[CC 1996 §415.010; CC 1981 §415.010; Ord. No. 379 §27.16, 7-21-1975]
Unless otherwise stated, the regulations hereafter established
shall apply within all districts established by this Chapter or by
amendment thereto. These general regulations supplement and qualify
the district regulations appearing elsewhere in this Chapter.
[CC 1996 §415.020; CC 1981 §415.020; Ord. No. 379 §27.17, 7-21-1975]
A.
This
Section contains the zoning performance standard regulations for Breckenridge
Hills. These regulations shall apply to all land uses and developments
in the "C" Commercial and "M" Manufacturing Districts and all land
uses requiring an additional use permit within any residential district.
B.
Performance Standards.
1.
Vibration. Every use shall be so operated that the
maximum ground vibration generated is not perceptible without instruments
at any point on the lot line on which the use is located; except however
for that vibration caused by blasting.
2.
Noise. Every use shall be so operated that the pressure
level of sound or noise generated, measured in decibels, shall not
exceed, at any point on the lot line, the maximum decibel levels for
the designated octave band as set forth in the following table for
the appropriate area:
|
Octave Band Cycles per Second
|
Maximum Permitted Sound Pressure Level in Decibels Within
or Adjacent to Residence Districts
|
"R" Within All Other Areas
| |
|---|---|---|---|
|
0 to 75
|
72
|
79
| |
|
75 to 150
|
67
|
74
| |
|
150 to 300
|
59
|
66
| |
|
300 to 600
|
52
|
59
| |
|
600 to 1,200
|
46
|
53
| |
|
1,200 to 2,400
|
40
|
47
| |
|
2,400 to 4,800
|
34
|
41
| |
|
4,800 and above
|
32
|
39
|
3.
Odor. Every use shall be so operated that no offensive
or objectionable odor is emitted in accordance with the requirements
of St. Louis County Health Department Ordinance 3347, 1964.
4.
Smoke. Every use shall be so operated that no smoke
from any source shall be emitted that exceeds the emission levels
in the requirements of St. Louis County Health Department Ordinance
3347, 1964.
5.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes or gases
which exceed the emission levels in the requirements of St. Louis
County Health Department Ordinance 3347, 1964.
6.
Emission of dirt, dust, fly ash and other forms of particulate
matter. The emission of dirt, dust, fly ash and other forms
of particulate matter shall not exceed the emission levels in the
requirements of St. Louis County Health Department Ordinance 3347,
1964.
7.
Radiation. Every use shall be so operated that there
is no dangerous amount of radioactive emissions in accordance with
the standards of the Federal Radiation Council.
8.
Glare and heat. Any operation producing intense
glare or heat shall be performed in an enclosure and in such a manner
as to be imperceptible along any lot line without instruments.
9.
Any addition, modification or change in any regulation, code, ordinance
or other standard referred to in zoning performance standard regulations
shall become a part of these regulations.
[CC 1996 §415.030; CC 1981 §415.030; Ord. No. 379 §27.18, 7-21-1975]
A.
The
off-street parking requirements specified in each zoning district
are supplemented and/or qualified by the following general requirements:
1.
An area used for off-street parking of four (4) or more vehicles
shall be effectively screened from adjoining residential property.
Such screening shall consist of louvered fence, solid fence or wall;
and such screening shall not be less than six (6) feet in height above
the surface elevation of the parking area; except where sight distance
regulations of street intersections require other arrangements.
2.
Parking space required by this Chapter to serve residential uses
shall be provided on the same parcel of land that the residential
use is located. Parking space required by this Chapter for non-residential
use in a residential district shall be provided on the same lot as
the principal use or on a contiguous lot.
3.
Parking spaces in enclosed or unenclosed areas.
a.
Parking spaces provided in an enclosed or semi-enclosed structure shall not project beyond any required yard, setback or building line in a residential district, except as may be provided in Article IV of this Chapter. Parking space provided in an unenclosed area shall not encroach on the required front yard of any residential district.
b.
In a manufacturing district, parking space provided in an enclosed
structure shall not project behind any required yard, setback or building
line. Parking space provided in an unenclosed area shall not encroach
on the required front yard. However, where a front yard greater than
the normal is provided, the space between the normal required front
yard and the extra front yard may be used for off-street parking.
Additional parking not to exceed five (5) spaces per one hundred (100)
feet of frontage may be placed within the required front yard area
in a manufacturing district, provided however, that access from the
street to the parking spaces is by a driveway and that at least twenty
percent (20%) of the front yard area is landscaped and such landscaping
shall be adequately maintained.
c.
In a commercial district, parking space provided in an unenclosed
area shall not be closer to the front lot than fifteen (15) feet,
but may be located on any other part of the lot. The area between
the front property line and the front building line, except for required
driveways, shall be landscaped and such landscaping shall be adequately
maintained.
4.
Two (2) or more uses may combine to provide the required parking
space jointly; however, the parking space so provided shall equal
the total space required if each were to provide parking space separately.
Plans for such joint parking must be approved by the Planning and
Zoning Commission who shall, after approval, record the parking plan
and an appropriate legal instrument of agreement among the owners
of the various properties involved with the St. Louis County Recorder
of Deeds. Such recorded plans and agreements shall be binding upon
the owners of the properties involved and their successors and assigns
and shall limit and control the use of the land included in the plan
to those uses and conditions approved by the Planning and Zoning Commission
and agreed to by the owners of the properties involved.
5.
No off-street parking space required under this Chapter shall be
used for any other purpose. Where a change in use creates greater
parking requirements than the amount being provided, an occupancy
permit shall not be issued until provision is made for the increased
amount of required off-street parking.
6.
