[R.O. 1991 § 400.550; Ord. No. 2865-13 § 1(Exh.
A § 400.550), 4-2-2013]
A.
Authority. The Governing Body of Smithville
may, by ordinance, amend, supplement, change, modify or repeal these
regulations and the district boundaries. No such amendment or change
shall be adopted by the Governing Body until the Planning and Zoning
Commission has held a public hearing and submitted its recommendation.
B.
Proposal Of Amendments. Amendments may
be initiated by the Governing Body, the Planning and Zoning Commission
or upon application by the owners of the property affected.
C.
Applications. When the owner of the property
affected initiates an amendment to the regulations or the district
boundaries, an application for such amendment shall be obtained from
the Secretary of the Planning and Zoning Commission. Said application
shall be completed in its entirety and filed with the Secretary of
the Planning and Zoning Commission so that a public hearing date can
be established.
D.
Certified Ownership List. The application
for an amendment shall be accompanied by an ownership list either
certified by a registered abstractor or compiled by the applicant
from County records, listing the legal description and name and address
of the owners of all property located within one hundred eighty-five
(185) feet of the boundaries of the property for which the zoning
change is requested.
E.
Fees.
1.
For the purpose of defraying the costs of the amendment proceedings,
an application review fee shall be charged. Upon the filing of each
application for a change of district boundaries or classification,
a deposit toward the application review fee shall be paid as follows:
2.
The application review fee shall be in an amount so as to reimburse
the City for the cost of public notices, certified letters, map reprinting,
as well as engineering and legal costs incurred in reviewing and approving
the applicant's request.
F.
Disposition Of Amendment Proposals. Upon
receipt of a proposed amendment for the Governing Body or an application
for an amendment from the owner of the property affected, the Planning
and Zoning Commission shall hold a public hearing on the proposed
amendment and forward to the Governing Body its findings and recommendations
with respect to the proposed amendment.
[R.O. 1991 § 400.555; Ord. No. 2865-13 § 1(Exh.
A § 400.555), 4-2-2013]
A.
Public Hearing. The Planning and Zoning
Commission shall hold a public hearing on each proposed amendment
that is referred to, filed with or initiated by it. The Planning and
Zoning Commission shall select a reasonable hour and place for such
public hearing and it shall hold such hearing on the next regular
meeting for which a public hearing may be scheduled from the date
on which the proposed amendment is referred to, filed with or initiated
by it. The Chairman may schedule special meetings from time to time
with approval of the City Administrator.
B.
Notice Of Hearing. Public notice of a hearing
on a proposed amendment shall be published by the City once in the
official City newspaper and at least fifteen (15) days shall elapse
between the date of the publication and the date set for such hearing.
Such notice shall state the date, time and place of the hearing and
shall contain a statement regarding the proposed change in regulations
or restrictions or the zoning classification or zoning district boundaries
of any property or the boundaries of any zoning district, such notice
shall contain the legal description and street address or general
street location of such property, its present zoning classification
and the proposed classification. When a proposed amendment will affect
the zoning classification of specific property, the City shall mail
a written notice of the public hearing thereon containing the same
information as the published notice thereof to the owner or owners
of the property affected and to the owners of all property within
one hundred eighty-five (185) feet of the boundaries thereof at least
fifteen (15) days prior to the date of such hearing. The Planning
and Zoning Commission may give such additional notice to other persons
as it may from time to time provide by its rules.
C.
Conduct Of Hearing. The hearing shall be
conducted and a record of the proceedings shall be preserved in such
manner and according to such procedures as the Planning and Zoning
Commission may from time to time prescribe by rule. Any interested
person or party may appear and be heard at the hearing in person,
by agent or by attorney. The Planning and Zoning Commission may request
a report on any person, firm or corporation. If such a report is made,
a copy thereof shall be made available to the applicant and any other
interested persons and shall be available for review in the offices
of the Planning and Zoning Commission at least three (3) days before
the date set for the public hearing.
[R.O. 1991 § 400.560; Ord. No. 2865-13 § 1(Exh.
A § 400.560), 4-2-2013]
A.
Recommendations. Upon the conclusion of
the public hearing, the Planning and Zoning Commission shall prepare
and adopt its recommendations and shall submit the same, together
with a record of the hearing thereon, to the Governing Body. Said
recommendation may be for approval, disapproval or approval in part
and reasons for the recommendation shall be included.
B.
Amendments To The Text. When a proposed
amendment would result in a change in the text of these regulations
but would not result in a change of zoning classification of any specific
property, the recommendation of the Planning and Zoning Commission
shall contain a statement as to the nature and effect of such proposed
amendment and determinations as to the following items:
1.
Whether such change is consistent
with the intent and purpose of these regulations;
2.
The areas which are most likely to
be directly affected by such change and in what way they will be affected;
and
3.
Whether the proposed amendment is
made necessary because of changed or changing conditions in the areas
and zoning districts affected or in the area of jurisdiction of such
changed or changing conditions.
C.
Amendments Of Zoning District Classifications.
When a proposed amendment would result in a change in zoning classification
of any specific property, the Planning and Zoning Commission shall
make findings of fact on the extent to which the application is found
to be compatible with the following:
1.
Character of the neighborhood.
2.
Consistency with the City's Comprehensive
Plan and ordinances.
3.
Adequacy of public utilities and
other needed public services.
4.
Suitability of the uses to which
the property has been restricted under its existing zoning.
5.
Length of time the property has remained
vacant as zoned.
6.
Compatibility of the proposed district
classification with nearby properties.
7.
The extent to which the zoning amendment
may detrimentally affect nearby property.
