[Ord. No. 06-04-01 §602, 4-25-2006]
A.
Purpose And Intent. The purpose of the cluster subdivision
development is to allow a procedure for development which will promote
more economic subdivision layout, which will preserve open space and
provide for recreational areas and which will encourage creative design
of living environments. To achieve this purpose, modification of minimum
lot area and lot width shall be permitted.
C.
Zero Side Yard. The side yard setback may be zero (0) on
one (1) side of the lot provided that:
1.
The wall located at the zero (0) side yard setback is constructed
with easily maintained, solid material without windows.
2.
No portion of the dwelling or architectural features project over
any property lines; and
3.
The zero (0) side yard is not adjacent to a public or private street
or alley right-of-way.
E.
Usable Open Space Requirements.
1.
In each cluster subdivision development, the lot size may be reduced from the minimum size required in the zoning district to the minimum size permitted in Subsection (B). All lot reductions shall be compensated for by setting aside an equivalent amount of land for usable open space or common area.
2.
The provisions of this Section may be used only if the usable open
space set aside in a subdivision is at least one (1) acre.
3.
Open space or common areas within a cluster development may be offered
for dedication to the public at the time of application. The Board
of Aldermen may accept such dedication upon finding that the location,
size, type of space or cost of development or maintenance of such
open space would make public use desirable.
4.
The development and maintenance of cluster development open space
not dedicated to the public shall be provided through legal arrangements
satisfactory to the Board of Aldermen. Covenants or other legal arrangements
shall specify open space ownership; method of maintenance; responsibility
for maintenance; taxes and insurance; homeowners' association, compulsory
membership and assessment; guarantees that any homeowners' association
or other association formed to own and maintain the open space will
not be dissolved without the review of the Planning and Zoning Commission
and consent of the Board of Aldermen.
F.
Cluster Development Approval.
1.
All modifications to lot sizes and lot widths must be shown on the
cluster development preliminary subdivision plat.
2.
A cluster development shall be approved only if evidence is provided
which establishes that:
a.
The development will be in harmony with the purposes, goals and policies
of the Fair Grove Comprehensive Plan.
b.
The development will not have an adverse effect upon adjacent property,
the character of the neighborhood, traffic conditions, utilities or
the public health, safety and welfare.
c.
Cluster open space intended for recreation or public use is easily
accessible to pedestrians, including the accessibility for the disabled
and elderly.
d.
The development will not result in the loss or destruction of any
scenic, natural or historic feature of significant importance.
[Ord. No. 06-04-01 §603, 4-25-2006]
A.
Purpose. This Section provides for the regulation of accessory
uses and structures and lists those common accessory uses and structures
that are specifically permitted.
B.
Definition. In accordance with Article II, Definitions, an "accessory use or structure":
1.
Is subordinate to and serves a principal use or structure;
2.
Is subordinate in area, extent or purpose to the principal use or
structure;
3.
Contributes to the comfort, convenience or necessity of occupants
of the principal use or structure;
4.
Is located on the same lot as the principal use or structure served
and shall include all structures or uses whether or not they are permanently
affixed to the ground by foundation or otherwise; and
5.
Is not injurious, noxious or offensive to surrounding properties
and uses.
C.
Permitted Accessory Uses And Structures. Any use or structure that complies with the definition in Subsection (B) may be allowed as an accessory use or structure.
1.
Accessory uses and structures include, but are not limited to, the
following list of examples:
a.
Structures for parking incidental to a permitted use, not to exceed
twenty-five percent (25%) of the square footage of the lot, provided
however that a residential use shall be permitted a garage with at
least six hundred (600) square feet.
b.
Structures for storage incidental to a permitted use, provided no
such structure that is accessory to a residential building shall exceed
twenty-five percent (25%) of the residential building's ground floor
level gross floor area.
c.
Children's playhouses.
d.
Private swimming pools and bath houses.
e.
A guest house, without kitchen facilities or rooms for guests in
an accessory building provided such facilities are used for the occasional
housing of guests of the occupants of the principal building and not
as rental units or for permanent occupancy as housekeeping units.
f.
Greenhouses.
g.
Satellite dish antennas.
h.
Barbecue pits.
i.
Storage of boats, boat trailers, camping trailers and recreational
vehicles owned and used by the property owner, provided the equipment
is not used for living, sleeping or housekeeping purposes when parked
or stored.
j.
Restaurants, drugstores, gift shops, cocktail lounges, news stands
and other similar uses located in a permitted motel, hotel or office
building.
k.
Employee restaurants and cafeterias when located in a permitted business
or manufacturing building.
l.
Central laundry and washroom facilities, clubhouse, manufactured
home park office and maintenance buildings when located in a manufactured
home park.
m.
A day care center located in a permitted business or manufacturing
building providing day care for children of persons employed on the
premises.
n.
A day care center, hourly care center or preschool located on the
same lot as a church or school.
o.
