[CC 1988 §29-86; Ord.
No. 2788 §4, 10-21-1985]
Whenever there is an intended use which does not exactly fit
into an existing permissive or conditional use category, the intended
use shall be classified under the category to which it is most similar
in nature. In such case the Planning Commission shall have the authority
to further condition the operation of the intended use such that there
can be no changes or alterations in the intended use.
[CC 1988 §29-87; Ord.
No. 2788 §4, 10-21-1985]
Any ground-mounted satellite receiving antenna shall be located
within the rear yard but not closer than ten (10) feet to any side
lot line, except on corner lots the setback shall be equal to the
front yard requirements.
[Ord. No. 3601 §1, 11-15-2004]
A.Â
On
corner lots, nothing shall be erected, placed, planted or allowed
to grow in such a manner as to materially impede vision between a
height of two (2) feet and eight (8) feet above curb grade within
the triangular area formed by an imaginary line that follows street
pavement edges and a line connecting them twenty (20) feet from their
point of intersection. This sight triangle standard may be increased
or decreased by the City Manager, when deemed necessary for traffic
safety.
B.Â
Except as provided in Subsection (A) above, no fence more than thirty percent (30%) solid or more than four (4) feet high may be located on any part of a lot.
C.Â
Except as provided in Subsection (A) above, fences not more than six (6) feet high may be erected on those parts of a lot that are as far back or further from the street than the main building.
D.Â
All
supporting posts, cross members and protruding bolts, screws and/or
hardware of site-obscuring fences and privacy screens shall be inside
the lot and face toward the interior of the lot of the person, firm
or corporation who erects, constructs or causes to have erected or
constructed the site-obscuring fence or privacy screen.
[R.O. 1952 §23.8; CC 1988 §24-11; Ord. No. 2729 §1, 10-18-1982]
Any person who shall place, or permit to be placed or to remain,
on or along any railroad or building front or any part of a building,
fence or premises adjacent or contiguous to any street, alley or sidewalk
any spikes or sharp-pointed cresting or any barbed wire or other things
dangerous or liable to tear, snag, cut or injure any person or animal
coming in contact therewith shall be deemed guilty of a misdemeanor;
except, that use of materials described above shall be permitted for
security purposes only in an industrial "M" or "M-1" or commercial
zone "C-1", "C-2" or "C-3" if the subject wire is at least six (6)
feet off the ground and attached to or associated with a fence of
material which complies with this Section.
[CC 1988 §29-89; Ord.
No. 2788 §5, 10-21-1985; Ord. No. 3195 §2 10-24-1994]
A.Â
Maximum Height Generally. Maximum height limits for buildings
and structures are as follows:
1.Â
Agricultural district. No building shall exceed
two and one-half (2½) stories or thirty-five (35) feet in height.
2.Â
Residential district. No building shall exceed:
|
In the "R-1" and "R-2" Districts — two and one-half (2½)
stories or thirty-five (35) feet.
|
|
In the "R-3" and "R-4" Districts — three (3) stories or
forty-five (45) feet.
|
3.Â
Commercial district. No building shall exceed four
(4) stories or sixty-five (65) feet in height.
4.Â
Industrial district. No building shall exceed four
(4) stories or sixty-five (65) feet in height.
B.Â
Exceptions.
1.Â
The height limitations shall not apply to any of the following that
would be incidental to uses permitted in this district: church steeples
or spires, belfries, monuments, water towers, tanks, fire towers,
stage towers or scenery lofts, cooling towers, ornamental towers or
spires, radio and television towers, antenna or aerials, chimneys,
elevator bulkheads, smokestacks, conveyors and flagpoles.
2.Â
Public or semi-public service buildings, hospitals, institutions
or schools when permitted in a district may be erected to a height
not exceeding sixty (60) feet, and churches may be erected to a height
not exceeding sixty-five (65) feet when the required side and rear
yards are each increased by at least one (1) foot for each one (1)
foot of additional building height above the height limit otherwise
provided in the district in which the building is located.