8.
Whether the proposed amendment provides
a disproportionately great loss to the individual landowners nearby
relative to the public gain.
[R.O. 1991 § 400.565; Ord. No. 2865-13 § 1(Exh.
A § 400.565), 4-2-2013]
A.
Adoption Of Amendments. The Governing Body
shall consider the request at their next regular meeting. Upon receipt
of the recommendation of the Planning and Zoning Commission and any
protest petitions that have been submitted, the Governing Body shall
consider the application and may approve the recommendations of the
Planning and Zoning Commission or take whatever action it deems necessary.
B.
Protest. If a written protest against a
proposed amendment shall be filed in the office of the City Clerk
within seven (7) days after the date of the action by the Planning
and Zoning Commission on a proposed amendment, which protest is duly
signed and acknowledged by the owners of thirty percent (30%) or more,
either of the areas of the land (exclusive of streets and alleys)
included in such proposed change or within an area determined by lines
drawn parallel to and one hundred eighty-five (185) feet distant from
the boundaries of the district proposed to be changed, then such proposed
amendment shall not be passed except by a two-thirds (2/3) vote of
the Governing Body. The provisions of Section 89.050, RSMo., relative
to public hearing and official notice shall apply equally to all changes
or amendments.
C.
Approved Action. If the Governing Body
approves an application, it shall adopt an ordinance to that effect.
If the official Zoning Map has been adopted by reference, the amending
ordinance shall define the change or boundary as amended, shall order
the official Zoning Map to be changed to reflect such amendment and
shall amend the Section of the ordinance incorporating the same and
shall reincorporate such map as amended.
[R.O. 1991 § 400.570; Ord. No. 2865-13 § 1(Exh.
A § 400.570), 4-2-2013]
A.
Definition. "Conditional uses" are those
types of uses which, due to their nature, are dissimilar to the normal
uses permitted within a given zoning district or where product, process,
mode of operation or nature of business may prove detrimental to the
health, safety, welfare or property values of the immediate neighborhood
and its environs. Within the various zoning districts, specific uses
may be permitted only after additional requirements are complied with
as established within this Section.
B.
Procedure.
1.
The consideration of a conditional use permit application shall be
handled in the same manner as a zoning amendment regarding the requirement
for public hearing, notices, protests and action by the Planning and
Zoning Commission and Governing Body.
2.
The filing deposit for a conditional use permit shall be one hundred
seventy-five dollars ($175.00). The deposit will be applied to the
required application review fee which shall be in an amount to reimburse
the City for the cost of public notice, certified letters and engineering
and legal expenses incurred in reviewing and approving the applicant
request.
C.
Minimum Requirements. A conditional use
permit shall not be granted unless specific written findings of fact
directly upon the particular evidence presented support the following
conclusions:
1.
The proposed conditional use complies
with all applicable provisions of these regulations, including intensity
of use regulations, yard regulations and use limitations.
2.
The proposed conditional use at the
specified location will contribute to and promote the welfare or convenience
of the public.
3.
The proposed conditional use will
not cause substantial injury to the value of other property in the
neighborhood in which it is to be located.
4.
The location and size of the conditional
use, the nature and intensity of the operation involved in or conducted
in connection with it and the location of the site with respect to
streets giving access to it are such that the conditional use will
not dominate the immediate neighborhood so as to prevent development
and use of neighboring property in accordance with the applicable
zoning district regulations. In determining whether the conditional
use will so dominate the immediate neighborhood, consideration shall
be given to:
5.
Off-street parking and loading areas
will be provided in accordance with the standards set forth in these
regulations and such areas will be screened from adjoining residential
uses and located so as to protect such residential uses from any injurious
effect.
6.
Adequate utility, drainage and other
such necessary facilities have been or will be provided.
7.
Adequate access roads or entrance
and exit drives will be provided and shall be so designed to prevent
traffic hazards and to minimize traffic congestion in public streets
and alleys.
D.
Additional Requirements. In granting a
conditional use, the City may impose such conditions, safeguards and
restrictions upon the premises benefited by the conditional use as
may be necessary to reduce or minimize any potentially injurious effect
of such conditional uses upon property in the neighborhood and to
carry out the general purpose and intent of these regulations. The
following additional conditions shall be a requirement for the approval
of the following conditional uses:
1.
Swimming Pools.
a.
Shall be located at least ten (10)
feet from the nearest property line.
b.
Shall be walled or fenced as to prevent
uncontrolled access by children from the street or any adjacent property.
c.
Shall be screened by a solid or semisolid
wall or fence at least six (6) feet but no more than eight (8) feet
high and no closer than four (4) feet from any edge of the pool; and
having a density of not less than eighty percent (80%) per square
foot, where the property on which the pool is located abuts a residential
district.
2.
Feedlots.
a.
b.
Drainage.
(1)
All ground surfaces
within pens shall be so graded and compacted to insure positive drainage.
(2)
Surface runoff shall
be so controlled that no appreciable amount of soil or manure is carried
into any roadway ditch or drainage area where it will deposit and
form sludge bands where flies and mosquitoes can breed or create water
pollution.
3.
Auto Wrecking Yards, Junk Yards,
Salvage Yards And Scrap Processing Yards.[1]
a.
Shall be located on a tract of land
at least three hundred (300) feet from a residential district zone.
b.