The off-street parking requirements in residential districts may
be reduced by the City Council to facilitate the development of Federal
Turnkey Housing and Federally-assisted housing for the elderly.
7.
Unless regulated otherwise, parking areas, including driveways, shall
be paved with asphaltic concrete or Portland cement concrete.
8.
All areas for off-street parking shall be so arranged so that vehicles
can turn around within the area and enter the street or roadway in
such a manner as to completely eliminate the necessity for backing
into the street or roadway.
9.
All parking stalls, with the exception of those within the "PS" Park
and Scenic District, shall contain wheel guards or be curbed in such
a manner to ensure that no vehicle will overhang sidewalks or landscaped
areas and to ensure that vehicle movement be restricted to driving
aisles and driveways.
10.
All required parking spaces, driving aisles and required access streets
shall be constructed prior to the issuance of any occupancy permit.
11.
A minimum of one (1) one hundred (100) square foot, curbed, landscaped
island shall be provided at the ends of each single row of parking
stalls and one (1) four hundred (400) square foot, curbed, landscaped
island shall be provided at the ends of each double row of parking
stalls.
[CC 1996 §415.040; CC 1981 §415.040; Ord. No. 379 §27.20, 7-21-1975; Ord.
No. 977 §1, 6-15-1998]
A.
Statement Of Purpose.
1.
A non-conforming land use or structure is one which existed lawfully,
whether by variance or otherwise, at the adoption of the City's first
zoning ordinances and as it has been amended thereafter, which fails
to conform to one (1) or more of the applicable regulations in the
Zoning Code or such amendment thereto, except minimum lot area, yard
and setback requirements.
2.
Such non-conformities may be incompatible with and detrimental to
permitted land uses and structures in the zoning districts in which
they are situated; they inhibit present and future development of
nearby properties; and they confer upon their owners and users a position
of unfair advantage.
3.
Non-conformities are not to be expanded and they shall be abolished
or reduced to conformity as quickly as the interest to the parties
will permit.
B.
General Provisions.
1.
An existing non-conforming use of land or a structure shall
not cause further departures from the Zoning Code but may be changed
to another non-conforming use of the same or more restricted classification.
Whenever a non-conforming use has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
to a less restricted use.
[Ord. No. 1198 § 1, 10-21-2013; Ord. No. 1264 § 6, 8-21-2017]
2.
The existence of any present non-conformity anywhere in the City
shall not itself be considered grounds for the issuance of a variance
for other property.
3.
A non-conformity shall not be deemed to have existed on July 21,
1975, unless:
a.
It was in being on a continuous basis and to its fullest extent on
such date.
b.
If such non-conformity is a use, such use had not been abandoned
as hereinafter defined.
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Provided however, that nothing in this Chapter shall be deemed
to require a change in the plans, construction or designated use of
any structure on which actual construction was lawfully begun in good
faith prior to such date and if such construction is diligently prosecuted
to completion within two (2) years following such date. "Actual
construction" is hereby defined to include the placing of
construction materials so that they are in a permanent position and
fastened to the earth in a permanent manner.
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4.
A non-conforming use of land shall not be enlarged, extended or altered
and a structure or part thereof devoted to a non-conforming use shall
not be enlarged, extended, constructed, reconstructed or structurally
altered, except:
a.
As may be required by law.
b.
In changing the use to one which is permitted in the district in
which such use is situated.
c.
To the extent hereinafter permitted.
d.
To provide off-street parking or loading space, unless such use is
changed to a use permitted in the district in which it is situated.
5.
A non-conforming use of land shall not be moved to another part of
a lot or outside the lot and a non-conforming use of a structure shall
not be moved to any part of the structure not manifestly arranged
and designed for such use at the time the use became non-conforming;
except that in the case of extraction of raw materials from the earth,
extraction operations and moving of related structures may occur on
any part of the tract owned or leased by the operator at the time
it became a non-conforming use.
6.
Where any change is proposed to be made to a use that is permitted in a district only by an additional use permit, such change may be made only after an additional use permit has been granted pursuant to the procedure delineated by Section 405.420 of this Chapter.
7.
The number of dwelling units in a non-conforming residential structure
shall not be increased over the number of dwelling units in the structure
at the time the structure became non-conforming.
8.
Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a non-conforming use) at the time of destruction. However, the restoration of such structure and its use shall in no way increase any former non-conformity and, provided further, that restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of more than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Building Commissioner, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all the regulations of the district in which such structure is situated. When a structure is determined to be substandard by the proper administrative official of Breckenridge Hills under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed sixty percent (60%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure as provided in Chapter 400 of this Title.
9.
Notwithstanding the above Subsection (8), in any "R-4" Multi-Family Residential District which has been rehabilitated under the Internal Revenue Code "Low Income Housing Credit" law, and for which said rehabilitation has cost not less than $10,000.00 per unit rehabilitated, said unit or units located in such District may be reconstructed after damage by any means out of the control of the owner to the same density and configuration that said unit or units existed prior to said casualty, regardless of the extent of said damage. In such instance, all regulations of this Chapter shall be complied with except there does not have to be compliance with the lot area and setback requirements which are set forth in Section 405.200 of this Chapter. Said unit or units so damaged may be reconstructed with the same setback and density as existed prior to the casualty.
C.
Abandonment Of Non-Conforming Use Or Building.
[Ord. No. 1264 § 6, 8-21-2017]
1.
Any abandoned structure or land, or structure and land in combination,
which was formerly devoted to a non-conforming use shall not again
be devoted to any use other than those uses which are permitted in
the district in which the structure or land, or structure and land
in combination, is situated.
2.
The term "abandoned," as used herein, shall mean:
a.
Any positive act indicating an intent to discontinue the non-conforming
use or to leave the use or structure empty or uninhabited;
b.