3.Â
Buildings that are to be used for storage purposes only may exceed
the maximum number of stories that are permitted in the district in
which they are located but such buildings shall not exceed the number
of feet of building height permitted in such districts.
[CC 1988 §29-90; Ord.
No. 2788 §6, 10-21-1985]
A.Â
Minimum Yard Requirements. The following minimum yards,
measured in feet, shall be provided within the districts as indicated
below:
District
|
Front
|
Rear
|
Side
| |
---|---|---|---|---|
R-1
|
40
|
35
|
10
| |
R-2
|
30
|
30
|
10
| |
R-3
|
25
|
25
|
5
| |
R-4
|
25
|
25
|
*#1FN
| |
C-1
|
25
|
25
|
*#1FN
| |
C-2
|
None
|
5
|
*#2FN
| |
C-3
|
25
|
*#3FN
|
*#4FN
| |
M-1
|
25
|
25
|
10
| |
M-2
|
25
|
25
|
*#4FN
| |
FN*
|
#1
|
Five (5) feet except for multiple-family-ten (10) feet.
| |
#2
|
None unless the lot abuts a residential district-then five (5)
feet.
| |
#3
|
Ten (10) feet except where the lot abuts an alley-then none.
| |
#4
|
Ten (10) feet except where the lot abuts a residential district-then
twenty-five (25) feet.
|
B.Â
Additional Requirements. The following additional requirements
must also be observed.
1.Â
Except for fences as allowed in Section 405.350, every part of required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, pilasters, solar energy systems, ornamental features, window air-conditioning units and eaves. None of the above projections shall extend into a minimum yard more than twelve (12) inches.
2.Â
Where a lot or tract is used for educational, institutional, multiple-family,
commercial, hotel, motel or industrial purposes, more than one (1)
main building may be located upon the lot or tract, but all such buildings
must provide the required yards around them for the district in which
they are located.
3.Â
An interior lot having a frontage on two (2) streets shall provide
the required front yard on both streets.
4.Â
On corner lots, there shall be a front yard provided on each street
side, except that the buildable width of such lot shall not be reduced
to less than thirty (30) feet. No accessory building shall project
beyond the front yard line on either street.
5.Â
Commercial or industrial buildings used in part for dwelling purposes
shall provide side yards not less than five (5) feet in width, unless
every dwelling room opens directly upon a front yard, side yard or
court.
6.Â
Where a lot abuts upon an alley, one-half (½) of the alley
width may be considered as part of the required rear yard.
C.Â
Exceptions To Yard Requirements.
1.Â
In all residential districts, when lots composing forty percent (40%)
or more of the frontage on the same side of the street between two
(2) intersecting streets (excluding reverse corner lots) are developed
with buildings, the front yard is established in the following manner:
a.Â
Where the building farthermost from the street provides a front yard
not more than ten (10) feet deeper than the building closest to the
street, then the front yard for the frontage is and remains an average
of the then existing front yards.
b.Â
Where this subparagraph (a) is not the case and a lot is within one
hundred (100) feet of a building on each side, then the front yard
is a line drawn from the closest front corner of these two (2) adjacent
buildings.
c.Â
Where neither subparagraph (a) nor (b) is the case, and the lot is
within one hundred (100) feet of an existing building on one (1) side
only, then the front yard is the same as that of the existing adjacent
building.
2.Â
Public or semi-public service buildings, hospitals, institutions
or schools when permitted in a district may be erected to a height
not exceeding sixty (60) feet and churches may be erected to a height
not exceeding sixty-five (65) feet when the required side and rear
yards are each increased by at least one (1) foot for each one (1)
foot of additional building height above the height limit otherwise
provided in the district in which the building is located.
3.Â
Open or lattice enclosed fire escapes, required by law, shall be
permitted to project into a yard not to exceed five (5) feet when
placed so as not to obstruct light and ventilation.