The operation shall be conducted
wholly within a non-combustible building or within an area completely
surrounded on all sides by a fence or wall at least eight (8) feet
high. The fence or wall shall be of uniform height, uniform texture
and color and shall be so maintained by the proprietor as to insure
maximum safety to the public and preserve the general welfare of the
neighborhood. The fence or wall shall be installed in such a manner
as to retain all scrap, junk or other material within the yard. No
scrap, junk or other salvaged materials may be piled so to exceed
the height of this enclosing fence or wall.
c.
No junk shall be loaded, unloaded
or otherwise placed either temporarily or permanently outside the
enclosed building, fence or wall or within the public right-of-way.
d.
Burning of paper, trash, junk or
other waste materials shall be permitted only after approval of the
Fire Department, except when prohibited by the State Board of Health.
[1]
Editor's Note: Former Subsection (D)(3), Kennels
— breeding and boarding, was repealed 2-3-2015 by Ord. No. 2915-15
§ 2. Section 2 of this ordinance also provided for the renumbering
of former Subsection (D)(4) through (7) as Subsection (D)(3) through
(6), respectively.
4.
Short-Term Loan Establishment.
a.
At the time of original approval,
no such establishment shall be located within one (1) mile of another
short-term loan establishment or pawnshop. This separation distance
shall be measured from the point on the outer wall of the building
housing each establishment that is closest to the other establishment.
b.
At the time of original approval
no such establishment shall be located within one (1) mile of a hotel
or motel.
c.
At the time of original approval
no such establishment shall be located within one thousand (1,000)
feet of any establishment that sells any intoxicating beverages, school,
religious institution, senior citizen or public housing development,
museum or a property or district which has been designated as a landmark
or historic district.
d.
Such establishment shall be operated
only as a principal use of a property and shall not be accessory to
any other use. A short-term loan establishment shall not operate any
accessory uses.
e.
At the time of original approval,
no such establishment shall be located on a lot contiguous with or
directly across the street or an alley from any property zoned "R-1,"
"R-2," "R-3," "R-4" or "R-5."
f.
Signage shall be limited to only
one (1) wall or fascia sign on any building wall with total square
feet of area of advertising copy not to exceed five percent (5%) of
the total square feet of area of such wall. In multiple story buildings,
the total height of the wall shall not exceed twenty (20) feet for
computation purposes. No incidental, temporary, changeable copy, digital
equipment displays, revolving, flashing, blinking, animated, movement
by mechanical means or roof signs advertising such establishment shall
be allowed.
g.
Paving and screening of the parking
area shall be as required by ordinance.
h.
The applicant shall demonstrate that
there shall be no negative impact on properties within five hundred
(500) feet of the proposed establishment.
i.
The permit shall be limited to a
two (2) year period but may be renewed by the Board of Aldermen after
a public hearing; provided however, at the time of renewal, the applicant
shall demonstrate that the establishment has not had a negative impact
of the properties within five hundred (500) feet and that the establishment
has complied with the Property Maintenance Code.
5.
Outpatient Facilities. Outpatient
facilities for the treatment of alcohol and other drug abuse if the
facility meets all of the following conditions:
a.
If a residential facility has not
more than six (6) persons residing in the building at one time;
b.
The exterior appearance of the treatment
facility shall reasonably conform to the exterior appearances of other
dwellings in the vicinity; and
c.
A treatment facility shall not be
located closer than five thousand two hundred eighty (5,280) feet
to any other substance abuse treatment facility.
6.
Telecommunications Facilities.
a.
In addition to the general conditional
use permit requirements established by this Chapter, telecommunications
facilities, as defined herein, shall be subject to the following requirements
except for telecommunications facilities subject to administrative
approval as defined and specified herein.
b.
The purpose of this Subsection is
to establish general guidelines for the siting of towers and antennas
for commercial wireless telecommunications. The following goals are
identified for the purpose of considering conditional use permits
for telecommunications facilities:
(1)
Encourage the location
of towers in non-residential areas and minimize the total umber of
towers throughout the community.
(2)
Encourage strongly the
joint use of new and existing tower sites.
(3)
Encourage users of towers
and antennas to locate them, to the extent possible, in areas where
the adverse impact on the community is minimal.
(4)
Encourage users of towers
and antennas to configure them in a way that minimizes the adverse
visual impact of the towers and antennas.
(5)
Enhance the ability
of the providers of telecommunications services to provide such services
to the community quickly, effectively and efficiently.
c.
For the purpose of interpreting and/or
granting conditional use permits for telecommunications facilities,
the following definitions shall be used:
(1)
Alternative Tower Structure.
Man-made trees, clock towers, bell steeples, light poles and similar
alternative-design mounting structures that camouflage or conceal
the presence of antennas or towers.
(2)
Act. The Communications
Act of 1934, as it has been amended from time to time, including by
the Telecommunications Act of 1996, and shall include future amendments
to the Communications Act of 1934.
(3)
Affiliate. When used
in relation to an operator, another person who directly or indirectly
owns or controls, is owned or controlled by, or is under common ownership
or common control with the operator or operators principal partners,
shareholders or owners of some other ownership interest; and when
used in relation to the City/County, any agency, board, authority
or political subdivision affiliated with the City/County or other
person in which the City/County has a legal or financial interest.
(4)
Antenna. Any structure
or device used to collect or radiate electromagnetic waves, including
both directional antennas, such as panels, microwave dishes and satellite
dishes and omnidirectional antennas, such as whips but not including
satellite earth stations.
(5)
Antenna Height. The
vertical distance measured from the base of the antenna support structure
at grade to the highest point of the structure. If the support structure
is on a sloped grade, then the average between the highest and lowest
grades shall be used in calculating the antenna height.
(6)
Antenna Support Structure.