Keeping of six (6) or less chicken hens.
[Ord. No. 115 §5, 11-10-2015]
(1)
Maximum number of chicken hens permitted shall
be six (6) per lot of land regardless of how many dwelling units are
on the lot.
(2)
A signed disclosure between any chicken hen owner
and all contiguous adjoining property owners shall be provided. The
chicken owner must have the disclosure from the majority of the adjoining
property owners.
(a)
If any chicken owner does not own the property,
a signed disclosure must be provided by the property owner.
(3)
Only female chickens shall be permitted. Male (rooster)
chickens of any kind shall not be permitted.
(4)
It shall be unlawful to engage in chicken breeding
or fertilizer production for commercial purposes.
(5)
Slaughter may occur for personal use, provided
that it is conducted in a sanitary manner, does not generate noise
that creates a nuisance, and is not visible from adjacent properties
or any public area or right-of-way.
(6)
Chickens shall be kept in a secured enclosure or
fenced area at all times. Chickens shall be secured within a henhouse
or chicken tractor during non-daylight hours. No at-large, free-roaming
chickens shall be allowed at any time.
(7)
Enclosures shall be kept in a clean, dry, odor-free,
neat, and sanitary condition at all times.
(8)
Henhouses, chicken tractors and chicken pens shall
provide adequate ventilation, adequate sun and shade, and shall be
resistant to rodents, wild birds, and predators; including but not
limited to dogs and cats.
(9)
Henhouses and chicken tractors shall be designed
to provide safe and healthy living conditions for the chickens while
minimizing adverse impacts to other residents in the neighborhood.
(a)
The henhouse or chicken tractor shall be enclosed
on all sides and shall have a roof and doors. Access doors shall be
able to be shut and locked at night. Openings, windows, and vents
shall be covered with predator- and bird-proof wire with less than
one-inch openings.
(b)
Henhouses, chicken tractors and chicken pens shall
only be located in the defined rear yard of the property as required
by zoning codes.
(c)
Henhouses, chicken tractors, and chicken pens shall
meet zoning setback requirements for accessory structures and be located
at least twenty-five (25) feet from any adjacent residential dwelling,
church, school or place of business.
(d)
An area of at least four (4) square feet [two (2)
feet by two (2) feet] per chicken hen and a chicken run of at least
one hundred (100) square feet [ten (10) feet by ten (10) feet] is
required.
(10)
Any enclosed chicken pen shall consist of sturdy
wire or wooden fencing.
(11)
At no time shall free-range, at-large chicken
hens be permitted. Chickens shall at all times be in an enclosure
or fenced area. Chickens shall be secured in a henhouse or chicken
tractor during non-daylight hours.
(12)
Odors from chickens, chicken manure or other chicken-related
substances shall not be detectable at the property boundaries.
(13)
All uses shall operate in accordance with the
noise standards contained in the Fair Grove Municipal Code.
(14)
The chicken owner shall take necessary action
to reduce the attraction of predators and rodents and the potential
infestation of insects and parasites.
(15)
A chicken owner found to have chickens infested
with insects and/or parasites that may result in unhealthy conditions
to human habitation may be asked to remove such chickens and/or be
subject to a citation of ordinance violation. Enforcement may be complaint
based.
(16)
The chicken owner shall provide chickens with
access to feed and clean water at all times. The storage of feed shall
be inaccessible to rodents, wild birds, and predators.
(17)
The chicken owner must provide for the storage
and removal of chicken manure. All stored manure shall be covered
by a fully enclosed structure or container with a roof or lid over
the entire structure. No more than three (3) cubic feet of manure
shall be stored. All other manure not used for composting or fertilizing
shall be removed from the property.
(18)
Any violation of this Subsection that constitutes
a health hazard or that interferes with the use or enjoyment of neighboring
property is a nuisance and may be abated under the general nuisance
abatement provisions of the City.
(19)
No dog or cat which kills a chicken shall, for
that reason alone, be considered a dangerous, vicious or aggressive
animal.
(20)
It shall be unlawful for any person to keep chicken
hens in violation of any provision of this Article.
(21)
It shall be unlawful for any owner, renter, or
leaseholder of property to permit chicken hens to be kept on the property
in violation of the provisions of this Article.
(22)
All other applicable City codes shall apply.
p.
Keeping of honey bees (apiary).
[Ord. No. 115 §5, 11-10-2015]
(1)
A signed disclosure between the bee owner (apiarist)
and all contiguous adjoining property owners shall be provided. The
apiarist must have disclosure from the majority of the contiguous
adjoining property owners.
(a)
If the apiarist does not own the property, a signed
disclosure must also be provided by the property owner.
(2)
No more than one (1) hive is allowed in a minimum
seven thousand (7,000) square feet, with a maximum of three (3) hives
per lot.