4.Â
Terraces, uncovered porches and ornamental features may project into
a required yard; provided, they do not extend more than three (3)
feet above the floor level of the ground story and are at least two
(2) feet from the adjacent side lot line.
5.Â
Filling station pumps and pump islands may occupy required yards,
provided however, that they are not less than fifteen (15) feet from
all lot lines.
7.Â
An unenclosed balcony or unenclosed porch may project into a front
yard for a distance not exceeding ten (10) feet. An enclosed vestibule,
containing not more than forty (40) square feet, may project into
a front yard for a distance not to exceed four (4) feet.
[CC 1988 §29-91; Ord.
No. 2788 §7, 10-21-1985; Ord. No. 2802 §1, 6-4-1986]
A.Â
Minimum Lot Area And Width.
Minimum Lot Area Table
| |||||
---|---|---|---|---|---|
District
|
Lot Width In Feet
|
Lot Area In Sq. Feet
|
Single-Family
|
Two-Family
|
Multiple- Family
|
"R-1"
|
100
|
20,000
|
20,000
|
N/A
|
N/A
|
"R-2"
|
65
|
12,000
|
12,000
|
N/A
|
N/A
|
"R-3"
|
50
|
7,200
|
7,200
|
3,600
|
N/A
|
"R-4"
|
50
|
6,250
|
6,250
|
3,125
|
1,500
|
"C-1"
|
None
|
N/A
| |||
"C-2"
|
None
|
N/A
|
If dwelling, as above
| ||
"C-3"
|
None
|
N/A
| |||
"M-1"
|
None
|
Dwellings prohibited
| |||
"M-2"
|
None
|
Dwellings prohibited
|
B.Â
Exceptions To Lot Area And Width Requirements. When a lot
of record, as of October 21, 1985, has less area or width than herein
required in the district in which it is located, and the owner of
such lot does not own any other parcel or tract adjacent thereto,
said lot may nevertheless be used for a one-family dwelling or for
any use permitted in the district in which it is located.
A.Â
Purposes. The general purpose of this Section is to regulate
the placement, construction and modification of telecommunications
towers, support structures, and antennas in order to protect the health,
safety and welfare of the public, while at the same time not unreasonably
interfering with the development of the competitive wireless communications
and marketplace in De Soto; specifically, this Section is intended
to:
1.Â
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of De Soto;
2.Â
Minimize adverse visual impacts of communications antennas and support
structure through careful design, siting, landscape screening and
innovative camouflaging techniques;
3.Â
Maximize the use of existing and new support structures so as to
minimize the need to construct new or additional facilities;
4.Â
Maximize the co-location of facilities on any new support structures;
5.Â
Ensure that any new telecommunications tower or structure is located
in an area compatible with the neighborhood or surrounding community;
6.Â
Ensure that 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.
B.Â
The Legislative Findings.
1.Â
On February 8, 1996, Congress enacted the Federal Telecommunications
Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation
of the telecommunications industry and providing a more competitive
environment for wired and wireless telecommunication services in the
United States.
2.Â
The Telecommunications Act of 1996 preserves the authority of the
City to regulate the placement, construction, and modification of
towers and antenna support structures and to protect the health, safety
and welfare of the public.
3.Â
The City has been granted the authority to enact legislation to regulate
the construction, placement, and operation of telecommunications towers
and antennas pursuant to its zoning powers established in Chapter
89, RSMo., and additionally pursuant to its general and specific Police
powers established by Statute authorizing the regulations herein to
protect the public health, safety and welfare.
5.Â
Consistent with the Telecommunications Act of 1996, the regulations
of this Section will not have the effect of prohibiting the provision
of personal wireless services, and do not unreasonably discriminate
among functionally equivalent providers of such service. The regulations
also impose reasonable restrictions to protect the public safety and
welfare and ensure opportunities for placement of antennas with prompt
approval by the City. The ordinance does not attempt to regulate in
areas within the exclusive jurisdiction of the FCC.
