning signs shall be at least twelve (12) inches and the signs shall be installed at least five (5) feet above the finished grade;
(2) 
The warning signs may be attached to freestanding poles if the content of the sign may be obstructed by landscaping.
5. 
Parking. Each facility site shall provide paved parking only for use by maintenance personnel. A minimum of one (1) space shall be provided per user located on the facility site. No vehicle storage shall occur.
6. 
Security Fencing. Towers and associated accessory building/equipment shall be enclosed by a security fence or wall that is a minimum of seven (7) feet in height and is equipped with an anti-climbing device or apparatus. Access shall be through a locked gate or door in the required fence or wall. A description of proposed security measures shall be provided as part of any application to install, build or modify a telecommunications facility. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Director of Community Development or the Planning Commission or the City Council in the case of a conditional use permit so long as the additional measures are reasonably related to a security issue. Fencing shall be maintained as required by Chapter 407 of the Unified Development Code regardless of the zoning district in which it is located.
7. 
Outdoor Storage. No outdoor storage of vehicles, materials or equipment is permitted. Mobile or immobile equipment not used in direct support of the facility shall not be stored or parked on site unless repairs to the facility are being made.
8. 
Facility Replacement.
a. 
Modification To Existing Site. Up to fifty percent (50%) of the height of an existing tower may be replaced with no increase in height as part of modifications made to provide for co-location of a new facility. Replacement of more than fifty percent (50%) shall be considered a new tower and shall meet all of the applicable requirements.
b. 
Rebuilding Damaged Or Destroyed Existing Site. Existing towers and facilities that are damaged or destroyed may be rebuilt through administrative review and approval [minor telecommunications site plan review, see Subsection (H)(3)(b)], provided the replacement tower or facility is the same as the original in type, location and intensity or brings a previously non-conforming tower or facility into greater conformance and no more than fifty percent (50%) of the tower or facility is involved. If more than fifty percent (50%) of the tower or facility is involved, it shall be considered a new facility that shall meet all of the applicable requirements. All replacement shall comply with the then applicable Building Codes and building permits obtained and be completed within one hundred eighty (180) days from the date the tower or facility is damaged or destroyed. If no building permit is obtained or it expires, or replacement is not timely completed, the tower or facility shall be deemed abandoned.
9. 
Removal Of Abandoned Facility. Any facility deemed abandoned pursuant to this Code or any facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner or last operator thereof shall remove it within ninety (90) days of receipt of written notice to remove from the City. Failure to remove an abandoned tower or facility within the ninety (90) days shall be grounds to remove it at the facility owner's or last operator's expense or the landowner's expense. If there are two (2) or more users of a single tower or facility, then this provision shall not become effective until all users cease using it.
10. 
Facility Appearance.
a. 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness and so as to be consistent with the natural or built environment of the site.
b. 
The design of the equipment structure and any other associated permitted structures shall, to the maximum extent practicable, use materials, colors, textures, screening and landscaping that minimize the visual impact and enhance compatibility with the surrounding natural or built environment. Camouflage and stealth technology, if available and economically feasible, shall be used to minimize visual impact on surrounding property. Additionally the design of the site shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All towers will be constructed using monopole and/or stealth design unless specifically provided for elsewhere in this Section.
c. 
Facilities must comply with all applicable landscaping requirements of this Code. The City may require landscaping in excess of those requirements in order to enhance compatibility with adjacent uses or zoning districts. At a minimum the landscaping shall consist of a landscape strip of not less than ten (10) feet in width planted with materials which will provide a visual barrier to a minimum height of six (6) feet, as approved by the City. The landscape strip shall be exterior to any security wall. These requirements may be waived by the Governing Body where natural growth and land forms provide an equivalent buffer. Existing mature trees and land forms of the site shall be preserved to the maximum extent possible.
d. 
For co-located telecommunications facilities, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to minimize the visual impact and enhance compatibility with surrounding development.
e. 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be to the maximum extent practicable, of stealth design.
11. 
Security Fund.
a. 
Every provider of telecommunications services and telecommunications operator shall establish a cash security fund, or irrevocable letter of credit, to secure the payment of removing their tower or facility that has been determined to be abandoned, to secure the payment of removing their tower or facility that has been determined to be in non-compliance with this Code, and to provide the City a fund from which to deduct fines and penalties for non-compliance with this Code or other applicable laws unless prohibited by valid and applicable State or Federal law. The amount to be provided for each tower shall be twenty-five thousand dollars ($25,000.00); the amount for each antenna array shall be five thousand dollars ($5,000.00).
b. 