(3)
Hives shall be located at least seventy-five (75)
feet from any residential dwelling, church, school, place of business,
public street, sidewalk, or public way.
(4)
Hives shall only be located in the rear yard. Hives
shall be located at least eight (8) feet from all property lines.
(5)
Hives shall be located within a fenced enclosure.
Said fence shall be at least forty-two (42) inches high.
2.
None of the following shall be permitted as an accessory use:
a.
Outdoor storage or overnight parking in a residence district of a
commercial truck, van, bus or other vehicle with a gross volume weight
of more than one (1) ton. Church and school buses are permitted provided
they are parked on church or school property.
b.
Outdoor storage, except as specifically permitted by the zoning district
regulations.
c.
Modular homes, manufactured or mobile homes or house trailers used
as storage, workshops or accessory buildings. The conversion of such
dwelling units or vehicles to a purpose other than for which it is
manufactured is prohibited.
d.
Living quarters in any zoning district other than a residential district
unless specifically permitted.
D.
Use Limitations. All accessory uses and structures shall
comply with the limitations applicable in the zoning district in which
they are located. No accessory structure shall be constructed and
occupied on any lot prior to the time of the completion of construction
of the principal structure to which it is accessory.
E.
Bulk And Setback Regulations. All accessory structures and
uses shall comply with the bulk and setback regulations applicable
in the zoning district in which they are located and provided that
no accessory use or structure shall be permitted in any required front
yard.
[Ord. No. 06-04-01 §604, 4-25-2006]
A.
Purpose. This Section provides for the regulation of land
uses or structures which are in place or needed for only a short period
of time.
B.
General Provisions.
1.
No temporary use or portion of a temporary display or structure shall
be located on publicly owned property or right-of-way unless approval
has been granted by the City.
2.
Unless otherwise specified in the following Subsections, any temporary
use authorized in this Section shall not require that a temporary
use permit be obtained from the City.
C.
Temporary Uses Permitted In Every District. The following
temporary uses of land are permitted in every zoning district subject
to the specific regulations and time limits which follow and to the
other applicable regulations of the district in which the use is permitted:
1.
Contractor's office and equipment sheds (containing no sleeping or
cooking accommodations) accessory to a construction project and to
continue only for the duration of the project.
2.
Real estate offices (containing no sleeping or cooking accommodations
unless located in a model dwelling unit) incidental to a new housing
development to continue only until the sale or lease of all dwelling
units in the development.
3.
Fund raising activities and events, such as craft sales, bazaars
and Christmas tree sales, for non-profit organizations such as churches,
libraries and schools in the districts where the non-profit organization
use is permitted, provided that no more than six (6) such events per
calendar year shall be permitted and each event shall not exceed a
period of (five) consecutive days. Christmas tree sales shall be permitted
for a period not to exceed thirty (30) consecutive days.
4.
Garage or yard sales, provided that no more than three (3) sales
per calendar year shall be permitted and each garage or yard sale
shall not exceed a period of three (3) consecutive days.
5.
Temporary wireless facilities towers for special events provided
the temporary tower does not exceed sixty (60) feet in height and
a permit shall not be issued for a period of time exceeding two (2)
days preceding and following the special event. Temporary towers may
also be located on the same site as an approved permanent tower during
the period that the permanent tower is being constructed. A temporary
use permit shall be obtained from the City.
D.
Temporary Uses Permitted In The "C-1", "C-2" And "M-1" Districts. The following temporary uses of land or structures are permitted
in the "C-1", "C-2" and "M-1" Districts, subject to the limitations
in this Subsection and the other applicable regulations in the district
or districts in which the temporary use is permitted:
1.
Christmas tree sales for a period not to exceed thirty-five (35)
days. Display of Christmas trees need not comply with the yard and
setback requirements of this Chapter provided that no tree shall be
displayed within thirty (30) feet of the intersection of the curb
line of any two (2) streets or any sight triangle required in this
Chapter.
2.
Retail business may display merchandise that is for sale within a
building in the area immediately adjacent to the building subject
to the following conditions:
a.
No food or drink may be displayed outside the building except in
accordance with the standards of the Greene County Department of Public
Health and approval of the City.
b.
These provisions shall in no way be deemed to authorize the outdoor
display or the sale of used furniture, appliances, plumbing, housewares,
automobiles or other vehicles, trailers and equipment rental or other
second-hand merchandise in those districts which do not otherwise
permit such uses.
3.
Temporary promotional activities sponsored by retail merchants may
be conducted outside of enclosed buildings for a period of not more
than two (2) consecutive weeks in any three (3) month period. Any
temporary promotional use shall be subject to the following conditions:
a.
The merchant sponsoring the temporary promotional use shall obtain
a temporary use permit from the City. No permit for a temporary promotional
use shall be granted where the promotional activities, lighting, noise
or increased traffic associated with the temporary use will unreasonably
disturb adjacent residential properties.
b.