6.Â
The uncontrolled proliferation of towers in the City of De Soto without
adoption of new regulations would diminish property values, the aesthetic
quality of the City, and would otherwise threaten the health, safety
and welfare of the public.
C.Â
AGL (Above Ground Level)
ANTENNA
CABINET
CITY MANAGER
DISGUISED SUPPORT STRUCTURE
FAA
FCC
HEIGHT
MODIFICATION
SHELTER
SUPPORT STRUCTURE
TOWER
Definitions. For the purposes of this Section, the following
terms shall be deemed to have the meaning indicated below:
Ground level shall be determined by the average elevation
of the natural ground level within a radius of fifty (50) feet from
the center location of measurement.
Any device that transmits and/or receives radio waves for
voice, data, or video communications purposes including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennas less than two (2) meters in diameter (mounted within twelve
(12) feet of the ground or building-mounted) and any receive-only
home television antennas.
A structure for the protection and security of communications
equipment associated with one (1) or more antennas where direct access
to equipment is provided from the exterior and that has a horizontal
dimension that does not exceed four (4) feet by six (6) feet, and
vertical height that does not exceed six (6) feet.
City Manager designated by the City Council.
Any free-standing, manmade structure designed for the support
of antennas, the presence of which is camouflaged or concealed as
an appropriately-placed architectural or natural feature. Depending
on the location and type of disguise used, such concealment may require
placement underground of the utilities leading to the structure. Such
structures may include but are not limited to clock towers, campaniles,
observation towers, water towers, light standards, flag poles and
artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the average grade of
the base of the structure at ground level to its highest point and
including the main structure and all attachments thereto.
Any addition, deletion, or change, including the addition
or replacement of antennas, or any change to a structure requiring
a building permit or other governmental approval.
A building for the protection and security of communications
equipment associated with one (1) or more antennas and where access
to equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected antennas is prohibited.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antennas
and including guyed towers, self-supporting (lattice) towers or monopoles
but not disguised support structures or buildings. The term shall
also not include any support structure including attachments of sixty-five
(65) feet or less in height owned and operated by an amateur radio
operator licensed by the Federal Communications Commission.
D.Â
General Requirements. The requirements set forth in this
Section shall be applicable to all towers, antennas and other support
structures installed, built or modified after March 17, 2003, to the
full extent permitted by law.
1.Â
Principal or incidental use. Antennas and support
structures may be either a principal or incidental use in a commercial
zoning district or park.
2.Â
Building codes, safety standards and zoning compliance. To ensure the structural integrity of antenna support structures,
the owner shall see that it is constructed and maintained in compliance
with all standards contained in applicable State and local Building
Codes, as amended from time to time. In addition to any other approvals
required by this Section, no antenna, tower, or support structure
shall be erected prior to receipt of a certificate of zoning authorization
and the issuance of a building permit.
3.Â
Regulatory compliance. All antennas and support
structures shall meet or exceed current standards and regulations
of the FAA, FCC and any other State or Federal agency with the authority
to regulate communications antennas and support structures. Should
such standards or regulations be amended, then the owner shall bring
such devices and structures into compliance with the revised standards
or regulations within the time period mandated by the controlling
agency. No approval for any placement, construction or modification
of any antenna or structure permitted by this Section shall be granted
for any applicant having an uncured violation of this Section or any
other governmental regulatory requirement related to such antenna
or structures within the City.
4.Â
Security. All antennas and support structures shall
be protected from unauthorized access by appropriate security measures.
A description of proposed security measures shall be provided as part
of any application to install, build or modify antennas or support
structures. Additional measures may be required as a condition of
the issuance of a building permit or administrative permit as deemed
necessary by the City Manager or by the Planning and Zoning Commission
in the case of a conditional use permit.