Any failure to take all necessary steps to resume the non-conforming
use with reasonable dispatch under the circumstances, including advertising
of the property for sale or for lease;
c.
Discontinuance of the non-conforming use for twelve (12) consecutive
months; or
d.
In the case of land only, discontinuance of the non-conforming
use for ninety (90) consecutive days or for a total of six (6) months
during any one (1) year period.
[CC 1996 §415.050; CC 1981 §415.050; Ord. No. 379 §27.21, 7-21-1975]
A.
When
one (1) or more buildings are to be erected on a lot or tract which
is zoned in such a manner as to permit the subject development as
a use permitted by right, no building permit shall be issued for the
development, except for permitted single-family dwellings and their
associated uses, without the approval of the Planning and Zoning Commission
of the adequacy of the internal on-site and external street circulation
system; the design of the proposed landscaping and parking areas;
and conformance with the Zoning Code. For the purpose of this Section
only, "street", as defined, shall also include a
public or private right-of-way or ways, including driveways, which
provide vehicular access to abutting buildings, structures and other
improvements within or through a single lot or tract.
B.
Three
(3) copies of a development plan reflecting the nature of the proposed
development shall be submitted to the Planning and Zoning Commission
along with such data and information which may be prescribed by that
Commission so as to assure the fullest practicable presentation of
facts for analysis and for the permanent record. Said information
shall include, but not be limited to, the following:
1.
Site plans showing proposed uses and structures.
2.
Existing and proposed contours at intervals of two (2) feet or less
referred to sea level datum.
3.
Location of all isolated trees having a diameter of six (6) inches
or more and all tree masses.
4.
Proposed ingress and egress to the site, including on-site parking
areas and adjacent streets.
5.
Proposed landscaping, including type and size of planting and fencing.
6.
Two (2) section profiles through the site showing building form and
mass.
C.
Upon
approval of the submitted or revised development plan by the Commission,
application for building permits and certificates of occupancy may
take place at the office of the Building Commissioner.
D.
No
building permits, facilities, establishments or service concerns may
occupy or use any portion of the subject tract until the required
improvements are constructed or a performance bond or escrow posted
covering improvement construction as determined by the Commission.
If the development is to occur in sections, all improvements necessary
to the proper operation and functioning of the section, even though
same may be located outside the section, must be constructed and installed
or a performance bond or escrow posted covering the estimated cost
of improvements as determined by the Commission.
E.
When
a single-family detached residential dwelling and/or an accessory
building to a single-family dwelling is to be constructed, converted,
reconstructed or structurally altered, no building permit shall be
issued for the development without the approval of the Building Commissioner
as to the conformance of said modification to all pertinent Chapters
of this Title. Approval of the Planning and Zoning Commission is not
required for these uses.
[CC 1996 §415.060; CC 1981 §415.060; Ord. No. 379 §27.22, 7-21-1975]
A.
It
is hereby declared that certain land uses and developments present
unique problems with respect to their proper location and relationships
to other land uses. Therefore, analysis and judgment of the consequences
of each development and use is necessary to preserve and to promote
the public health, safety and general welfare. The procedure that
follows is promulgated to govern the establishment of such developments
and uses.
B.
All Application Initiated By Petition.
1.
Applications and preliminary development plans for additional use
permits, planned development permits and/or a zoning change necessary
to permit a certain development shall be submitted to the City Council
along with such data and information which may be prescribed by the
City Council so as to assure the fullest practicable presentation
of facts for analysis and for the permanent record. Said information
shall include, but not be limited to, the following:
a.
Three (3) copies of a site plan showing proposed uses and structures.
b.
Existing and proposed contours at intervals of two (2) feet or less
referred to sea level datum.
c.
Location of all isolated trees having a diameter of six (6) inches
or more and all tree masses.
d.
Two (2) section profiles through the site showing the preliminary
building and form.
e.
Proposed ingress and egress to the site, including on-site parking
areas and adjacent streets.
f.
Proposed landscaping including type and size of planting and fencing.
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Said application shall be submitted in triplicate and upon forms
furnished by the office of the Building Commissioner.
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2.
Each application shall be verified by at least one (1) of the owners
or authorized representatives of the owners of the subject property
attesting to the truth and correctness of all facts and information
presented with application.
3.
Upon receipt by the City Council, said application shall be referred
to the Planning and Zoning Commission for analysis and recommendation.
a.
The Planning and Zoning Commission shall proceed to investigate and
report to the City Council as to whether such development is consistent
with good planning practice; can be operated in a manner that is not
detrimental to the permitted developments and uses in the district;
can be developed and operated in a manner that is visually compatible
with the permitted uses in the surrounding area; and is deemed essential
or desirable to preserve and promote the public health, safety and
general welfare of Breckenridge Hills. Said report, recommendation
and possible conditions of approval, if applicable, shall be filed
with the City Council within sixty (60) days from the date of receipt
of the application by the Planning and Zoning Commission.
4.
Upon receipt of the Planning and Zoning Commission report by the
City Council, a public hearing shall be held by the City Council relative
to the matter. Said hearing shall be held within forty-five (45) days
from the date the Planning and Zoning Commission report is received
and filed with the City Council.
5.
Hearing date — notice — posting of signs.
a.
The City Council shall cause a notice of public hearing to be given
as follows: Publication in an official paper or newspaper of general
publication in the City of Breckenridge Hills. However, if no newspaper
be printed or published in the City, then said notice shall be published
in some daily, tri-weekly, semi-weekly or weekly newspaper of general
circulation in the City. Publication shall commence not more than
thirty (30) days nor less than fifteen (15) days before the hearing
date.
b.