In the alternative, said provider or operator may, in lieu of the cash security fund or irrevocable letter of credit, file and maintain with the City a bond in the amount of twenty-five thousand dollars ($25,000.00) for each tower and the amount of five thousand dollars ($5,000.00) for each antenna array. The operator and provider and the surety shall be jointly and severally liable under the terms of the bond.
c. 
Any reduction in the security fund provided, because of deductions of fines, penalties or removal costs, shall be replenished to the total of the required amount within thirty (30) days after notice from the City of the amount deducted and the deficiency created thereby.
d. 
Within a reasonable period of time, not to exceed three (3) months after the tower or antenna is removed, any remaining funds on deposit with the City pursuant to this Section, after application and above all expenses provided for herein, shall be refunded to the appropriate provider or operator who created the security fund.
12. 
Building Codes Safety Standards. Prior to the issuance of a building permit to construct a facility, antenna or tower, the owner/applicant or operator/applicant shall provide the City with all required licenses and certifications from Federal, State and County agencies. To ensure the structural integrity of towers, the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable Federal, State or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Director of Public Works or their designee concludes that a tower fails to comply with such Codes and standards, then upon notice being provided to the operator or owner of the tower, the operator shall have thirty (30) days to bring the tower into compliance with such standards. Failure to bring a tower into compliance within thirty (30) days shall constitute grounds for the removal of the tower at the owner's or operator's expense.
13. 
Franchises. Owners and/or operators of towers and antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Blue Springs have been obtained and shall file a copy of all required franchises with the Director of Community Development as part of the minor or major telecommunications site plan submission.
14. 
Separation. All towers shall be separated by a distance of one (1) mile. A new tower shall not be permitted in a location within one (1) mile distance of another tower, unless it is determined by the body or individual making the decision regarding the submission that both towers are acceptably screened from any adjoining residential uses and the second tower is necessary to the provision of service within the City of Blue Springs to a standard mandated by Federal law and as demonstrated pursuant to this Section.
E. 
Siting Alternatives Hierarchy. Development of a facility use shall be in accordance with the following siting alternatives hierarchy. The order of ranking, from highest to lowest, shall be 1a, 1b, 2a, 2b, 3a, 3b. Where a lower ranked alternative is proposed (i.e., 2b), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible or reasonably available.
1. 
Co-Location On Existing Telecommunications Tower.
a. 
On City-owned site.
b. 
On privately-owned site.
2. 
Co-Location On Existing Building/other Structure.
a. 
On City-owned site.
b. 
On privately-owned site.
3. 
Development Of New Telecommunications Tower.
a. 
On City-owned site.
b. 
On privately-owned site.
F. 
Co-Location Regulations. The following are required for co-location of facilities, towers or antennas:
1. 
Use Regulations. Co-location is permitted in any zoning district.
2. 
Height.
a. 
Tower [see Subsection (G)(3)].
b. 
Building/other Structure. The minimum height of the building/structure before installation of the telecommunications facility shall be fifty (50) feet. The maximum height of the telecommunications facility or antenna installed on an existing building or structure other than a tower shall not exceed twenty (20) feet above the building/structure.
3. 
Antenna Type. To minimize adverse visual impacts, the antenna used shall be in accordance with the following alternatives hierarchy. The order of ranking, from highest to lowest, shall be a, b, c, d. Where a lower ranked alternative is proposed (i.e., c), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible.
a. 
Stealth.
b. 
Panel.
c. 
Whip.
d. 
Dish.
4. 
Modification. Modifications to the structure to accommodate co-location subject, however, to Subsection (D)(8).
5. 
Future Co-Location. Wherever feasible, the facility owner shall provide for future co-location on the facility by other service providers and for public purposes or demonstrate by substantial evidence that it is not feasible. The owner of a tower shall not charge providers seeking to co-locate in excess of the fair market value for the space, as determined at the time of the request for co-location. In the event of a dispute, the parties shall select an independent appraiser to determine fair market value. If the parties cannot agree on the selection of an appraiser, the City shall select one. All appraisals shall be performed at the expense of the parties.
6. 
Lease. The City may require, as a condition of entering into a lease agreement with the City, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to the execution of the lease.
7. 
Equipment Structure.
a. 
Ground Installed. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure). The equipment shall meet the minimum setbacks required for a principal building in the underlying zoning district.
b. 