5.Â
Lighting. Antennas and support structures shall
not be lighted unless required by the FAA or other State or Federal
agency with authority to regulate, in which case a description of
the required lighting scheme will be made a part of the application
to install, build or modify the antennas or support structure. Equipment
cabinets and shelters may have lighting only as approved by the City
Manager on the approved site development plan.
6.Â
Advertising. Unless a disguised antenna support
structure in the form of an otherwise lawfully permitted pylon sign,
the placement of advertising on structures regulated by this Section
is prohibited.
7.Â
Design.
a.Â
Towers shall maintain a galvanized steel finish or, subject to the
requirements of the FAA or any applicable State or Federal agency,
be painted a neutral color consistent with the natural or built environment
of the site.
b.Â
Equipment shelters or cabinets shall have an exterior finish compatible
with the natural or built environment of the site and shall also comply
with any design guidelines as may be applicable to the particular
zoning district in which the facility is located.
c.Â
Antennas attached to a building or disguised antenna support structure
shall be of a color identical to or closely compatible with the surface
to which they are mounted.
d.Â
All towers shall be surrounded by a minimum six (6) foot high decorative
wall constructed of brick, stone or comparable masonry materials and
a landscape strip of not less than ten (10) feet in width and planted
and maintained with materials which will provide a visual barrier
to a minimum height of six (6) feet. The landscape strip shall be
exterior to any security wall. In lieu of the required wall and landscape
strip, an alternative means of screening may be approved by the City
Manager in the case of a permitted use or use permitted by administrative
permit, or by the Planning and Zoning Commission in the case of a
conditional use permit, upon demonstration by the applicant that an
equivalent degree of visual screening will be achieved.
e.Â
All towers shall be separated from any off-site single or two (2)
family residential structure a distance equal to the height of the
tower. Towers on parcels adjacent to residentially zoned property
shall meet the setbacks of the applicable zoning district as are required
for a principal structure along the adjoining property line(s). Where
adjacent to non-residentially zoned property, towers shall maintain
setbacks as are required for accessory structures.
f.Â
Ground anchors of all guyed towers, if permitted, shall be located
on the same parcels as the tower and meet the setbacks of the applicable
zoning district.
g.Â
Vehicle or outdoor storage on any tower site is prohibited, unless
otherwise permitted by the zoning.
h.Â
On-site parking for periodic maintenance and service shall be provided
at all antenna or tower locations consistent with the underlying zoning
district.
8.Â
Shared use.
a.Â
Prior to the issuance of any permit to install, build or modify any
tower, the tower owner shall furnish the City Manager an inventory
of all of that owner's towers in or within one-half (½) mile
of the City limits of De Soto and agree to shared use of such facilities
subject to such technical limitations and financial terms as are reasonable.
The inventory shall include the tower's reference name and number,
the street location, latitude and longitude, structure type, height,
type and mounting height of existing antennas and an assessment of
available ground space for the placement of additional equipment shelters.
b.Â
Any new tower approved at a height of sixty (60) feet AGL (Above
Ground Level) or higher shall be designed and constructed to accommodate
at least one (1) additional user unless a larger number is indicated
by the response to the notification provisions herein. A written agreement
committing to shared use as required by Subparagraph (a) shall be
submitted by the tower applicant. The willful and knowing failure
of the owner of a tower built for shared use to negotiate in good
faith with potential users shall be cause for the withholding of future
permits to the same owner to install, build or modify antennas or
towers within the City.
c.Â
Prior to any application for the construction of a new tower or disguised
support structure, a copy of the application or a summary containing
the height, design, location and type and frequency of antennas shall
be delivered by certified mail to all known potential tower users
as identified by a schedule maintained by the City. Proof of such
delivery shall be submitted with the application to the City. The
City Manager may establish a form required to be used for such notifications.
