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:
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.
100-YEAR FLOOD
ACCESSORY STRUCTURE
ACTUARIAL RATES
ADMINISTRATOR
AGENCY
AGRICULTURAL COMMODITIES
AGRICULTURAL STRUCTURE
APPEAL
APPURTENANT STRUCTURE
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL
COMMUNITY
DEVELOPMENT
ELEVATED BUILDING
ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY
EXISTING CONSTRUCTION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION DETERMINATION
FLOOD ELEVATION STUDY
FLOOD FRINGE
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN OR FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY ENCROACHMENT LINES
FLOODWAY or REGULATORY FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MAP
MARKET VALUE or FAIR MARKET VALUE
MEAN SEA LEVEL
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
NFIP
PARTICIPATING COMMUNITY or ELIGIBLE COMMUNITY
PERSON
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
REMEDY A VIOLATION
REPETITIVE LOSS
RISK PREMIUM RATES
SPECIAL FLOOD HAZARD AREA
SPECIAL HAZARD AREA
STATE COORDINATING AGENCY
STRUCTURE
SUBSTANTIAL DAMAGE
1.
2.
(1)
(2)
(3)
SUBSTANTIAL IMPROVEMENT
1.
2.
(1)
(2)
(3)
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
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.
See "base flood."
The same as "appurtenant structure."
See "risk premium rates."
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
A request for review of the Floodplain Administrator's interpretation
of any provision of this Section or a request for a variance.
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.
Is the land in the floodplain within a community subject
to a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "structure."
The official of the community who is charged with the authority
to implement and administer laws, Sections, and regulations for that
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.
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.
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.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
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."
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.
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).
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
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.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
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.
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.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
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.
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.
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.
Any land area susceptible to being inundated by water from
any source (see "flooding").
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.
The lines marking the limits of floodways on Federal, State
and local floodplain maps.
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.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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."
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
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).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
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.
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.
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.
The National Flood Insurance Program.
A community in which the Administrator has authorized the
sale of flood insurance.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including Federal,
State, and local governments and agencies.
That at least fifty-one percent (51%) of the actual cash
value of the structure, less land value, is above ground.
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.
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.
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.
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.
See "area of special flood hazard."
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.
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.
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.
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").
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.
The term does not apply to:
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
Any alteration of a "historic structure" provided that the alteration
will not preclude the structure's continued designation as a "historic
structure"; or
Any improvement to a building.
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.
The term "substantial improvement" does not apply to:
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
Any alteration of a "historic structure" provided that the alteration
will not preclude the structure's continued designation as a "historic
structure"; or
Any building that has been damaged from any source or is categorized
as repetitive loss.
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.
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.
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.
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:
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.
ALTERATION
CONSTRUCTION
DEMOLITION
REMOVAL
REPAIR
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.
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.
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.
Any act or process that destroys in part or in whole a landmark
or structure within an H-O District.
Relocation of a structure on its site or to another site.
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:
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.
ANTENNA
ANTENNA DISH (DISH ANTENNA, SATELLITE DISH)
ANTENNA TOWER
BACKHAUL NETWORK
BROADCASTING FACILITY
CABLE MICRO-CELL NETWORK
CITY OWNED
CO-LOCATED TELECOMMUNICATIONS FACILITY
DISH ANTENNA
ESSENTIAL SERVICE
EXISTING TOWER
FAA
FCC
FAIR MARKET VALUE
GUYED TOWER
LATTICE TOWER
MAJOR TELECOMMUNICATIONS FACILITY SITE PLAN
MICRO-CELL NETWORK
MICROWAVE DISH ANTENNA
MINOR TELECOMMUNICATIONS FACILITY SITE PLAN
MONOPOLE TOWER
OPERATOR
OWNER
PANEL ANTENNA
PERSONAL WIRELESS SERVICES
PRE-EXISTING FACILITY, TOWER OR ANTENNAS
PRIVATELY OWNED
PUBLIC UTILITY
SATELLITE DISH
SECTION
TELECOMMUNICATIONS or COMMUNICATIONS
1.
2.
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS SERVICES
TELECOMMUNICATIONS STEALTH FACILITY
TELECOMMUNICATIONS TOWER HEIGHT
TELECOMMUNICATIONS TOWER
UNLICENSED WIRELESS SERVICE
WHIP ANTENNA
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.
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.
An antenna with a concave shape used for the reception and/or
transmission of radio signals to and from satellites.
A structure used to support an antenna at some height above
the ground which may be referred to as a "tower."
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.
Any telecommunication tower built primarily for the purpose
of broadcasting AM, FM or television signals.
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.
Titled in the name of the City of Blue Springs or the Blue
Springs Public Building Authority.
The placement of a new telecommunications facility on an
existing telecommunications tower, existing building or structure.
See "antenna dish."
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.
Any telecommunications tower in existence at the time a telecommunications
site plan is submitted.
The Federal Aviation Administration.
The Federal Communications Commission.
The price at which a willing seller and a willing buyer will
trade.
A telecommunications tower that is supported, in whole or
part, by guyed wires and ground anchors.
A telecommunications tower that is constructed to be self-supporting
by lattice type supports and without the use of guyed wires or other
supports.
See Subsection (G)(11).
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.
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.
See Subsection (F)(8).
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.
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.
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.
A flat, rectangular antenna or array of antennas designed
to concentrate a radio signal in a particular area.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services.
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.
Owned by any entity other than City owned.
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.
See "antenna dish."
Section 408.030 of the Blue Springs Code of Ordinances and all its Subsections.
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.
As used in this definition, "information" means knowledge or
intelligence represented by any form of writing, signs, signals, pictures,
sounds or any other symbols.
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.
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.
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."
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.
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.
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.
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:
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.
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.
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.
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.
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.
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:
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.