Temporary promotional uses shall not occupy more than ten percent
(10%) of any paved parking area.
c.
No more than two (2) temporary promotional uses on the same property
shall be conducted during any six (6) month period.
4.
Temporary outdoor seasonal sale of garden plants, fruits and vegetables
and incidental supplies. Such uses shall not exceed a period of six
(6) months in one (1) calendar year, including time to erect and dismantle
any temporary greenhouse or stand.
E.
Temporary Vendors.
1.
Location restricted. Temporary vendors are permitted
only in the "C-1", "C-2", "M-1" and "M-2" Districts and are required
to conform to all applicable regulations of the district, including
allowed temporary uses.
2.
Temporary vendor permits. A temporary vendor is
required to obtain a permit from the City for each temporary vendor
site. The application for a temporary vendor permit shall include
the following information:
a.
Address or other property description of the site.
b.
Plot plan showing the proposed location of the temporary vendor site
on the lot or tract. The plot plan shall show required setbacks, indicating
that the temporary vendor does not encroach into the required setbacks
or sight triangles.
c.
Description of use or activity to be conducted by the temporary vendor
on the site.
d.
Written verification from the property owner indicating the temporary
vendor is authorized to use the site for the stated purpose.
e.
If applicable, the following information is required to erect a temporary
structure on an existing parking lot (excluding vehicles or trailers
on wheels with a license to operate on roadways):
(1)
Written permission from the property owner to authorize erection
of a temporary structure on the site.
(2)
The plot plan shall show the location of the temporary structure,
indicating the temporary structure does not encroach upon required
setbacks.
(3)
Written verification the temporary structure conforms to the
requirements of the City's Building Code.
3.
Limitations.
a.
A temporary vendor shall be limited to six (6) months occupation
on the same property within a calendar year, including time taken
to erect and remove all necessary temporary structures.
b.
No more than two (2) permits for a temporary vendor use on the same
property shall be issued by the City during any six (6) month period.
4.
Licenses required. A temporary vendor shall not
occupy a temporary vendor site or sell merchandise within the City
without first obtaining a business license from the City. A business
license may be issued to a temporary vendor for a specific vendor
site for the period of time approval has been granted for the vendor
site. A copy of this license must be on display, in full view of the
public, on the approved site. No property owner shall allow any temporary
vendor to occupy any part of his/her premises without a permit being
issued by the City for the actual location of the temporary vendor
business and a City business license being issued and in effect for
the temporary vendor.
[Ord. No. 06-04-01 §605, 4-25-2006]
A.
The
following structures are not subject to the height limitations in
this Chapter:
1.
When they are an integral part of a building: elevator machinery,
stairways, tanks, ventilating fans or similar equipment required to
operate and maintain the buildings and fire or parapet walls, skylights,
towers (excluding radio, television and telecommunications towers),
steeples, flagpoles, silos, chimneys and smokestacks. No space above
the height limit shall be used to provide additional floor space for
the use being conducted on the premises.
2.
When they are a separate structure: water standpipes, water ground
storage tanks or similar structures.
[Ord. No. 06-04-01 §606, 4-25-2006]
A.
Front Yard Regulations. All property shall have a front yard of not less than prescribed in Article V, Zoning District Regulations, except that the following provisions shall apply:
1.
Where the front yard setback of existing buildings on platted lots
of record fronting the same street is less than the required front
yard specified in this Chapter, any building or structure hereafter
erected or structurally altered or enlarged shall conform to the following:
a.
On interior lots, where the frontage is located between two (2) intersecting
streets, the front yard setback line shall be at least the average
setback of the two (2) adjacent developed lots fronting the same street.
b.
On interior lots, where the frontage is located between two (2) intersecting
streets and only one (1) adjacent lot is developed, the setback line
shall be at least the average between the setback of the existing
building and the minimum required front yard setback on the vacant
lot.
c.
On corner lots, where the frontage is located at the intersection
of two (2) streets and the zoning district requires a setback, the
front yard setback line shall be the average of the adjacent existing
building setback and the required minimum setback fronting the same
street. However, no structure shall be located in an area formed by
a triangle measured twenty-five (25) feet along the right-of-way lines
from the intersection of adjacent street right-of-way lines.
2.
Where property on one (1) side of the street between two (2) intersecting
streets is located in a non-residential district adjacent to a residential
district, the front yard setback required in the residential district
shall also apply to the non-residential district. This requirement
shall apply only to the first one hundred (100) linear feet of frontage
zoned non-residential. No parking shall be permitted within the required
front yard setback.
3.
On cul-de-sacs, the front yard setback line shall be located on the
lot so that it is parallel to a line drawn tangent to the cul-de-sac
right-of-way line at the center of the lot frontage. The front yard
setback line shall be located at a distance from the cul-de-sac right-of-way
line where the length of the front yard setback line is equal to the
minimum lot width required in the zoning district and the resulting
front yard setback is at least equal to the minimum required in the
zoning district.