Upon request, the City Manager shall place on a list the name and
address of any user of towers or prospective user to receive notification
of applications. The City Manager shall, before deciding on the application
or forwarding it to the Planning and Zoning Commission for consideration,
allow all persons receiving notice at least ten (10) business days
to respond to the City applicant that the party receiving notice be
permitted to share the proposed tower. The failure of the receiving
party to use this process or respond to any such notice shall be considered
cause for denying requests by such party for new towers or structures.
d.Â
Any party seeking shared use of a tower subject to this provision
shall, after responding to notice of an application, negotiate with
the applicant for such use. The applicant may on a legitimate and
reasonable business basis choose between multiple requests for shared
use on the same tower or structure, and may reject any request where
legitimate technical obstacles cannot be reasonably overcome or where
the party requesting shared use will not agree to reasonable financial
terms. Any party believing that the applicant has breached its duty
to negotiate in good faith for shared use shall immediately notify
the applicant and the City Manager in writing. The City Manager may
reject the application upon a finding that shared use has been improperly
denied. A notice of breach of duty shall explain the precise basis
for the claim and shall be accompanied by payment of an administrative
review fee of five hundred dollars ($500.00) to the City to offset
the cost of review. After the applicant's receipt of the notice, the
applicant shall have ten (10) calendar days to provide a written submission
to the City Manager responding to the alleged violation of the shared
use requirement. If deemed necessary by the City Manager, he/she may
engage, at the cost of the party alleging the violation, a neutral,
qualified technical consultant to provide an opinion on feasibility
or costs of the shared use request. If the City Manager receives a
notice alleging a violation of the shared use requirement, the time
for a decision on an administrative permit is automatically extended
for up to thirty (30) days until the City Manager has determined that
the applicant has complied. An application for conditional use permit
shall not be deemed complete for acceptance until a decision on compliance
is reached.
E.Â
Permitted Use. The placement as follows of antenna and towers
are permitted in all zoning districts other than residential:
1.Â
The attachment of additional or replacement antennas or shelters
to any tower existing on the effective date of this Section or subsequently
approved in accordance with these regulations, provided that additional
equipment shelters or cabinets are located within the existing tower
compound area.
2.Â
The mounting of antennas on any existing building or structure provided
that the presence of the antennas is concealed by architectural elements
or satisfactorily camouflaged by painting a color identical to surface
on which they are attached.
3.Â
The mounting of antennas on or within any existing high-voltage electric
transmission tower, but not exceeding the height of such tower by
more than ten (10) feet.
4.Â
The installation of antennas or the construction of a tower or support
structure on buildings or land owned by the City following the approval
of a lease agreement by the City Manager.
F.Â
Authorization By Administrative Permit. The placement as
follows of antenna and towers are permitted only by administrative
permit approved by the City Manager.
1.Â
The attachment of additional or replacement antennas or shelters
to any tower existing on the effective date of this Section or subsequently
approved in accordance with these regulations and requiring the enlargement
of the existing tower compound area as long as all other requirements
of this Section and the underlying zoning district are met.
2.Â
The construction of a disguised support structure provided that all
related equipment shall be placed underground or concealed within
the structure when the structure is located in any district other
than a district authorizing industrial uses. Equipment may be placed
in a cabinet if the disguised support structure is incidental to an
industrial, commercial, institutional or other non-residential use.
3.Â
The placement of dual polar panel antennas on wooden or steel utility
poles not to exceed forty (40) feet in height provided that all related
equipment is contained in a cabinet.
4.Â
Towers erected and maintained for a period not to exceed thirty (30)
days for the purpose of replacing an existing tower, testing an existing
or proposed network, or special events requiring mobile towers.
G.Â
Application Procedures. Applications for administrative
permits shall be made on the appropriate forms to the City Manager
and accompanied by payment of the established fee.
1.Â
A detailed site plan, based on a closed boundary survey of the host
parcel, shall be submitted indicating all existing and proposed improvements
including buildings, drives, walkway, parking areas and other structures,
public rights-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features, and the coordinates and height AGL of the existing or proposed
tower.