The City Council shall cause a sign of not less than twenty (20)
inches by twenty-six (26) inches to be placed on each parcel of land
on which an application for an additional use permit, a planned development
permit and/or a zoning change has been filed. Said sign or signs shall
be placed on such land at least fifteen (15) days prior to the public
hearing to be held by the City Council and shall be posted in a conspicuous
place upon said land so as to be clearly visible to the traveled portion
of abutting streets. Said sign or signs shall bear thereon in letters
not less than two and one-half (2½) inches in height and not
less than three-eighths (⅜) inches in width, the following:
"PUBLIC HEARING"; and in letters not less than three-quarters (¾)
inch in height and not less than one-fifth (1/5) inch in width, the
following: "Additional Use Permit, Planned Development Permit and/or
Zoning Change"; and in letters not less than one-half (½) inch
in height and not less than one-tenth (1/10) inch in width, the following:
"Application for Additional Use Permit, Planned Development Permit
and/or Zoning Change Filed with the City Council". Public hearing
will be held (insert date and time) in (insert place).
6.
Within sixty (60) days from the date of the public hearing, the City
Council may approve or deny the subject request. Approval shall be
granted if the Council finds that the proposed development is consistent
with good general planning practice; is consistent with good site
planning; can be operated in a manner that is not detrimental to the
permitted developments and uses in the existing or proposed districts;
is visually compatible with the permitted uses in the surrounding
area; and is deemed desirable to promote the general welfare of Breckenridge
Hills. The City Council may approve or deny all or part of the proposed
development or zoning change request or, if applicable, may approve
a zoning request to, and an additional use permit or planned development
within, a district other than that requested, provided that the approval
is for a district classification of the same use type as that requested
by the petitioner.
C.
Zoning Change Request Not Accompanied By An Additional Use Permit
Or Planned Development Permit Request. Processing procedures following Council approval of a zoning change which is not accompanied by a request for an additional use permit or a planned development permit are the same as those contained in Subsections (A), (B), (C) and (D) of Section 405.410 of this Chapter.
D.
Zoning Change Accompanied By An Additional Use Permit Or Planned
Development Permit Request Or A Request For An Additional Use Permit
Or Planned Development Permit Without A Zoning Change Request.
1.
In approving an additional use permit or a planned development permit,
the City Council shall impose such conditions or restrictions as it
determines necessary to satisfy the criteria established in this Subsection.
The conditions or restrictions shall include, but not be limited to,
the following:
a.
Time limitations for submission of final development plans and commencement
and completion of construction.
b.
Uses and activities permitted.
c.
Landscaping, setback, height, parking, circulation, sign, lighting
and fencing requirements which are to be shown on the final development
plan and subsequently installed, constructed or complied with.
d.
A statement that any transfer of ownership or lease of the property
shall include in the transfer or lease agreement a provision that
the purchaser or lessee agrees to be bound by the conditions of the
ordinance authorizing the approval.
e.
A statement that all site improvements shall be escrowed and that
said escrow shall not be released until said improvements are constructed
or installed.
f.
Any additional conditions imposed upon the development by the City
Council.
2.
Upon approval by the City Council of an ordinance authorizing an
additional use permit or planned development permit, the petitioner
shall submit a final development plan to the Planning and Zoning Commission
within the period of time specified in the specific ordinance authorizing
the development. Said plan shall include such information as required
in the ordinance authorizing the development and any other information
as may be required by the Commission for adequate consideration of
the plan. The plan shall comply with all applicable City ordinances.
3.
After review and approval of the final development plan by the Planning
and Zoning Commission, a copy of the final development plan shall
be recorded by the developer with the office of the St. Louis County
Recorder of Deeds. The plan shall be accompanied by the conditions
and restrictions of the ordinance authorizing the development.
4.
All conditions relating to or limiting the use, status or operation
of the development after the issuance of a building permit shall be
posted in a conspicuous public place on the premises for at least
fifteen (15) days prior to the issuance of an occupancy permit. As
long as a substantial part of the development remains in single ownership
or ownership of any part of the property is retained or held by the
developer or by trustees with duties imposed by this Chapter or by
conditions imposed under authority hereof, such person or persons
shall maintain such list of conditions in a conspicuous place and
failure to do so shall constitute a violation of this Chapter.
5.
No buildings, facilities, establishments or service concerns may
occupy or use any portion of the subject tract until the required
improvements shown on the approved final development plan are constructed
or a performance bond or escrow posted covering the estimated cost
of construction as determined by the Commission. If the development
is to occur in sections, all improvements necessary to the proper
operation and functioning of the section, even though same may be
located outside the section, must be constructed and installed or
a performance bond or escrow posted covering the estimated cost of
improvements as determined by the Commission.
6.
If substantial construction or development authorized by the additional
use permit or planned development permit does not begin within the
period of time specified in the conditions of the ordinance authorizing
the development, the City Council may, on its own motion or on a recommendation
of the Planning and Zoning Commission, rezone the property or any
portion thereof to the zoning district classification that prevailed
prior to the approval; or, if applicable, void the additional use
permit or planned development permit authorizing the development;
or both. A public hearing is not required for this rezoning and/or
voiding prior to the introduction of any bill for said rezoning and/or
voiding.
7.
The time limitations specified in the ordinance for submission of
a final development plan and for commencement and completion of construction
may be extended by the City Council for reason.
8.
After the recording of a final development plan, changes not inconsistent
with the purpose or intent of this Chapter may be approved by the
Planning and Zoning Commission. Changes affecting the purpose, intent
or concept of this Chapter or the final development plan shall require
a new application to be filed with the City Council.
E.