B.
Yards Open. Except as otherwise specified in this Chapter,
required yards shall be open and unobstructed to the sky.
C.
Exceptions To Yard Regulations. The following exceptions
shall be permitted to yard and area regulations:
1.
Peculiar shape of yard. Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, such regulations may be modified or determined by the Board of Adjustment, as provided in Article III.
2.
Variations from major street plan. Where the Board
of Aldermen has adopted right-of-way of greater or lesser width from
those established by the City's Major Street Plan, the right-of-way
established by the Board of Aldermen shall apply. Such right-of-way
width shall be used in determining yard requirements.
3.
Modification of lot width. Where an odd-shaped lot
has more than the required area for its particular zoning district,
the width of such lot may be computed in the most buildable portion
having minimum area requirements, provided that it complies with all
bulk and open space requirements for the zoning district.
D.
Vision Clearance Requirements.
1.
Sight triangles. Unless otherwise permitted by this Chapter, no wall, fence, other structure, hedge, tree, shrub, other vegetation or landscaping materials over two (2) feet in height shall be placed within the sight triangle formed by the intersection of two (2) public streets, as defined in Article X or within the sight triangle formed by the intersection of a public street and driveway, as defined in Article X. However, a single tree having a single trunk shall be allowed in a sight triangle provided the tree is pruned to a height of seven (7) feet above the yard grade.
2.
When front yard not required. On any lot on which
a front yard is not required by this Chapter, no wall, fence, other
structure, hedge, tree, shrub, other vegetation or landscaping materials
over two (2) feet or under seven (7) feet in height above the lowest
grade of two (2) or more intersecting streets shall be placed within
the street intersection sight triangle; the two (2) sides of which
are defined by measuring twice the pavement width of each intersecting
street, as classified in the City's major street plan, along its centerline
from the center of the intersection.
[Ord. No. 06-04-01 §607, 4-25-2006]
A.
Telecommunication Towers.
1.
Federal jurisdiction. The Federal Communications
Commission (FCC) has exclusive jurisdiction over:
2.
Purposes. The general purpose of this Section is
to regulate the placement, construction and modification of towers
and telecommunications facilities in order to protect the health,
safety and welfare of the public, while at the same time not unreasonably
interfering with the development of the competitive wireless telecommunications
marketplace in Fair Grove. More specifically, the purposes are:
a.
To protect residential areas and land uses from potential adverse
impacts of towers and telecommunications facilities;
b.
To minimize adverse visual impacts of towers and telecommunications
facilities through careful design, siting, landscaping and innovative
camouflaging techniques;
c.
To promote and encourage shared use/collocation of towers and antenna
support structures as a primary option rather than construction of
additional single-use towers;
d.
To avoid potential damage to adjacent properties caused by towers
and telecommunications facilities by ensuring such structures are
soundly and carefully designed, constructed, modified, maintained
and removed.
e.
To the greatest extent feasible, ensure that towers and telecommunications
facilities are compatible with surrounding land uses.
f.
To create a licensing process that allows the City to more efficiently
administer this Section.
3.
Applicability.
a.
All towers, antenna support structures and telecommunications facilities,
any portion of which are located within the City are subject to this
Chapter. All towers within the City at the effective date of this
Chapter or that are annexed at a later date, shall be registered with
the City Clerk within sixty (60) days from the effective date thereof
together with the height, width and location thereof and a registration
fee established by the Board of Aldermen. Failure to register an existing
tower shall raise a presumption that said tower was not a legal use
on the date of passage of this Chapter. However, this Chapter shall
not apply to tower structures used or to be used, solely for services
provided pursuant to a broadcast radio or television license issued
by the Federal Communications Commission or to towers and antennas
used for private telecommunications services when the equipment is
located on the premises of the entity using said private telecommunication
service or the towers and antennas, support structure or masts are
located on the primary business premises of a provider of communications
services if used to monitor the provider's services and the equipment
used by the broadcaster, private telecommunicator or provider is in
compliance with any Federal, State or local laws.
b.
Except as provided in this Chapter, any current legal use being made
of an existing tower or antenna support structure on the effective
date of this Chapter April 25, 2006, (herein "non-conforming structures")
shall be allowed to continue, even if in conflict with the terms of
this Chapter.
B.
ACT
ANTENNA SUPPORT STRUCTURE
APPLICANT
COMMUNICATIONS OR TELECOMMUNICATIONS
FCC
LICENSEE
PERSON
SITE
STEALTH
TELECOMMUNICATIONS FACILITIES
1.
2.
3.
TOWER
Definitions. For the purposes of this Section, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 and as may from time to time be amended.
Any building or other structure other than a tower that can
be used for location of wireless telecommunications facilities.
Any person that applies for a Tower license pursuant to this
Chapter.
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change in
the form or content of the information as sent or received, by wire,
radio, optical cable, electronic impulses or other similar means.