Any pole, telescoping mast, tower tripod or any other structure which
supports a device used in the transmitting or receiving of radio frequency
energy.
(7)
Band. A clearly defined
range of radio frequencies dedicated to a particular purpose.
(8)
Broadcast. To transmit
information over the airwaves to two (2) or more receiving devices
simultaneously. Information can be transmitted over local television
or radio stations, satellite systems or wireless data communications
networks.
(9)
Cell Site. A tract or
parcel of land that contains the cellular communication antenna, its
support structure, accessory building(s) and parking and may include
other uses associated with an ancillary to cellular communication
transmission.
(10)
Cellular Service. A
telecommunications service that permits customers to use wireless,
mobile telephones to connect, via low-power radio transmitter sites
called cell sites, either to the public switched network or to other
mobile cellular phones.
(11)
Cellular Telecommunications.
A commercial low power mobile radio service licensed by the Federal
Communications Commission (FCC) in a specific geographical area in
which the radio frequency spectrum is divided into discrete channels
which are assigned in groups to geographic cells within a service
area and which are capable of being reused in different cells within
the service area.
(12)
Cellular Telecommunications
Facility. A cellular telecommunications facility consists of the equipment
and structures involved in receiving telecommunication or radio signals
from mobile radio communications source and transmitting those signals
to a central switching computer which connects the mobile unit with
the land-based telephone lines.
(13)
Channel. A segment
of a frequency band. Also referred to simply as frequency.
(14)
Co-Location. Locating
wireless communications equipment from more than one (1) provider
on a single site.
(15)
Common Carrier. A public
radio service in which a single licensee provides one-way or two-way
service to multiple users.
(16)
Communication Tower.
A guyed, monopole or self-supporting tower constructed as a freestanding
structure or in association with a building, other permanent structure
or equipment, containing one (1) or more antennas intended for transmitting
or receiving television, AM/FM radio, digital, microwave, cellular,
telephone or similar forms of electronic communication.
(17)
Communications Facility.
A land use facility supporting antennas and microwave dishes that
sends and/or receives radio frequencies signals. Communications facilities
include structures or towers and accessory buildings.
(18)
Communications Transmission
System Or Communications System. A wired communications transmission
system, open video system or wireless communications transmission
system regulated by this Code.
(19)
Cross Bar. A structure
at or near the top of the low power mobile radio service telecommunications
facility which provides support and horizontal separation for the
antenna(s).
(20)
Digital Technology.
Digital technology converts voice and data messages into digits that
represent sound intensities at specific points of time and data content.
(21)
Directional Antenna.
An antenna or array of antennas designed to concentrate a radio signal
in a particular area.
(22)
Dish Antenna. A dish-like
antenna used to link communications sites together by wireless transmission
of voice or data. Also called microwave antenna or microwave dish
antenna.
(23)
Effective Radiated
Power (ERP). The product of the antenna power input and the numerically
equal antenna power gain.
(24)
Enhanced Specialized
Mobile Radio (ESMR). A specialized mobile radio network, which utilizes
integrated digital enhanced network.
(25)
FAA. The Federal Aviation
Administration.
(26)
FCC. The Federal Communications
Commission.
(27)
Freestanding Low Power
Mobile Radio Service Facility. A low power mobile radio service telecommunications
facility that consists of a stand-alone support structure, antennas
and associated equipment. The support structure may be a wooden pole,
steal monopole, lattice tower, light standard or other vertical support.
(28)
Frequency. The number
of cycles completed each second by a sound wave measured in hertz
(Hz).
(29)
Governing Authority.
The governing authority of the City/County.
(30)
Guyed Tower. A communication
tower that is supported, in whole or in part, by guy wires and ground
anchors.
(31)
Interference. Disturbances
in reception caused by intruding signals or electrical current.
(32)
Land Mobile Systems.
Two-way radio service for mobile and stationary units in which each
user is assigned a particular frequency.
(33)
Lattice Tower. A guyed
or self-supporting three- or four-sided, open, steel frame structure
used to support telecommunications equipment.
(34)
License. The rights
and obligations extended by the City/County to an operator to own,
construct, maintain and operate its system within the boundaries of
the City/County for the sole purpose of providing services to persons
or areas outside the City/County.
(35)
Low Power Commercial
Mobile Radio Network. A system of low power commercial telecommunications
facilities which allow wireless conversation to occur from site to
site.
(36)
Low Power Commercial
Mobile Radio Service. Including:
(37)
Low Power Telecommunications
Facility. An unmanned facility consisting of equipment for the reception,
switching and/or receiving of wireless telecommunications operating
at one thousand (1,000) watts or less effective radiated power (ERP)
including, but not limited to, the following:
(a)
Point-to-point microwave
signals.
(b)
Signals through FM radio
translators.
(c)
Signals through FM radio
boosters under ten (10) watts effective radiated power (ERP).
(d)
Cellular, enhanced specialized
mobile radio (ESMR) and personal communications networks (PCN).
(e)
Private low power mobile
radio service.
(38)
Lower Power Mobile
Radio Service Telecommunications Facility. A facility which consists
of equipment for the reception, switching and transmission of lower
power mobile radio service communications.
(39)
MHz. Megahertz or one
million (1,000,000) Hz.
(40)
Microcell. A low power
mobile radio service telecommunications facility used to provide increased
capacity in high call-demand areas or to improve coverage in areas
of weak coverage.
(41)
Microwave. Electromagnetic
radiation with frequencies higher than one thousand (1,000) MHz; highly
directional signal used to transmit radio frequencies from point to
point at a relatively low power level.
(42)
Microwave Antenna.