Upon
the grant or denial by the City Council of an application for an additional
use permit, planned development permit and/or a zoning change, no
subsequent application requesting an additional use permit, planned
development permit and/or a zoning change, with reference to the same
property or part thereof, shall be filed by any applicant, whether
the same person, firm or corporation, until expiration of twelve (12)
months after the final denial or grant. Unless otherwise stated at
the time of approval of an ordinance authorizing a development, substantial
work or construction must be commenced within one (1) year or the
approval shall automatically be void.
F.
The
City Council may, on its own motion, amend, supplement, change, modify
or repeal the district boundaries or ordinance text. Prior to such
action, a report and recommendation from the Planning and Zoning Commission
must be received by the Council.
G.
If
a protest against such amendment change or appeal shall be presented
in writing to the City Clerk prior to the holding of said hearing
duly signed and acknowledged by thirty percent (30%) of the owners
of either the area of the land (exclusive of streets, places and alleys)
included in such proposed change or within the area determined by
lines drawn parallel to and one hundred eighty-five (185) feet distant
from the district proposed to be changed, such amendment, supplement,
change, modification or repeal shall not become effective except by
a favorable vote of two-thirds (2/3) members of the City Council.
H.
Prior
to any action by the City Council relative to any modification, amendment,
supplement or change to this Chapter initiated by petition, the petitioner
for said amendment, supplement, change or modification of the boundaries
or regulations of any district shall deposit with the City Clerk the
sum of three hundred dollars ($300.00) to cover the approximate cost
of the procedure. Under no condition shall said sum or any part thereof
be refunded for failure of petitioner to obtain the relief sought
in his/her petition. No fee shall be required for any zoning change,
modification or alteration initiated by the Planning and Zoning Commission
or City Council.
[CC 1996 §415.070; CC 1981 §415.070; Ord. No. 379 §27.23, 7-21-1975; Ord.
No. 841 §1, 8-17-1992; Ord. No. 1219, 9-15-2014; Ord. No. 1318, 3-21-2021]
A.
Statement
Of Purpose. It is the intent of this Section to secure the public
welfare by promoting the orderly maintenance of property within the
City by applying the standards set forth in the City's Property Maintenance
Code and other applicable ordinances of the City of Breckenridge Hills.
B.
Permit
Required.
1.
An occupancy permit is required at any change of ownership, change
in tenancy or upon the completion of construction activity. Permits
are not transferable.
2.
A permit may be amended under the following instances:
a.
Marriage of the head of household to another adult; proof of marriage
license required.
b.
Birth of a child by a legal occupant of the household; proof of birth
certificate required.
c.
Court issued documentation granting guardianship of a child; proof
of court order required.
d.
Father and/or mother request for adult child to reside in dwelling.
e.
Head of household request for parent(s) to reside in dwelling.
f.
Any other living arrangement deemed by the Director of Building and
Zoning to meet the definition of a family as provided in the Zoning
Ordinance.
3.
Thirty-day temporary occupancy permit amendment may be granted for
emergency situations as approved by the Director of Building and Zoning.
4.
It shall be unlawful for any person, owner, corporation or agent
to occupy or permit the occupancy of any non-residential structure,
multi-family residential or single-family residential structure in
the City without first obtaining an inspection and occupancy permit.
The term "occupancy" shall include the movement of furniture, equipment
or other property into said structure. Occupancy must occur within
thirty (30) days of obtaining any inspection; if occupancy does not
occur within thirty (30) days of an inspection, the property must
be re-inspected and all first time inspection fees shall be additionally
charged.
a.
If occupancy has occurred without an inspection of such premises,
the fees for such inspection shall be increased by fifty percent (50%)
over the standard application fee.
b.
If occupancy has occurred without a permit being granted, the fees
for such permit shall be increased by fifty percent (50%) over the
standard application fee.
C.
Application;
Making False Statements Prohibited. It shall be unlawful for any person
to knowingly make any false statement on an application for an occupancy
permit.
D.
Same
Inspections; Notices; Issuance Of Permit.
1.
The Building Commissioner shall receive all applications for occupancy
permits, and shall, at his or her discretion, make or cause to be
made an inspection of the structure. Application for an occupancy
inspection shall be made by the owner or agent on forms supplied by
the City. All applicants for an occupancy inspection must be current
on their St. Louis County property taxes for the property that they
are requesting to be inspected. The occupancy permit shall be applied
for by and issued to the owner and/or landlord and/or buyer and either
tenant or designee. The applicant shall provide proof of identification
and contact information for the owner, landlord, buyer and the tenant,
and shall provide proof of identification for all proposed occupants
of the household, and photo identification for all proposed occupants
of the household aged sixteen (16) years and older. Photo identification
may be made by those instruments listed on the occupancy permit packet.
Additional forms of identification may be approved by the Director
of Building and Zoning.
2.
All fees for non-residential structures, multi-family dwellings and
single-family dwellings shall be paid at the time of application.
3.
If the Building Commissioner finds that the structure does not meet
the requirements of the Property Maintenance Code adopted by the City
or any other applicable standards adopted by ordinance, he or she
shall notify the owner or agent of such deficiencies in writing, informing
him or her that the structure may not be occupied until the deficiencies
are corrected.
4.
When the Building Commissioner finds that the structure does comply
with the Property Maintenance Code most recently adopted by the City
or other applicable standards, he or she shall issue an occupancy
permit upon complete submittal of request for permit.
E.
Occupancy
Of Non-Residential Structures.
1.
Persons requesting certificates of occupancy for non-residential
structures shall be required to submit an application for a business
license.
2.