Roof Installed. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure), subject to compliance with the regulations of all Building Codes adopted by the City.
8. 
Telecommunications Facility Site Plan. A minor telecommunications facility site plan that meets the requirements of Subsection (H)(3) shall be submitted with an application for co-location, except that for a micro-cell network or cable micro-cell network a minor telecommunications facility site plan shall not be required for each individual low-power transmitters/receivers, but one is required for each facility that transmits to, or receives from, the individual low-power transmitters/receivers.
G. 
New Telecommunications Facility, Telecommunications Tower And Antenna Regulations That Are Not Co-Located. The following are required for new facilities, towers or antennas:
1. 
Use Regulations (Where Allowed Subject To The Requirements Of This Section).
a. 
Permitted Use (Subject To Requirements Of This Section).
(1) 
City-owned property.
(2) 
HI — Heavy Industrial District.
(3) 
A telecommunications tower may also be incorporated into new development of a permitted use as an accessory use, provided the permitted principal use is a telecommunications-related use and the applicant demonstrates that the telecommunications tower is a necessary and inseparable part of the operations of the use. In such cases, the telecommunications tower and any associated equipment structure shall comply with Subsection (G) and all other applicable Code provisions.
b. 
Conditional Use (Obtained Pursuant To Section 403.060, Conditional Use Permits).
(1) 
GB — General Business District.
(2) 
RC — Regional Commercial District.
(3) 
SO — Service/Office District.
(4) 
LI — Light Industrial District.
(5) 
Any commercial or industrial zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., CB.
c. 
Accessory Use. A new telecommunications tower that is, or will be, accessory to a principal use shall be located only in the side or rear of the property. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental and subordinate to the principal uses allowed in zoning districts.
2. 
Minimum Setbacks. One hundred ten percent (110%) of the tower height. The City Council may, on appeal, reduce the minimum setback along a public right-of-way to fifty percent (50%) of the tower height if the applicant demonstrates that the facility incorporates stealth design. Setback requirements shall be measured from the base of the tower to the perimeter of the property (property line) on which it is located, except that, in addition, ground anchors of all guyed telecommunications towers, if permitted, shall be located on the same parcel as the tower and shall meet the setbacks of the applicable zoning district. The equipment or associated structure shall meet the minimum setbacks required for a principal building in the underlying zoning district.
3. 
Maximum telecommunications tower height.
a. 
Single antenna array or a single user: ninety (90) feet.
b. 
Two (2) antenna arrays or for two (2) users: one hundred twenty (120) feet.
c. 
Three (3) or more antenna arrays or for three (3) or more users: one hundred fifty (150) feet.
d. 
Any antenna, lighting, lightning rod, lighting beacon or other facility shall not extend more than ten (10) feet above the height of the telecommunications tower.
4. 
Minimum Separation. Any new telecommunications tower shall be separated from any other telecommunications tower by a minimum distance of one (1) mile, unless it is determined by the body or individual making the decision regarding the submission that both towers are acceptably screened from any adjoining residential uses and the minimum reduction in separation necessary to meet the requirement to provide service is used, but in no event less than one-quarter (1/4) mile. Separation distance shall be measured by a straight line between the bases of the telecommunications towers.
5. 
Separation From Existing Residential Uses. A telecommunications facility, tower or antenna shall be located a distance of at least four (4) times its height from any then existing single-family use or two-family use that is not on the same lot as the facility, tower or antenna measured from the base of the telecommunications facility, tower or antenna to the closest property line of the existing single-family or two-family use.
6. 
Antenna Type. To minimize adverse visual impacts, the antenna used shall be in accordance with the following alternatives hierarchy. The order of ranking, from highest to lowest, shall be a, b, c, d. Where a lower ranked alternative is proposed (i.e., c), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible.
a. 
Stealth.
b. 
Panel.
c. 
Whip.
d. 
Dish.
7. 
Future Co-Location. Wherever technically feasible, the facility owner shall provide for future co-location on the facility by other service providers and for public purposes or demonstrate by substantial evidence that it is not feasible. At a minimum, a monopole tower must be built to have the capacity to accommodate two (2) antenna arrays. Lattice and guyed towers shall be prohibited, except that lattice towers may be permitted by the City Council if needed to provide a required integral element of the City's or other governmental agency's emergency services communications network. The owner of a tower shall not charge providers seeking to co-locate in excess of the fair market value for the space, as determined at the time of the request for co-location. In the event of a dispute, the parties shall select an independent appraiser to determine fair market value. If the parties cannot agree on the selection of an appraiser, the City shall select one. All appraisals shall be performed at the expense of the parties.