A dish-like antenna manufactured in many sizes and shapes used to
link communication sites together by wireless transmission of voice
or data.
(43)
Mobile And Land Based
Telecommunication Facility. Whip antennas, panel antennas, microwave
dishes and receive-only satellite dishes and related equipment for
wireless transmission with low wattage transmitters not to exceed
five hundred (500) watts from a sender to one (1) or more receivers
such as for mobile cellular telephones and mobile radio system facilities.
(44)
Monopole Tower (aka
Self-Support Tower). A communication tower consisting of a single
pole constructed without guy wires and ground anchors.
(45)
MW/cm2. Microwatts per square centimeter; a measurement of the radio frequencies
hitting a given area.
(46)
Omnidirectional Antenna
(aka Whip Antenna). An antenna that is equally effective in all directions
and whose size varies with the frequency and gain for which it is
designed.
(47)
Panel Antenna (aka
Sector Antenna). An antenna that transmits signals in specific directions
and are typically square or rectangular in shape.
(48)
Personal Communications
Services (PCS). Digital wireless telephone technology such as portable
phones, pagers, faxes and computers. Such mobile technology promises
to allow each consumer to use the same telephone number wherever he/she
goes. Also known as "personal communications network (PCN)."
(49)
Private Low Power Mobile
Radio Service. All other forms of wireless telecommunications which
have similar physical facilities to a low power commercial radio service
but do not meet the definition of commercial mobile radio service.
(50)
Public Property. Any
real property, easement, right-of-way, air space or other interest
in real estate, including a street, owned or controlled by the City/County
or any other governmental unit.
(51)
Repeater. A low power
mobile radio service telecommunications facility that extends coverage
of a cell to areas not covered by the originating cell.
(52)
Roof And/or Building
Mount Facility. A low power mobile radio service telecommunications
facility in which antennas are mounted to an existing structure on
the roof (including rooftop appurtenances) or building face.
(53)
Self-Support Tower.
A communication tower that is constructed without guy wires and ground
anchors. (Examples could include lattice and monopole tower types.)
(54)
Specialized Mobile
Radio (SMR). A mobile radio which is utilized in conjunction with
an enhanced special mobile radio network, which includes dispatch
and interconnect services.
(55)
Telecommunications.
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 and received.
(56)
Telecommunications
Facility. Consists of the equipment and structures involved in 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 and received.
(57)
Tower. Any structure
that is designed and constructed primarily for the purpose of supporting
one (1) or more antennas, including self-supporting lattice towers,
guy towers or monopole towers. The term includes radio and television
transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structure and the like.
(58)
VHF. Very high frequency
with bands from thirty (30) to three hundred (300) MHz; includes FM
radio, VHF — TV (Channels 2 to 13) and some land mobile and
common carriers.
(59)
Wavelength. The distance
between point of corresponding phases of a periodic wave of two (2)
constant cycles. Wavelength equals wave velocity/frequency.
d.
All telecommunications facilities
shall comply with the following requirements:
(1)
Radio Frequency Radiation.
The tower and facilities shall meet all Federal Communications Commission
requirements for radio frequency emissions.
(2)
Federal Requirements.
(a)
All towers must meet or exceed current standards and regulations
of the FAA, the FCC and any other agency of the Federal Government
with the authority to regulate towers and antennas. If such standards
and regulations are changed, then it is the responsibility of the
carrier to promptly comply with said regulations.
(b)
Failure to bring towers and antennas into compliance with such
revised standards and regulations shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(3)
Building Codes/Safety
Standards. To ensure the structural integrity of towers, the owner
of a tower shall ensure that it is constructed and maintained in compliance
with standards contained in applicable 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 governing authority concludes that a tower fails to comply with
such codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner
shall have thirty (30) days to bring such tower into compliance with
such standards. If the owner fails to bring such tower into compliance
within said thirty (30) days, the governing authority may order the
removal or cause the removal of such tower at the owner's expense.
(4)
Removal Of Abandoned
Towers. Any tower that is no longer in use for its original communications
purpose shall be removed at the owner's expense. The owner shall provide
the City with a copy of the notice to the FCC of intent to cease operations
and shall be given ninety (90) days from the date of ceasing operations
to remove the obsolete tower and accessory structures. In the case
of multiple operators sharing use of a single tower, this provision
shall not become effective until all users cease operations. The equipment
on the ground is not to be removed, however, until the tower structure
has first been dismantled and removed.
(5)
Amateur Radios And Receive-Only
Antennas. This Subsection shall not govern any tower or the installation
of any antenna that is under seventy (70) feet in height and is owned
and operated by a Federally licensed amateur radio station operator
or is used exclusively for receive-only antennas.
(6)
As-Built Plans. Within
sixty (60) days of completion of the initial construction and any
additional construction, each facility owner shall furnish two (2)
complete sets of plans, drawn to scale and certified to the City as
accurately depicting the location of all telecommunications facilities
constructed pursuant to this Subsection.
(7)
Inspection. At least
every twenty-four (24) months, the tower shall be inspected by an
expert who is regularly involved in the maintenance, inspection and/or
erection of communication towers. At a minimum, this inspection shall
be conducted in accordance with the tower inspection checklist provided
in the Electronics Industries Association (EIA) Standard 222, Structural
Standards for Steel Antenna Towers and Antenna Support Structures.
A copy of such inspection record shall be provided to the City.
(8)
Underground Placement
Of Cables, Wires And Facilities. In all areas of the City where the
cables, wires and other like facilities of public utilities exist
underground or are required by the City to be placed underground,
an operator shall also place its cables, wires or other facilities
underground.