The Building Commissioner is authorized to permit occupancy of non-residential
structures on a conditional basis, for a term not to exceed ninety
(90) days, when serious hardships interfere with completing all repairs
required to bring the property and/or structure into full compliance
with the Property Maintenance Code or the applicable building codes
prior to occupancy. Only the Director of Building and Zoning may extend
the expiration date of a conditional occupancy permit if, in his or
her opinion, the progress of repairs to date so warrant. However,
no conditional permit may be extended for more than an additional
ninety (90) days. No conditional permit shall be issued for a property
and/or structures where a condition exists which could threaten the
health or safety of the occupant(s) or the general public.
F.
Permit
Invalid; When. Any occupancy permit shall become invalid if reoccupancy
is not commenced within thirty (30) days after it is issued. The Building
Commissioner is authorized to grant an extension of this period of
up to an additional thirty (30) days when, in his or her opinion,
an extension is warranted and provided also that an application for
such extension is received within thirty (30) days of the issuance
of the original permit.
G.
Fees.
1.
Inspection fees shall be as follows:
a.
Single-family dwellings, which shall include up to two (2) inspections:
sixty dollars ($60.00) each.
b.
Multi-family dwellings, which shall include up to two (2) inspections:
sixty dollars ($60.00) each.
c.
Non-resident structures, which shall include up to two (2) inspections:
five dollars ($5.00) per one thousand (1,000) square feet; minimum
of one hundred dollars ($100.00) each.
d.
Additional residential and multi-family inspections: forty dollars
($40.00) each.
e.
Additional non-residential inspections: sixty dollars ($60.00) each.
H.
Administrative
Appeals. Any person or corporation who feels that an error has been
made in an inspection performed by the City may request a review by
the Director of Building and Zoning. There shall be no additional
cost to file said appeal. Upon determination by the Director of Building
and Zoning all further appeals shall be heard by the Board of Adjustment
pursuant to Title IV of the City of Breckenridge Hills Municipal Code.
I.
Permits
Not A Warranty. In issuing an occupancy permit, the City does not
intend to, nor does it warrant, insure or guarantee to the holder
thereof, to his or her assignee or to any other interested person,
that there are no violations of any provision of this or any other
ordinance. The City makes no warranty or representation, whatsoever,
as to the condition of any building.
J.
Fee
Collection. Such fees as required in this Section shall be collected
by the City Clerk who shall deliver same to the General Fund.
[CC 1996 §415.080; CC 1981 §415.080; Ord. No. 562 §1, 11-16-1981]
A.
COMMERCIAL VEHICLE
PICKUP CAMPER
RECREATIONAL VEHICLE
TRAILER
WATERCRAFT
Definitions. As used in this Section, the following words
shall have the definitions set out herein:
Includes any motor vehicle, truck or bus designed to carry
passengers, freight and/or merchandise. For the purpose of this Section,
said vehicle shall be a vehicle licensed by the State at a gross vehicular
weight in excess of eighteen thousand (18,000) pounds or in any case
exceeding twenty (20) feet in length.
A structure designed primarily to be mounted on a pickup
or truck chassis and with sufficient equipment to render it suitable
for use as a temporary dwelling for travel, recreational and vacation
uses.
A recreational vehicle as defined in the American National
Standards Institute (ANSI) A119.2 Standard on Recreational Vehicles.
Any vehicle without motive power designed for carrying property
or passengers on its own structure and for being drawn by a self-propelled
vehicle, except those running exclusively on tracks, including a semitrailer
or vehicle of the trailer type so designed and used in conjunction
with a self-propelled vehicle that a considerable part of its own
weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in
subdivision (8) of this Section and shall not include manufactured
homes as defined in Section 700.010, RSMo.
Any boat or craft, including a vessel, used or capable of
being used as a means of transport on waters.
B.
Parking Requirements.
1.
All vehicles shall be parked on a paved parking area or driveway.
2.
Any motor vehicle, trailer or boat may be parked and/or stored in
a private garage at any time.
3.
Any public vehicle such as a fire, Police or ambulance vehicle shall
not be governed by the requirements of this Section.
4.
No buses shall be parked on any lot zoned for residential use, excepting
church buses.
5.
Van-pool vans or other motor vehicles seating not more than fifteen
(15) passengers are allowed in residentially zoned areas so long as
all other provisions of this Section are met.
6.
With the exception of Subparagraph (1) above, the provisions of this
Section shall not apply to commercial vehicles temporarily parked
for providing a service or delivery to a residential dwelling at which
it is parked.
7.
Commercial vehicles, as defined in Subsection (A) hereof, may not be parked on any residentially zoned lot except as provided for in Subparagraph (2) of this Subsection.
8.
Not more than two (2) pieces defined as recreational equipment in Subsection (A) hereof shall be allowed on any residential lot. Such recreational equipment shall not exceed thirty-one (31) feet in length or eight (8) feet in width. Recreational equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities and at no time shall such recreational equipment be used for living or housekeeping purposes.
[Ord. No. 1078 §1, 7-19-2004]
A.
ADJACENT STREET
ALL OTHER LAWS
LICENSED DRIVER
OUTDOORS
PASSENGER VEHICLE
RESIDENTIAL PROPERTY
RESIDING ON THE PREMISES
As
used in this Section, the following words shall have the following
meanings:
Either side of any street, public or private.
All State and local laws and regulations including, but not
limited to, regulations on derelict vehicles, parking on unpaved surfaces,
parking trailers in front yards, commercial vehicles and unlicensed
vehicles.
A person with a current and valid driver's license issued
by the State of Missouri.
Not within a fully enclosed garage.
Any self-propelled vehicle used or manufactured for use in
carrying a person or persons, but excluding boats, recreational vehicles
and special vehicles for the "physically disabled" as that term is
defined in Section 301.142, RSMo., as amended.
Any single-family residential property.
A person who has made the subject property his/her official
permanent place of residency.
B.