2.Â
The City Manager shall issue a decision on the permit within forty-five (45) days of the date of application or the application shall be deemed approved unless the time period for review and action was extended pursuant to Subsection (D)(8). The City Manager may deny the application or approve the application as submitted or with such modifications are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this Section. The City Manager may consider the purposes of this Section and the factors established herein for granting a conditional use permit, as well as any other considerations consistent with this Section. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.
H.Â
Appeals. Appeals from the decision of the City Manager shall
be made in the same manner as otherwise provided for the appeal of
administrative decisions and directly to the City Council.
I.Â
Conditional Use Permit Required. All proposals to install, build or modify an antenna or support structure not permitted by Subsections (E) and (F), shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission.
1.Â
Applications for conditional use permits shall be filed and processed subject to and in the manner and time frame as established in Section 405.430 of the Zoning Code. A decision by the Commission shall be accompanied by substantial evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
2.Â
Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantive evidence that placement of an antenna or support structure pursuant to Subsection (E) (Permitted Use) or Subsection (F) (Administrative Permits) of this Section is not technologically or economically feasible. The Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.Â
Findings required. In addition to the determinations or limitations specified herein and by Section 405.430 for the consideration of conditional use permits, the Commission shall also base its decision upon, and shall make findings as to, the existence of the following conditions:
a.Â
No existing towers, structures or buildings within the necessary
geographic area for the applicant's tower meet the applicant's necessary
engineering requirements considering
(1)Â
Height,
(2)Â
Structural strength,
(3)Â
Resulting signal interference,
(4)Â
Feasibility of retrofitting,
(5)Â
Feasibility of redesigning the applicant's tower network, or
(6)Â
Other limiting conditions that render existing towers, structures
or buildings within the applicant's required geographic area unsuitable.
b.Â
That the design of the tower or structure, including the antennas,
shelter and ground layout maximally reduces visual degradation and
otherwise complies with provisions and intent of this Section. New
towers shall be of a monopole design, unless it is shown that an alternative
design would equally or better satisfy this provision.
c.Â
That the proposal minimizes the number and/or size of towers or structures
that will be required in the area.
d.Â
That the applicant has not previously failed to take advantage of
reasonably available shared use opportunities or procedures provided
by this Section or otherwise.
|
If any one (1), but not more than one (1), of the first five
(5) determinations is not satisfied, approval may be granted only
on a finding of unique circumstances otherwise necessitating approval
to satisfy the purposes of this Section.
|
4.Â
Additional limitations. No tower shall be approved
at a height exceeding one hundred fifty (150) feet AGL unless the
applicant clearly demonstrates that such height is required for the
proper function of the applicant's system or that of a public safety
communications system of a governmental entity sharing the tower.
Such showing must also be supported by the opinion of a telecommunications
consultant hired by the City at the expense of the applicant. The
opinion of the consultant shall include a statement that no available
alternatives exist to exceeding the height limit or the reason why
such alternatives are not viable.
J.Â
Obsolete Tower Structures. Any upper portion of a tower
which is not occupied by active antennas for a period of twelve (12)
months, and any entire tower which is not so occupied for a period
of six (6) months, shall be removed at the owner's expense. Removal
of upper portions of a tower manufactured as a single unit shall not
be required. Failure to comply with this provision or to properly
maintain the tower and premises shall constitute a nuisance that may
be remedied by the City at the tower or property owner's expense.
K.Â
Commercial Operation Of Unlawful Tower Or Antennas. Notwithstanding
any right that may exist for a governmental entity to operate or construct
a tower or structure, it shall be unlawful for any person to erect
or operate for any private commercial purpose any new antenna, tower
or disguised support structure in violation of any provision of this
Section, regardless of whether such antenna or structure is located
on land owned by a governmental entity.