(9)
Disturbances. In the
case of any disturbance to a street or other public property caused
by an operator during the course of constructing or maintaining its
system facilities, an operator shall, at its own expense, replace
and restore all paving, sidewalk, driveway, landscaping or surface
of any street or other public property disturbed in as good or better
condition as before the disturbance in accordance with applicable
Federal, State and local laws, rules, regulations or administrative
decisions. The duty to restore the street or other public property
shall include the repair of any area identified by the Development
Director as being weakened or damaged as a result of a cut or to other
invasion of the pavement of a street or other public property.
e.
Towers and antennas shall comply
with the following standards:
(1)
Permitted By Right.
Antennas may locate on any legally existing tower, provided however,
that any associated equipment buildings shall be subject to final
development plan approval. All ground-mounted equipment would be subject
to final plan approval.
(2)
Administrative Approval.
The Community Development Director may administratively approve installation
of antennas on existing structures in zoning categories "B-2," "B-3,"
"I-1" and "I-2" provided said antennas and associated equipment meet
the following requirements:
(a)
Antennas shall not exceed
the height of the existing structure by more than ten (10) feet.
(b)
Antennas installed on
an existing building shall be finished or painted a color similar
if not identical to the exterior of said building.
(c)
The total number of
antennas on a building may not exceed six (6).
(d)
The total number of
antennas on a structure other than a building or tower may not exceed
three (3).
(e)
All associated equipment
shall be completely obstructed from view from the ground.
(f)
Administrative approval
shall be in effect provided said installation meets the above requirements.
In the event that an installation fails to meet any of the above requirements,
administrative approval shall be immediately revoked.
(3)
Conditional Use Permits.
A conditional use permit is required to construct a tower, antenna
support structure, communication tower, guyed tower, lattice tower,
monopole tower, repeater or self-support tower in Zoning Districts
"A-1," "B-2," "B-3," "R-4," "I-1," "I-2" and "PUD" and on public lands,
public and private parks, golf courses and as a secondary use on facilities
otherwise exempt from the Zoning Code.
(4)
Not Permitted. No form
of tower, antenna support structure, communication tower, guyed tower,
lattice tower, monopole tower, repeater or self-support tower is permitted
in Zoning Districts "R-S," "R-1," "R-2," "R-3," "B-1" and "B-4."
(5)
Height And Setback Limitations.
(a)
Towers permitted by
conditional use permit shall not exceed a maximum height of one hundred
(100) feet. Fifty (50) additional feet may be added, at the discretion
of the Planning and Zoning Commission and Board of Aldermen, to accommodate
co-location if the applicant submits information certifying the capacity
of the tower for two (2) additional providers and a letter of intent
from the applicant indicating their intent to share space. A lightning
rod not to exceed ten (10) feet shall not be included within the height
limitations.
(b)
Setbacks shall be equal
to one and one-half (1 1/2) the antenna height unless an engineer
certifies the fall zone will be within the setback area proposed.
Guy wires and other support devices shall be no closer than twenty
(20) feet from any lot line.
(c)
Setbacks for towers
on a roof/structure may be as high as the distance to edge of the
roof/structure; or the height of an equivalent ground-mounted tower
may be used for a roof/structure-mounted tower if the setbacks for
a ground tower are satisfied.
(6)
Separation. In zoning
districts other than industrial districts, towers over ninety (90)
feet in height shall not be located within one-quarter (1/4) of a
mile from any existing tower that is over ninety (90) feet in height.
(7)
Co-Location. If a tower
is constructed, it shall be three (3) times the capacity of intended
use in order that secondary users could lease the balance of the tower
capacity at a reasonable rate. Proof must be presented to the City
that there are no other suitable sites within a one (1) mile radius
of the proposed tower site.
(8)
Aesthetics. All towers
and accessory facilities shall be sited to have the least practical
adverse visual effect on the environment. Towers shall not be lighted
except to assure human safety as required by the Federal Aviation
Administration (FAA). Towers should be a galvanized finish or painted
gray or light blue unless other standards are required by the FAA.
In all cases, monopole towers shall be preferable to guyed towers
or freestanding structures. Towers should be designed and sited so
as to avoid, whenever possible, application of FAA lighting and painting
requirements.
(9)
Antennas On Structures
Other Than Towers. If an antenna is installed on a structure other
than a tower, 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 so as to make
the antenna and related equipment as visually unobtrusive as possible.
Microwave antennas exceeding twelve (12) inches in diameter on a roof
or building-mounted facility shall not exceed the height of the structure
to which they are attached, unless fully enclosed.
(10)
Accessory Equipment
Storage. Mobile or immobile equipment not used in direct support of
a tower facility shall not be stored or parked on the site of the
communication tower, unless repairs to the tower are being made.
(11)
Screening And Fencing.
The base of the tower shall be screened from view with a solid screening
fence a minimum of six (6) feet in height. The materials of the fence,
including any proposed razor wire or other security wire, shall be
subject to the review and approval of the Planning and Zoning Commission
and/or Board of Aldermen. The Planning and Zoning Commission and/or
Board of Aldermen shall have the ability to waive the required screening
wall where the design of the accessory building is architecturally
compatible to the primary use of the property.
(12)
Design. Facility colors
and designs should be compatible with surrounding buildings and/or
uses in the area or those likely to exist in the area and should prevent
the facility from dominating the surrounding area.
(13)
Lighting. Towers shall
not be artificially lighted, unless required by the FAA or other applicable
authority. If lighting is required, the governing authority may review
the available lighting alternatives and approve the design that would
cause the lease disturbance to the surrounding views. Security lighting
around the base of a tower may be provided if the lighting is shielded
so that no light is directed towards adjacent properties or rights-of-way.