At
any residential property within the City of Breckenridge Hills, there
shall not be stored outdoors on the premises of a residential property
or on the adjacent street more than the greater of:
C.
Regardless of the number of passenger vehicles permitted under Subsection (B), the storage of such vehicles must comply with all other laws of the City of Breckenridge Hills and each passenger vehicle must be registered through the State of Missouri at the residential property in questions.
D.
Any
passenger vehicle in violation of the Section may be impounded and
any person found guilty of violating any provision of this Section
may, upon conviction thereof, be fined in an amount not exceeding
five hundred dollars ($500.00) or be imprisoned in the City or County
Jail for a period of not exceeding ninety (90) days, or both such
fine and imprisonment.
[Ord. No. 960 §§I
— IX, 2-18-1997]
A.
Purposes. The purposes of this Section are to:
1.
Provide for the appropriate location and development of communications
facilities and systems to serve the citizens and businesses of the
City of Breckenridge Hills;
2.
Minimize adverse visual impacts of communications antennae and support
structures through careful design, siting, landscape screening and
innovative camouflaging techniques;
3.
Maximize the use of existing and new support structures so as to
minimize the need to construct new or additional facilities;
4.
Maximize and encourage the use of disguised antenna support structures
so as to ensure the architectural integrity of designated areas within
the City and the scenic quality of protected natural habitats.
B.
ANTENNA
CABINET
DIRECTOR
DISGUISED SUPPORT STRUCTURE
FAA
FCC
HEIGHT
SHELTER
TOWER
Definitions. As used in this Section, the following terms
shall have the meanings and usages indicated:
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
antennae less than six (6) feet in diameter and any receive-only home
television antennae.
A structure for the protection and security of communications
equipment associated with one (1) or more antennae where direct access
to equipment is provided from the exterior and the horizontal dimensions
of which do not exceed four (4) feet by six (6) feet.
The Director of Public Works of the City of Breckenridge
Hills or his/her designee.
Any freestanding, manmade structure designed for the support
of communications antennas, the presence of which is camouflaged or
concealed as an architectural or natural feature. Such structures
may include, but are not limited to, clock towers, campaniles, observation
towers, pylon signs, water towers, light standards, flagpoles and
artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of the structure
at ground level to its highest point and including the main structure
and all attachments thereto.
A building for the protection and security of communications
equipment associated with one (1) or more antennae 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 structure designed for the support of one (1) or more antennae
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 under fifty (50) feet in height
owned and operated by an amateur radio operator licensed by the FCC.
C.
General Requirements. The requirements set forth in this
Section shall be applicable to all antennae support structures installed,
built or modified after the effective date of this Section and to
the full extent permitted by law.
1.
Principal or incidental use. Due to the size and
geographic nature (high density residential neighborhoods bordered
by commercial zones) of Breckenridge Hills, antennae and support structures
may be either a principal or incidental use only in non-residential
zoning districts, subject to any applicable district requirement relating
to location or setback.
2.
Building codes and safety standards. 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 and the applicable
standards published by the Electronics Industries Association, as
amended from time to time.
3.
Regulatory compliance. All antennae 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 antennae and support structures. Should
such standards or regulations be amended, then the owner shall bring
such devices and structure into compliance with the revised standards
or regulations within the time period mandated by the controlling
agency.
4.
Security. All antennae and support structures shall
be protected from unauthorized access by appropriate security devices.
A description of proposed security measures shall be provided as part
of any application to install, build or modify antennae 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 Director or by the Planning and Zoning Commission
in the case of a conditional use permit.
5.
Lighting. Antennae 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 antennae or support structure.
6.
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.
Design.
a.
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.
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.
Towers shall not exceed the height limitation of any airport overlay
zone as may be adopted by the City.
d.
Antennae 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.
e.
All towers shall be surrounded by a landscape strip of not less than
ten (10) feet in width and planted with materials which will provide
a visual barrier to a minimum height of six (6) feet. Said landscape
strip shall be exterior to any security fencing. In lieu of the required
landscape strip, a minimum six (6) foot high decorative fence or wall
may be approved by the Director in the case of a building or administrative
permit or by the City Council in the case of a conditional use permit
upon demonstration by the applicant that an equivalent degree of visual
screening is achieved.
f.
All towers shall be separated from any off-site single or multi-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.
g.
Ground anchors of all guyed towers shall be located on the same parcel
as the tower and meet the setbacks of the applicable zoning district.
h.
Vehicle or outdoor storage on any tower site is prohibited.
i.
On-site parking for periodic maintenance and service shall be provided
at all antenna or tower locations.
8.
Shared use.
a.
Prior to the issuance of any permit to alter or modify any tower
existing on the effective date of this Section, the owner shall provide
to the City a written and notarized statement agreeing to make said
tower available for use by others subject to reasonable technical
limitations and reasonable financial terms. The willful and knowing
failure of a tower owner to agree to shared use or 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 antennae
or towers within the City.
b.
Prior to the issuance of any permit to install, build or modify any
tower the tower owner shall furnish the Director an inventory of all
of that owner's towers in or within one-half (½) mile of the
City limits of Breckenridge Hills. The inventory shall include the
tower's reference name or 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.
c.
Any new tower approved at a height of one hundred (100) feet AGL
or higher shall be designed and constructed to accommodate at least
one (1) additional user unless a larger number is indicated by the
Telecommunications Master Plan Map or the response to the notification
provisions herein. 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 antennae or towers within the
City.
d.
Any new tower approved within a communication tower multi-use interest
area as designated by the Telecommunications Master Plan Map shall
be designed and constructed to accommodate the number of users indicated
by the plan. 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 antennae or towers within the City.
e.