8. 
Lease. The City may require, as a condition of entering into a lease agreement with the City, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to the execution of the lease.
9. 
Equipment Structure. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure). The equipment shall meet the minimum setbacks required for a principal building in the underlying zoning district.
10. 
Temporary Facility. As part of a proposal to develop a new telecommunication tower or facility, the owner may construct a temporary antenna support facility. The temporary facility shall be located on the same site as the new tower, shall be subject to the provisions of Subsection (D) and shall not continue in use for more than thirty (30) consecutive days. A temporary facility needed to allow for modification and/or repairs to a tower necessary to aid in post-disaster relief efforts are exempt from the thirty (30) day limitation.
11. 
Site Plan. A major telecommunications facility site plan that meets the requirements of Subsection (H)(4) shall be submitted with an application for a new telecommunications facility, telecommunications tower or telecommunications antenna that are not co-located, except that for a micro-cell network or cable micro-cell network a major telecommunications facility site plan shall not be required for each individual low-power transmitters/receiver.
H. 
Telecommunications Facility Site Plan Submission And Review Requirements.
1. 
All applicants for telecommunications facility site plan approval shall request and participate in a pre-application conference with the City. Such a request will be submitted with a non-refundable fee of one hundred dollars ($100.00) to reimburse the City for the cost incurred by the conference.
2. 
The City shall act on any telecommunications facility site plan of such request. However, if the City does not accept the application (submission) as provided as complete and accurate, or if the City deems it necessary to make reasonable request for additional information, the time in which an application (submission) is processed shall be tolled pending receipt of the requested information and evaluation thereof subject to valid Federal and State requirements. All applications that are reviewed administratively shall be completed within forty-five (45) days of a complete and accurate application. If Planning Commission review is required, the matter shall be heard by the Planning Commission within forty-five (45) days and shall be acted upon within seventy (70) days thereof. These time requirements notwithstanding, conditional use review shall proceed according to its schedule set out in this Code. If an action is not taken administratively or by a reviewing or decision making body on any request including a special exemption, variance or rezoning within such time set out in this Code or State or Federal law or regulations, the request or application shall be deemed denied unless the applicant consents, requests or agrees, in writing, to an extension of such time for review and decision. Upon such an occurrence of denial, the applicant shall have all rights of appeal and review available under valid and applicable law.
3. 
Minor Telecommunications Facility Site Plan. A minor telecommunications facility site plan submission shall contain all of the information required as part of an application for site plan and design review under the UDC, including a minor telecommunications facility site plan submission fee of two hundred fifty dollars ($250.00) and be subject to the following:
a. 
Information Required.
(1) 
A scaled site plan clearly indicating the location, type and height of the proposed telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other local governments), Comprehensive Plan future land use designation of the site and all properties within the applicable separation distances set forth in Subsection (D)(14), adjacent roadways, proposed means of access, setbacks from property lines set forth in Subsection (G)(2), elevation drawings of the proposed telecommunications facility, topography, parking, locations of public and private utilities, and other information deemed by the Community Development Director to be necessary to assess compliance with this Chapter.
(2) 
The setback distance between the proposed telecommunications facility and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(3) 
A description of compliance with all applicable Federal, State or local laws, including all provisions within this Title.
(4) 
Identification of the entities providing the backhaul network for the telecommunications facility described in the application and other telecommunications facilities owned or operated by the applicant in the City and one (1) mile outside the City limits.
(5) 
Certification. For all co-located facilities, a sworn, notarized statement from a licensed engineer that certifies that the structure can support the additional load due to the co-location of facilities and compliance with the antennas type hierarchy of this Section.
(6) 
Photo Simulation Of Facilities. The applicant shall provide photo simulations from the four (4) points of the compass looking towards the proposed site and as further designated by the City. In addition, photo simulations shall be provided from any neighboring residential property/neighborhood located within one (1) mile of the proposed site and a line of sight photo simulation from any arterial and/or collector street within one (1) mile taken at the nearest point on the street to the proposed site.
b. 
Review And Approval. A minor telecommunications facility site plan shall be administratively reviewed by the Director of Community Development and may be administratively approved by said Director. The City may commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees, in writing, to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (1/2) of the amount estimated by the proposed reviewer for the cost of the review. The City and the Director reserve the right to require City Planning Commission approval. No building permit shall be issued to begin construction of any part of the co-located facility, tower or antenna until the minor telecommunications facility site plan is approved and any required conditional use permit is granted.