(14)
Landscaping.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from adjacent residential property. The standard buffer shall consist
of a landscaped strip at least four (4) feet wide outside the perimeter
of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived altogether by
the Planning and Zoning Commission and/or Board of Aldermen.
(15)
Parking Area And Drives.
All parking areas and drives associated with the communications tower
shall comply with applicable provisions for such facilities in each
zoning district.
(16)
Accessory Use Provisions.
Accessory uses shall include only such buildings and facilities necessary
for transmission functions and satellite ground stations associated
with them, but shall not include broadcast studios, offices, vehicle
storage area or other similar uses not necessary for the transmission
function.
f.
In addition to all other application
requirements, conditional use permit applications for telecommunications
facilities shall be required to provide the following:
(1)
Written authorization
from the property owner of the proposed tower site.
(2)
A site plan:
(a)
Drawn to scale.
(b)
Showing the property
boundaries.
(c)
Showing any tower guy
wire anchors and other apparatus.
(d)
Existing and proposed
structures.
(e)
Scaled elevation view.
(f)
Access road(s) location
and surface material.
(g)
Parking area.
(h)
Fences.
(i)
Location and content
of (any or warning) signs.
(j)
Exterior lighting specifications.
(k)
Landscaping plan.
(l)
Land elevation contours.
(m)
Existing land uses surrounding
the site.
(3)
A written report, including:
(a)
Information describing
the tower height and design.
(b)
A cross section of the
structure.
(c)
Engineering specifications
detailing construction of tower, base and guy wire anchorage.
(d)
Information describing
the proposed painting and lighting schemes.
(e)
Information describing
the tower's capacity, including the number and type of antennas that
it can accommodate.
(4)
All tower structural
information to be certified by a licensed PE.
(5)
Information indicating
an acceptable area or radius in which a site could be located to provide
services similar to the proposed facility. Based upon said information,
applicant may be asked to explain why other sites deemed to be preferable
by the Planning and Zoning Commission and/or Board of Aldermen were
not selected. Explanations may include, but not be limited to:
(a)
Refusal by current tower
owner.
(b)
Topographic limitations.
(c)
Adjacent impediments
blocking transmission.
(d)
Site limitations to
tower construction.
(e)
Technical limitations
of the system.
(f)
Equipment exceeds structural
capacity of facility or tower.
(g)
No space on existing
facility or tower.
(h)
Other limiting factors
rendering existing facilities or towers unusable.
Note: A pre-application meeting with
staff and/or the Planning and Zoning Commission and/or Board of Aldermen
to discuss possible alternatives is encouraged and may be mutually
beneficial.
(6)
An inventory of capacity
on existing towers in the area.
(7)
A photo simulation of
the proposed facility from effected residential properties and public
rights-of-way as coordinated with the planning staff.
(8)
A signed statement from
the applicant indicating their intention to share space on the tower
with other providers.
(9)
Additional information
as requested by the Planning and Zoning Commission and/or Board of
Aldermen.
(10)
In certain instances, there may be need for expert
review by a third party of the technical data submitted by an applicant.
Such a technical review shall be paid for by the applicant. Review
is intended to report on technical aspects of proposed location but
not to provide a subjective review of the site requested. Review will
address accuracy, completeness, applicability and validity of data
submitted. Applicant will be notified in advance of said review and
allowed to provide written comments regarding the need for and cost
of such a review.
[R.O. 1991 § 400.575; Ord. No. 2865-13 § 1(Exh.
A § 400.575), 4-2-2013]
A.
Generally. Non-conformities are of three
(3) types: non-conforming lots of record, non-conforming structures
and non-conforming uses. A definition of each type is as follows:
1.
Non-Conforming Lot Of Record. A lot
which is part of a recorded plat prior to the original adoption of
subdivision regulations in the City and neither said lot nor parcel
complies with the lot width or area requirements for a permitted use
in the district in which it is located.
2.
Non-Conforming Structure. An existing
structure which does not comply with the lot coverage, height or yard
requirements which are applicable to new structures in the zoning
district in which it is located.
3.
Non-Conforming Use. An existing use
of a structure or of land which does not comply with the use regulations
applicable to new uses in the zoning district in which it is located.
B.
Non-Conforming Lots Of Record. The Zoning
Administrator shall issue a zoning certificate for any non-conforming
lot of record provided that:
1.
Said lot is shown by a recorded plat
or deed to have been owned separately and individually from adjoining
tracts of land at a time when the creation of a lot of such size and
width at such location would not have been prohibited by any zoning
regulations; and
2.
Said lot has remained in separate
and individual ownership from adjoining tracts of land continuously
during the entire time that the creation of such lot has been prohibited
by the applicable zoning regulations; and
3.
Said lot can meet all setback requirements
for the district in which it is located; and
4.
Said lot can connect with a public
sewer system or can meet the minimum sanitary sewer requirements of
the City.
C.
Non-Conforming Structures.
1.
Authority To Continue. Any structure
which is devoted to a use which is permitted in the zoning district
in which it is located, but which is located on a lot which does not
comply with the applicable intensity of use regulations and/or the
applicable yard and height regulations, may be continued, so long
as it remains otherwise lawful.
2.
Enlargement, Repair, Alterations.
Any non-conforming structure may be enlarged, maintained, repaired
or remodeled; provided however, that no such enlargement, maintenance,
repair or remodeling shall either create any additional non-conformity
or increase the degree of existing non-conformity of all or any part
of such structure.