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 antennae shall
be delivered by certified mail to all known potential tower users
as identified by a schedule maintained by the Department of Planning.
Proof of such delivery shall be submitted with the application to
the City. The Director shall make available for any user of towers
or prospective user to be placed on the list to receive notification
of applications. The Director 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 and the applicant that the party receiving
notice be permitted to share the proposed tower. The failure of the
receiving party to respond to any such notice shall be considered
in reviewing any subsequent requests for new towers or structures
proposed by the notified party.
f.
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 Director in writing. The Director 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 Director responding to the alleged violation of the shared
use requirement. If deemed necessary by the Director, 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 Director 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 Director 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.
D.
Permitted Use. Upon receipt of the appropriate building
permit, the following are allowed:
1.
The attachment of additional or replacement of antennae 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.
The mounting of antennae on any existing building or structure such
as a water tower, provided that the presence of the antennas is concealed
by architectural elements or camouflaged by painting a color identical
to the surface to which they are attached.
3.
The mounting of antennae on or within ten (10) feet above any existing
high-voltage electric transmission tower.
4.
The installation of antennae or the construction of a tower on buildings
or land owned by the City following the approval of a lease agreement
by the City Council.
E.
Administrative Permit Required. Prior to the issuance of
a building permit, an administrative permit approved by the Director
shall be obtained for the following:
1.
The attachment of additional or replacement antennae 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.
The one-time replacement of any tower existing on the effective date
of this Section or subsequently approved in accordance with these
regulations so long as the purpose of the replacement is to accommodate
shared use of the site or to eliminate a safety hazard. The new tower
shall be of the same type as the original except that a guyed or self-supporting
(lattice) tower may be replaced by a monopole. If the guyed or lattice
tower to be replaced is one hundred eighty (180) feet or less in height,
it shall only be replaced with a monopole. The height of the new tower
may exceed that of the original by not more than twenty (20) feet.
Subsequent replacements shall require the approval of a conditional
use permit.
3.
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.
4.
The installation of antennae or the construction of a tower or disguised
support structure on buildings or land owned by the State of Missouri,
any agency of the Federal Government or a local government agency,
board or authority.
5.
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.
6.
Application procedures. Applications for administrative
permits shall be made on the appropriate forms to the Director and
accompanied by payment of the established fee.
a.
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, walkways, 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.
b.
The application shall be reviewed by the Department of Public Works
to determine compliance with the above standards and transmit the
application for review and comment by other departments and public
agencies as may be affected by the proposed facility.
c.
The Director shall issue a decision on the permit within thirty (30)
days of the date of application or the application shall be deemed
approved unless the time period for review and action was extended.
The Director may deny the application or approve the application as
submitted or with such modifications as 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 Director
may consider 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.
7.
Appeals. Appeals from the decision of the Director
shall be made in the same manner as provided for the appeal of administrative
decisions.
F.
Conditional Use Permit Required. All proposals to install, build or modify an antenna or support structure not covered under Subsections (D) or (E) above shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission.
1.
Applications for conditional use permits shall be filed and processed
in the manner and time frame established in the Zoning Code.
2.
Findings required. In addition to any other determinations
specified for the consideration of conditional use permits, the Planning
and Zoning Commission shall make findings as to the following based
upon evidence submitted with the application or presented during the
public hearing by the applicant or others. A decision by the Commission
to deny an application shall be accompanied by substantial evidence
which shall be made a part of the written record of the meeting at
which a final decision on the application is rendered.
a.
Whether or not the proposed tower is located within a communications
tower multi-use interest area as designated by the Telecommunications
Master Plan Map.
b.
Whether or not existing towers are located within the geographic
area necessary to meet the applicant's engineering requirements.
c.
Whether or not existing towers, structures or buildings within the
applicant's required geographic area are of sufficient height to meet
system engineering requirements.
d.
Whether or not existing towers or structures have sufficient structural
strength to support the applicant's proposed antennae.
e.
Whether or not the proposed antennae would experience or cause signal
interference with antennae on existing towers or structures.
f.
Whether or not the fees, costs or other contractual terms required
by the owner(s) of existing tower(s), structure(s) or building(s)
within the required geographic area of the applicant or to retrofit
the existing tower(s) or structures(s) are reasonable. Costs exceeding
that of a new tower are presumed to be unreasonable.
g.
Whether or not there are other limiting conditions that render existing
towers, structures or buildings within the applicant's required geographic
area unsuitable.
h.
Whether or not the design of the tower or structure, including the
antennae, shelter and ground layout maximally reduces visual degradation
and otherwise complies with provisions of this Section.
i.
Whether or not the proposal minimizes the number and size of towers
or structures that will be required in the area.
j.
Whether or not the applicant has previously failed to take advantage
of available shared use opportunities provided by this Section or
otherwise.
k.
Whether or not the parcel for the proposed tower or structure is
zoned non-residential.
3.
Additional limitations.
a.
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.
b.
If the City has by order agreed to participate in a multi-municipality
commission to coordinate new tower or structure applications, an application
made pursuant to this Section shall also be submitted to such commission
simultaneous with the filing of the request with the City. The Planning
and Zoning Commission may consider any comments from such commission
but shall not allow a delay in receiving such comments to significantly
delay a decision on the conditional use permit.
G.
Obsolete Tower Structures. Any tower or upper portion of
a tower which is not occupied by active antennae for a period of twelve
(12) months shall be removed at the owner's expense. Removal of upper
portions of a tower manufactured as a single object shall not be required.
H.
Commercial Operation Of Unlawful Tower Or Antennae. Not
withstanding 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 belonging to a governmental entity.
I.
Severability. If any Section, Subsection, sentence, clause,
phrase or portion of this Section is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
hereof.