4. 
Major Telecommunications Facility Site Plan. A major telecommunications facility site plan submission shall contain all of the items required for a minor telecommunications facility site plan, including information required for a final site plan under the UDC, including a major telecommunications facility site plan submission fee of five hundred dollars ($500.00), and provide the following additional information:
a. 
Inventory Of Towers.
(1) 
Each applicant shall submit an inventory of its, and those companies proposing to co-locate on the proposed telecommunications facility, tower or antenna (if any), existing towers, antennas, and approved telecommunications facilities within the City, or within one (1) mile of the building thereof. No new tower shall be permitted or major telecommunications facility site plan approved unless the applicant demonstrates to the satisfaction of the City by substantial evidence that no existing facility (whether or not owned by the applicant) can accommodate, as is or through modification, the proposed facility. Substantial evidence to demonstrate that no existing facility is suitable shall consist of any of the following:
(a) 
An affidavit demonstrating that the applicant made diligent efforts to install or co-locate on existing towers and other existing structures within the geographic search area, as determined by a qualified radio frequency engineer, and within a one (1) mile radius of the proposed tower site.
(b) 
An affidavit demonstrating that existing towers and structures located within the geographic search area, as determined by a qualified radio frequency engineer, and within a one (1) mile radius of the proposed tower site do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including, but not limited to, applicable FCC requirements.
(c) 
Written technical evidence from a qualified radio frequency engineer that existing towers and structures within the geographic search area are not of sufficient height to meet the applicable FCC requirements.
(d) 
Written technical evidence from a qualified structural engineer that existing towers and structures within the geographic search area do not have sufficient structural strength to support the proposed facility.
(e) 
A written statement from a qualified radio frequency engineer submitting technical evidence substantiating their opinion that the existing towers and structures within the geographic search area are incompatible due to electromagnetic/radio frequency interference or interference with public safety communications or the usual and customary transmission or reception of radio, television, or other communications service enjoyed by surrounding properties and that antenna on the existing tower or structure cannot be relocated on the existing structure to accommodate additional users.
(f) 
An affidavit that the fees, costs, or contractual provisions required by the owner to share an existing tower or structure within the geographic search area, or to adapt an existing tower or structure within the geographic search area for sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(g) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one (1) mile radius of the proposed tower site unsuitable.
(h) 
The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of the applicant's FCC license is unsuitable for the site involved.
(i) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one (1) mile radius of the proposed tower site unsuitable.
(2) 
The City reserves the right to share inventory information with other applicants seeking to site their telecommunications facilities; however, in doing so, the City shall neither be responsible for the accuracy of the information nor will it infer that any sites are available or suitable.
b. 
Engineering Report. All proposals for a new tower shall submit a written report that shall be properly sealed by a licensed professional engineer licensed to practice in the State of Missouri who specializes in radio frequency engineering or telecommunications facilities. This report shall include:
(1) 
The geographic search area;
(2) 
Site development plan;
(3) 
A projection of wind-load capacity for the proposed facility. No tower shall be permitted to exceed its wind-loading capacity as provided for by the applicable City Building Code;
(4) 
A statement that the proposed tower and the proposed telecommunications facilities, including reception and transmission functions, will not interfere with the visual and customary transmission or reception of radio, television or similar services, as well as other wireless services enjoyed by surrounding properties;
(5) 
A statement of compliance with all applicable Building Codes, associated regulations and safety standards;
(6) 
The power density of the facility and how it meets or exceeds the FCC's regulations on the environmental effects of radio frequency emission;
(7) 
Evidence of compliance with siting alternative hierarchy requirements and all other requirements of this Section;
(8) 
Any additional information deemed warranted by the City to assess compliance with applicable regulations;
(9) 
The separation distance from other telecommunications facilities described in the inventory of existing sites submitted pursuant to Subsection (H)(3)(a)(1) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications facilities and the operator of the tower(s), if known;
(10) 
A notarized statement of the applicant's engineer that the telecommunications facility will accommodate the co-location of additional antennas for future users; and
(11) 
A description of the feasible alternative location(s) of the proposed tower or antenna within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.
c. 
Additional Requirements.
(1) 
A landscape and screening plan which meets the requirements of the UDC and this Section, except when waived by the Governing Body pursuant to Subsection (D)(10)(c).
(2) 
Method of providing security enclosure and finished color and the method of providing stealth design and illumination.