As used in this definition, "information" means knowledge
or intelligence represented by any form of writing, signs, signals,
pictures, sounds or any other symbols.
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
Any person who has lawfully obtained a Tower license pursuant to Subsection (E).
Any natural person, firm, partnership, association, corporation,
company or other legal entity, private or public, whether for profit
or not-for-profit.
The actual location of a tower and may be only part of a
larger parcel or premise.
Any towers or telecommunications facilities that are designed
to blend into the surrounding environment.
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the wireless transmission
or reception of wireless telecommunications as authorized by the FCC
which a person seeks to locate or has installed upon a tower or antenna
support structure. However, the term "telecommunications facilities" shall not include:
Any satellite earth station antenna two (2) meters in diameter
or less which is located in an area zoned and used for industrial
or commercial purposes.
Any satellite earth station antenna one (1) meter or less in
diameter, regardless of zoning category.
Any satellite earth station in excess of two (2) meters in diameter
which is utilized for the reception of broadcast television, video
or radio signals and which is an ancillary use to a structure on the
premises of the holder of the broadcast license.
A self-supporting lattice, guyed or monopole structure constructed
from grade which supports wireless telecommunications facilities.
The term "tower" shall not include amateur radio
operators' equipment, as licensed by the FCC. The term "tower" does
not include: utility poles that are utilized for the support of electrical,
telephone, cable television or other similar cables and wires; are
located on public rights-of-ways or easements for that purpose; and
are a part of a system of such poles throughout the City.
C.
Permitted And Conditional Uses.
1.
Generally. The use of towers and placement of telecommunications facilities are allowed as either permitted uses or conditional uses in the zoning districts shall be as set forth herein and in Article V. Multiple locations may be approved in one (1) application process.
2.
Tower types. Wireless facilities and telecommunications
towers shall be of the following types:
|
TYPES
| ||
|---|---|---|
|
I
|
Wireless facilities and antennas mounted on buildings or other
structures, including existing towers, public buildings and structures,
school buildings and structures and churches.
| |
|
II
|
Cell towers of a stealth design that are not greater than 60
feet in height, located on the same premise or parcel as public buildings
and structures, school buildings and facilities, church buildings
and non-commercial, not-for-profit residential neighborhood facilities
and approved by ordinance.
| |
|
III
|
Cell towers of a monopole or stealth design that are less than
100 feet in height.
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IV
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Cell towers of a monopole or stealth design that are more than
100 feet in height.
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V
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Cell towers not of monopole or stealth design, 100 feet or taller
and not able to collocate additional facilities.
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In no event shall a licensee be required to allow collocation
of facilities if to do so would result in technical interference with
the delivery of licensee's service. Failure to permit collocation
or joint use on a tower which has been built in accordance with setbacks
and special conditions permitted for towers designed for collocation
may result in any enforcement action as permitted in this Chapter.
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3.
Same tower type. A tower which is modified to accommodate the collocation of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval of the City if it is demonstrated that permitting a different tower type will not exceed the height permitted in Subsection (C)(2) and will permit the collocation of more carriers than could be accomplished by the modification of the same tower type as the existing tower.
4.
Movement of tower. No towers shall be relocated
without going through the appropriate permitting and licensing procedure.
5.
Appeal process. Any applicant who is denied a tower
application or who is determined by the City to be in violation of
this Section shall have the right of a hearing before an administrative
hearing examiner appointed by the Mayor and mutually agreeable to
the applicant or tower owner. The Hearing Examiner shall set the hearing
date no later than twenty (20) days following the denial of an application
or the determination of a violation and shall consider, in addition
to a determination of whether or not a violation exists or the application
was improperly denied, the question of the technical or economic feasibility
of compliance with this Section. In the event the Hearing Examiner
finds that the tower was constructed in accordance with setback and
other provisions relating to towers designed for collocation and said
tower is not being made available for joint use or collocation as
indicated at the time of application, the Hearing Examiner shall order
utilities disconnected until such time as the tower is used jointly
for collocation as originally stated in the application. The Hearing
Examiner's final decision shall be subject to review pursuant to Chapter
536, RSMo. Any appeal under said Chapter shall be filed within thirty
days (30) from the date of the Hearing Examiner's decision. Enforcement
of the decision of the Hearing Examiner may be stayed by the posting
of a supersedes bond in an amount determined by the Hearing Examiner
to be sufficient under the facts of the case to protect the interests
of the public and any third party in the matter whose rights would
be adversely affected by such a stay as demonstrated during any hearing
on a request for said bond.
D.
Construction Standards.
1.
Setbacks.
a.
All towers shall be set back a distance equal to:
(1)
Fifty percent (50%) of the height of the tower up to one hundred
(100) feet, plus one (1) foot for each foot over one hundred (100)
feet in height; or
(2)
The distance between the tower base and guy wire anchors, whichever
is greater, with the guy wire anchors set back at least twenty-five
(25) feet from adjoining residential districts, public property or
a street or at least the rear yard setback from adjoining land in
other districts, unless the tower is designed for collocation.