3.
Damage Or Destruction. In the event
that any non-conforming structure is damaged or destroyed, by any
means, to the extent of more than fifty percent (50%) of its square
footage, such structure shall not be restored unless it shall thereafter
conform to the regulations for the zoning district in which it is
located. When a structure is damaged to the extent of fifty percent
(50%) or less, no repairs or restoration shall be made unless a zoning
certificate is obtained within six (6) months and restoration is actually
begun within one (1) year after the date of such partial destruction
and is diligently pursued to completion.
4.
Moving. No non-conforming structure
shall be moved in whole or in part for any distance whatever to any
other location on the same or any other lot unless the entire structure
shall thereafter conform to the regulations of the zoning district
in which it is located after being moved.
D.
Non-Conforming Uses.
1.
Authority To Continue. Any lawfully
existing non-conforming use of part or all of a structure or any lawfully
existing non-conforming use of land, not involving a structure or
only involving a structure which is accessory to such use or land,
may be continued, so long as otherwise lawful.
2.
Ordinary Repair And Maintenance.
a.
Normal maintenance and incidental
repair or replacement, installation or relocation of non-bearing walls,
non-bearing partitions, fixtures, wiring or plumbing may be performed
on any structure that is devoted in whole or in part to a non-conforming
use.
b.
Nothing in these regulations shall
be deemed to prevent the strengthening or restoring to a safe condition
of a structure in accordance with an order of a public official who
is charged with protecting the public safety who declares such structure
to be unsafe and orders its restoration to a safe condition.
3.
Extension. A non-conforming use shall
not be extended, expanded, enlarged or increased in intensity. Such
prohibited activities shall include, without being limited to:
a.
Extension of such use to any structure
or land area other than that occupied by such non-conforming use on
the effective date of these regulations (or on the effective date
of subsequent amendments hereto that cause such use to become non-conforming).
b.
Extension of such use within a building
or other structure to any portion of the floor area that was not occupied
by such non-conforming use on the effective date of these regulations
(or on the effective date of subsequent amendments hereto that cause
such use to become non-conforming); provided however, that such use
may be extended throughout any part of such building or other structure
that was lawfully and manifestly designed or arranged for such use
on such effective date.
4.
Enlargement. No structure that is
devoted in whole or in part to a non-conforming use shall be enlarged
or added to in any manner unless such structure and the use thereof
shall thereafter conform to the regulations of the district in which
it is located.
5.
Damage Or Destruction. In the event
that any structure that is devoted in whole or in part to a non-conforming
use is damaged or destroyed, by any means, to the extent of more than
fifty percent (50%) of its square footage, such structure shall not
be restored unless such structure and the use thereof shall thereafter
conform to all regulations of the zoning district in which it is located.
When such damage or destruction is fifty percent (50%) or less, no
repair or restoration shall be made unless a zoning certificate is
obtained within six (6) months and restoration is actually begun within
one (1) year after the date of such partial destruction and is diligently
pursued to completion.
6.
Moving. No structure that is devoted
in whole or in part to a non-conforming use and no non-conforming
use of land shall be moved in whole or in part for any distance whatever
to any location on the same or any other lot, unless the entire structure
and the use thereof or the use of land shall thereafter conform to
all regulations of the zoning district in which it is located after
being so moved.
7.
Change In Use. If no structural alterations are made, any non-conforming use of a structure or structure and premises may be changed to another non-conforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non- conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with Section 400.605(B).
8.
Abandonment Or Discontinuance. When
a non-conforming use is discontinued or abandoned for a period of
twelve (12) consecutive months, such use shall not thereafter be re-established
or resumed and any subsequent use or occupancy of such land shall
comply with the regulations of the zoning district in which such land
is located.
9.
Non-Conforming Accessory Uses. No
use which is accessory to a principal non-conforming use shall continue
after such principal use shall cease or terminate.
10.
Non-Conforming Residential Uses. Notwithstanding the provisions of Subsections (C) and (D), any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.
[R.O. 1991 § 400.580; Ord. No. 2865-13 § 1(Exh.
A § 400.580), 4-2-2013]
A.
Status Of Existing Conditional Uses. Where
a use exists at the effective date of these regulations and is permitted
by these regulations only as a conditional use in the zoning district
in which it is located, such use shall not be deemed to be a non-conforming
use, but shall, without further action, be deemed a lawful conforming
use in such zoning district as provided by prior approval.
B.
Status Of Future Conditional Uses. Any
use for which a conditional use permit has been issued, as provided
in these regulations, shall not be deemed to be a non-conforming use,
but shall, without further action, be deemed a lawful conforming use.
[R.O. 1991 § 400.585; Ord. No. 2865-13 § 1(Exh.
A § 400.585), 4-2-2013]
A.
Affidavit Of Use. The owner of a non-conforming
building or use shall certify by affidavit to the Zoning Administrator
that said building or use was made non-conforming by the passage of
these regulations. Upon acceptance of the affidavit, the Zoning Administrator
shall issue a certificate of occupancy for said non-conforming use
or building. Such certificate shall designate the location, nature
and extent of such non-conformance.
B.
Violation Of Existing Codes. If, upon review
of the affidavit, any violation of previous or existing ordinances
or codes is found to exist, the Zoning Administrator shall not issue
said certificate of occupancy and shall declare such use to be in
violation of these regulations and shall act accordingly.
C.
Illegal Use. Any use not in conformance
with these regulations and on which no certificate of occupancy has
been issued shall be presumed to be an illegal use and shall be prosecuted
accordingly.