(3) 
A copy of the warranty deed and any lease or leases for the property on which the telecommunications facility, tower or antenna is to be located with an affidavit from the record owner acknowledging that the responsibility for removal of the tower at some future date may be at their expense.
d. 
Review And Approval. A major site plan shall be reviewed by the Director of Community Development and approved by the City Planning Commission. The City may commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees, in writing, to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (1/2) of the amount estimated by the proposed reviewer for the cost of the review. No building permit shall be issued to begin construction of any part of a new facility, tower or antenna until the major telecommunications facility site plan is approved and any required conditional use permit is granted, unless a special exemption use has been approved pursuant to Subsection (I).
e. 
Appeal Of Planning Commission Decision. Appeals of the Planning Commission's decision on an application for a minor or major telecommunications facility site plan approval may be taken to the City Council by filing an appeal with the Director of Community Development within seven (7) days of the date of the Planning Commission's decision on the site plan application.
(1) 
Right To Appeal. The following persons and entities shall have standing to appeal the action of the Planning Commission on an application for a minor or major telecommunications facility site plan approval: the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law.
(2) 
Action On Appeal. The City Council shall consider the appealed minor or major telecommunications facility site plan decision as a new matter and, within sixty (60) days of the date that the appeal was filed, shall act to approve, approve with modifications or deny the original application based on the criteria and requirements of this Section except where deemed denied under this Subsection as not having been rendered within the time limit set by this Code, or failure to meet applicable and valid State and Federal law.
I. 
Special Exemption Provisions. For circumstances where a prospective facility owner or operator or a telecommunications services provider is able to demonstrate, based upon clear and convincing, substantial verifiable technical evidence, that it is unable to locate a telecommunications facility, tower or antenna, which is necessary under its service requirements, under the terms of the existing provisions of this Section on any available sites (including opportunities for co-location), and that, pursuant to Federal law, it has a right to locate a facility, tower or antenna in a location not permitted under the provisions of this Section or in accordance with the terms of this Section, the following will apply.
1. 
Application Requirements, Review And Approval.
a. 
A major telecommunications facility site plan that meets the requirements of Subsection (H)(4) shall be submitted. As part of the plan submission, the application shall clearly indicate the specific reasons why a special exemption is justified and provide documentation to support the justification.
b. 
Upon receipt of a complete major telecommunications facility site plan, the City shall commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees in writing to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (1/2) of the amount estimated by the proposed reviewer for the cost of the review.
c. 
If the new facility, tower or antenna is not a permitted or conditional use, as defined in Subsection (G)(1), then special exemption approval shall be required.
d. 
The review of any application for a special exemption use under this Section shall require approval of the special exemption by the City Council, after a public hearing, following a public hearing and recommendation by the Planning Commission. Notice of the public hearing shall be as is required for changes of zoning.
e. 
In granting a special exemption approval, the City Council may impose conditions to the extent the City Council concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications facility, tower or antenna.
f. 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
g. 
An applicant for special exemption use shall submit the information described in this Section and Subsection (H). This information shall be accompanied by a non-refundable fee of one thousand dollars ($1,000.00) to cover the administrative costs of the review. Any costs or expenses incurred by the City that exceed one thousand dollars ($1,000.00) shall be reimbursed by the applicant or property owner upon the applicant's receipt of an invoice from the City setting forth the expenses that exceeded one thousand dollars ($1,000.00). Any pre-application conference fee shall accompany the information as provided in Subsection (H)(1). The application shall be signed in the presence of a notary public and the notary shall affix their seal to the application.
h. 
Within forty-five (45) days of receipt of the review pursuant to Subsection (I)(1)(b), the matter shall be brought before the City Council for a public hearing. It shall be the burden of the applicant to make all showings by clear and convincing evidence and provide all evidence required for the granting of a special exemption.
2. 
Factors Considered In Granting Special Exemption Approval For Telecommunications Facilities. The City Council shall consider the following factors in determining whether to approve a special exemption:
a. 
Height of the proposed tower/antenna;
b. 
Proximity of the tower/antenna to residential structures and residential district boundaries;
c. 
Nature of uses on adjacent and nearby properties;
d. 
Surrounding topography;
e. 
Surrounding tree coverage and foliage;
f. 
Design of the tower/antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g. 
Proposed ingress and egress;
h. 
Availability of suitable existing towers, buildings and other structures, in order to avoid the siting of new towers or structures, as discussed in Subsection (H)(4)(a)(1) of this Section; and
i. 