(3)
In the event a tower is capable of being used for collocation
for at least two (2) additional carriers, the setbacks for structures
in the zoning district where the tower is located shall be complied
with for the tower base and any guy wire anchors.
b.
Setback requirements for towers shall be measured from the center
of the tower to the property line of the parcel on which it is located.
2.
Structural requirements. All towers must be designed
and certified by an Engineer to be structurally sound and, at minimum,
in conformance with the City's Building Code, any applicable State
and Federal laws and other standards outlined in the City Code. A
building permit must be obtained before construction may begin.
3.
Separation or buffer requirements.
a.
Towers shall be separated from the types of areas and comply with
the minimum standards established in the table set forth below unless:
(1) constructed on the same site as another tower designed for the
same purpose and (2) the height of the second tower does not exceed
the height permitted in the zoning district where the tower is to
be located:
|
DESIGNATED AREA
|
SEPARATION DISTANCE
|
|---|---|
|
Single-family or two-family residential units in a residential
district1
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300 feet. If the Tower1 is of a stealth
design or is designed for collocation of an additional carrier, then
the separation distance may be reduced to 100% of the height of the
tower.
|
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Vacant single-family or two-family residentially zoned land
which is either platted or has preliminary subdivision plat approval
which is not expired
|
300 feet. If the Tower1 is of a stealth
design or is designed for collocation of an additional carrier, then
the separation distance may be reduced to 100% of the height of the
tower.
|
|
Vacant unplatted residentially zoned land and residential units
in non-residential zoned districts1
|
200 feet or 100% of tower2, whichever
is greater.
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Existing multi-family residential units greater than two-family
units
|
100 feet or 100% height of tower, whichever is greater
|
|
Non-residentially zoned lands or non-residential uses
|
None; only setbacks apply
|
|
1 Includes modular homes and mobile
homes used for living purposes. Separation from a unit for purposes
of this table is to be measured from the edge of the building or structure
itself.
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2 Separation measured from the center
of the tower to closest building setback line.
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b.
The minimum tower separation distances above listed shall be calculated
and applied irrespective of City and County jurisdictional boundaries.
c.
Measurement of tower separation distances for the purpose of compliance
with this Section shall be measured from the center of a tower to
the closest point of a designated area as specified in the above table.
d.
Separation distances from other uses set forth in this Subsection
may be reduced for towers designed for the collocation of telecommunications
facilities of other carriers by obtaining a conditional use permit
which will require demonstrating that the separation distances will:
(1)
Have the effect of preventing service to an area of the City;
or
(2)
Constitute a barrier to entry into the market place by the applicant;
or
(3)
Will constitute a technical or economic hardship on the applicant.
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Additionally the applicant must demonstrate that the location,
shape, appearance or nature of use of the proposed tower will not
substantially detract from the aesthetics of the area nor change the
character of the neighborhood in which the tower is proposed to be
located and that landscaping techniques will be used to screen the
tower from any adjacent residential use.
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e.
Proposed towers must meet the following minimum separation requirements
from towers existing at the time a License is granted unless constructed
for the purpose of providing collocation capacity on the same site
as another tower designed for the same purpose and the height of the
second tower does not exceed the height permitted in the zoning district.
However, an exception from separation distances between towers may
be obtained from the Board of Aldermen if the applicant demonstrates
that such an exception is necessary for the engineering design of
the system the tower is to be a part of or that no other option is
available to provide coverage for the service area.
|
PROPOSED TOWERS TYPES
|
EXISTING TOWER TYPES
| |||
|---|---|---|---|---|
|
Lattice or guyed 150 feet in height or greater
|
Lattice or guyed less than 150 feet in height
|
Monopole towers 75 feet in height or greater
|
Monopole towers less than 75 feet in height
| |
|
Lattice
|
3,000 feet
|
2,500 feet
|
1,500 feet
|
750 feet
|
|
Guyed
|
3,000 feet
|
2,500 feet
|
1,500 feet
|
750 feet
|
|
Monopole 75 feet in height or greater
|
1,500 feet
|
1,500 feet
|
1,500 feet
|
750 feet
|
|
Monopole less than 75 feet in height
|
750 feet
|
750 feet
|
750 feet
|
750 feet
|
|
The separation distances shall be measured by drawing or following
a straight line between the center of the existing tower and the center
of the proposed tower.
| ||||
4.
Method of determining tower height. The height of
the tower shall be measured as follows: the vertical distance between
the highest point of the tower and the natural grade below this point.
5.
Illumination. Towers shall not be artificially lighted
except as required by the Federal Aviation Administration (FAA). At
time of construction of a tower dual mode lighting shall be requested
from the FAA in cases where there are residential uses located within
a distance from the proposed tower that is equal to three (3) times
the proposed height of the tower.