The need for the tower for the applicant to provide service within Blue Springs City limits.
3. 
The applicant shall comply with all requirements of this Code for a new telecommunications facility, telecommunications tower or telecommunications antenna which are technically and financially feasible as are reasonably determined by the City Council.
4. 
No building permit shall be issued to begin construction of any part of a facility, tower or antenna that does not comply with all the applicable terms of this Section and all its Subsections unless a special exemption use is approved.
J. 
Protection Of The City And Its Residents.
1. 
Indemnification. The City shall not enter into any lease agreement until and unless the City obtains an adequate indemnity from such owner or operator provider. The indemnity must at a minimum:
a. 
Release the City from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the telecommunications facility. Each telecommunications facility owner or operator must further agree not to sue or seek any money or damages from the City in connection with the above-mentioned matters.
b. 
Indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees from and against any and all claims, demands or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of the negligent acts, errors or omissions of any communications facility operator, owner or their agents, employees or servants.
c. 
Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify.
2. 
Insurance. The City may not enter into any lease agreement until and unless the City obtains assurance that an operator and/or owner (and those acting on its behalf) has adequate insurance (amount to be determined at time of agreement). At a minimum, the following requirements must be satisfied:
a. 
A facility operator or owner shall not commence construction or operation of the facility without obtaining all insurance required under this Section and approval of such insurance by the City, nor shall a facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the facility is in existence. If the operator or owner, their contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved.
b. 
Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City. The certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage.
c. 
The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Missouri.
d. 
In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the City, the facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been secured for the balance of the lease agreement period.
3. 
Comprehensive General Liability. A facility operator and its contractors or subcontractors engaged in work on the operator's behalf shall maintain minimum insurance (amount to be determined at time of agreement) to cover liability, bodily injury and property damage. Exposures to be covered are: premises, operations, and those certain contracts relating to construction, installation or maintenance of the facility, tower or antenna. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the City and the facility operator. The City shall be named as an "additional insured" in all such policies.
4. 
Violations. It shall be unlawful to violate or fail to perform any of the required provisions of this Section. Each day that a violation continues shall be considered a separate offense. In addition, the violation of any provision of this Section may be deemed grounds for removal of the telecommunications facility and the City may seek any other remedy or damages to the full extent of the law.
K. 
Non-Conforming Uses.
1. 
No Expansion Of Non-Conforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a non-conforming use or structure.
2. 
Pre-Existing Facility, Towers Or Antennas. Pre-existing facility, towers or antennas shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this Section.
[R.O. 1996 § 408.040; Ord. No. 4558 § 1, 8-3-2015]
A. 
Intent. In order to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the City finds that these regulations are necessary in order to ensure that Micro-Wind Turbines (MWTs) and subsequent Wind Energy Conversion Systems (WECS) are appropriately designed, sited and installed.
B. 
Purpose. The purpose of this Section is to provide a regulatory scheme for the construction and operation of MWTs, providing electricity up to ten (10) kilowatts, subject to reasonable restrictions, which will preserve the public health and safety and minimize the visual, environmental and operational impacts of MWTs on the City and its residents.
C. 
Findings. The City finds that wind energy is an abundant, renewable and non-polluting energy resource and that its conversion to electricity will reduce our dependence on non-renewable energy resources and decrease air pollution that results from the use of conventional energy sources. MWTs also enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify the State's energy supply portfolio.
D. 
Required Submittal Information. The following information may be additionally required with any CUP application that includes a MWT.
1. 
Standard engineering drawings of the MWT structure, including the tower, base and footings. Engineering drawings of access roads. An engineering analysis and certification of the tower showing compliance with all local, State and Federal laws, standards and regulations and the applicable building code(s).
2. 
Data pertaining to the tower's safety and stability, including safety results from test facilities.
3. 
For any individual MWT tower a project visibility map and photo-simulation shall be required. The visibility map and photo-simulation should be based on a digital elevation model or digital simulation showing the impact of topography and manmade features upon visibility of the project from each of the four (4) compass points to a radius of not less than two thousand (2,000) feet from the center of the project. The base map used for the project visibility map shall be a published topographic map showing manmade features such as roads and buildings. Additional radius distances or perspectives may be requested by community development if deemed appropriate.
4. 
A survey map at an appropriate scale showing the proposed location of the MWT (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals or libraries to a distance of two thousand (2,000) feet.
5. 
A description of compliance with all applicable Federal, State or local laws and regulations, including Section 386.890, RSMo., and 4 CSR 240-20.065, if applicable, and including all provisions within this Zoning Chapter.
6. 
A description of the safety precautions provided in order to ensure that the structure will not be detrimental to adjacent properties in the case of high winds and/or if the unit fails.
7. 
A copy of the warranty deed and any lease or leases for the property on which the MWT facility is to be located.
8. 
An accurate wind directional map provided by an expert in such matters such as a meteorologist.
9. 
Turbine information on the type, model, size, height, rotor material, rated power output, performance, safety and noise characteristics of each wind turbine being proposed, tower and electrical transmission equipment.
10. 
Additional information may be required as deemed necessary and appropriate by City staff.
E. 
Safety Regulations And Standards.
1. 
The minimum distance between the ground and any part of the rotor blade system shall be fifteen (15) feet.
2. 
To limit unauthorized access:
a. 
A fence six (6) feet high with a locking portal shall be placed around the facility's tower base; or
b. 
The tower climbing apparatus shall be limited to no lower than fifteen (15) feet from the ground; wind turbine towers shall not be climbable up to fifteen (15) feet above ground level.
3. 
All access doors to the MWT and electrical equipment shall be lockable.
4. 
Signs shall be limited to the manufacturer's or installer's identification and appropriate warning signs (e.g., electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment and the wind turbine. Commercial advertising is strictly prohibited.
5. 
Lighting shall be the minimum necessary for safety and security purposes and techniques shall be used to prevent casting glare from the site, except as otherwise required by the Federal Aviation Administration (FAA) or other applicable authority. Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
6. 
Safety Shutdown. Each MWT shall be equipped with both manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, furling or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
7. 
Prior to issuance of a building permit, the applicant shall provide proof of a level of insurance in the minimum amount required by State law, the Customer-Generator Liability Insurance Obligation Section of 4 CSR 240-20.065 or other applicable provisions of the Code of State Regulations to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility. Said insurance shall remain in place every year that the MWT is in place or operation.
8. 
Any wind energy system found to be unsafe by the Community Development Director or their designate shall be repaired by the owner to meet Federal, State and local safety standards and regulations or it shall be removed within six (6) months. If any wind energy system is not operated for a continuous period of twelve (12) months, the City of Blue Springs will notify the landowner by registered mail and provide forty-five (45) days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the City deems the timetable for corrective action as unreasonable, the City shall notify the landowner and such landowner shall remove the turbine within thirty (30) days of receipt of notice from the City.
9. 
Building Codes Safety Standards. Prior to the issuance of a building permit to construct a facility, the owner/applicant or operator/applicant shall provide the City with all required licenses and certifications from Federal, State and County agencies if needed. To ensure the structural integrity of towers, the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable Federal, State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. In addition, if the wind energy system is interconnected and operates in parallel phase and synchronization with a retail electric supplier, all applicable safety, performance, interconnection and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories and the Federal Energy Regulatory Commission shall be met.
10. 
Utility Connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
11. 
Electrical Wires. All electrical wires associated with a wind energy system shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires.
12. 
Noise. The noise emitted from any wind turbine shall not exceed fifty-five (55) dBa, as measured at the nearest property line, except during short-term events such as utility outages and severe windstorms.
13. 
Color/finish. Wind turbines, exclusive of the towers, shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community. Towers shall maintain galvanized steel, brushed aluminum or white finish, unless FAA standards require otherwise.
14. 
The appearance of all towers and MWTs shall be maintained in a manner that is consistent with the originally approved colors and finishes.
15. 
Minimum Setbacks. A wind turbine shall be set back one hundred ten percent (110%) of the wind turbine height from the nearest property line of the property on which it is located. Setback requirements shall be measured from the base of the tower to the perimeter of the property (property line) on which it is located and shall meet or exceed the setbacks of the applicable zoning district. The same setback is required from overhead transmission lines. In addition the wind turbine shall be set back a minimum of four hundred (400) feet from any residential structure, which shall be measured from the base of the tower to the nearest residential structure. The equipment or associated equipment structure shall meet the minimum setbacks required for an accessory building.
F. 
Violations. It shall be unlawful to violate or fail to perform any of the required provisions of this Section. Each day that a violation continues shall be considered a separate offense. In addition, the violation of any provision of this Section 408.040 may be deemed grounds for removal of the MWT and the City may seek any other remedy or damages to the full extent of the law.