6.
Finished color and tower markings. Towers not requiring
FAA painting or marking shall have either a galvanized steel finish
or be painted an off-white, light gray, silver or white finish. No
commercial signs or advertising shall be allowed on any towers or
telecommunications facilities.
7.
Fencing and screening. Fences must be constructed
around or upon parcels containing towers, antenna support structures
or telecommunications facilities and shall be constructed in accordance
with this Article.
8.
Bufferyard and landscape. All landscaping on parcels
containing towers, antenna support structures or telecommunications
facilities shall be in accordance with the landscaping and bufferyard
requirements of this Chapter. Existing vegetation shall be maintained
to the extent possible. However, the City may require additional landscaping
if to do so would make the tower, antenna support structure or telecommunications
facility more reasonably compatible with the surrounding area. All
vegetation used in the landscaping shall be located outside any fenced
area.
9.
Security. All towers must be secured to protect
against trespass or unauthorized use of the property, tower or telecommunications
facilities.
a.
If high voltage is necessary for the operation of a tower or telecommunications
facilities and it is presented in a ground grid or in the tower, warning
signs shall be permanently attached to the exterior side of the perimeter
fence and located every twenty (20) feet. The signs shall display
in bold letters at least eight (8) inches high the following: "HIGH
VOLTAGE: DANGER".
b.
Identification tags or signs shall be posted on all communications
towers and telecommunications facilities in accordance with FCC and
OSHA requirements. The tags shall include the FCC tower registration
number, the latitude and longitude of the tower and the name, address
and telephone number of the tower owner. The identification tags shall
be posted on the perimeter fence and shall be constructed of durable
materials.
10.
Access. All parcels upon which towers are located
must provide adequate on-site parking. Traffic associated with the
facility shall not adversely affect traffic on adjacent streets.
11.
Interference with public safety radio services. In
order to ensure that the City's public safety radio services will
be free from objectionable technical interference, all applicants
requesting a permit to site a tower or telecommunications facilities
shall agree:
a.
To demonstrate compliance with good engineering practices;
b.
To provide the City a copy of all intermodulation studies submitted
to the FCC;
c.
Not to induce objectionable technical interference to the City's
public safety radio services;
d.
To comply with FCC regulations regarding susceptibility to radio
frequency interference, frequency coordination requirements, general
technical standards for power, antenna, bandwidth limitations, frequency
stability, transmitter measurements, operating requirements and any
and all other Federal statutory and regulatory requirements relating
to radio frequency interference (RFI);
e.
In the case of co-location of telecommunications facilities either
in the same location or on the same tower as the City's, to not cause
or permit to be caused by its transmissions or other activities on
the premises, objectionable technical interference of any kind whatsoever
to the broadcasting transmission, reception or electromagnetic communications
of the City;
f.
To pay for any studies requested by the City to determine if the
applicant's telecommunications facilities are causing objectionable
technical interference;
g.
Upon notification by the City, if the operations of the applicant
are causing objectionable technical interference, to immediately undertake
all steps necessary to determine the cause of and eliminate such interference
at the cost of the applicant. If said interference continues for a
period in excess of forty-eight (48) hours after notice from the City,
the City shall have the right to cause the applicant to cease operating
the equipment that is causing the objectionable technical interference
or to reduce the power sufficiently to mitigate the objectionable
technical interference until the condition causing said interference
has abated.
12.
Certifications and inspections.
a.
All towers shall be certified by a structural engineer to be structurally sound and in conformance with the requirements of the City Building Code and all other construction standards set forth by the City's Code and Federal and State law. For new towers, such certification shall be submitted with an application pursuant to Subsection (E)(4) and every ten (10) years thereafter. For an existing tower annexed into the City; such certification shall be submitted within sixty (60) days of the date of annexation and then every ten (10) years thereafter. The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is or has been jeopardized.
b.
The City and its agents shall have authority to enter onto the property
upon which a tower is located, between the inspections and certifications
required above, to inspect the tower for the purpose of determining
whether it complies with the City's Building Code and all other construction
standards provided by the City's Code and Federal and State law.
c.
The City reserves the right to conduct such inspections at any time,
upon reasonable notice to the tower owner. All expenses related to
such inspections by the City shall be borne by the tower owner.
13.
Maintenance.
a.
Licensees shall at all times employ ordinary and reasonable care
and shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures and accidents which are
likely to cause damage, injuries or nuisances to the public.
b.
Licensees shall install and maintain towers, telecommunications facilities,
wire, cables, fixtures and other equipment in compliance with the
requirements of all FCC, State and local regulations.
c.
All towers, telecommunications facilities and antenna support structures
shall at all times be kept and maintained in good condition order
and repair so that the same shall not menace or endanger the life
or property of any person.
14.
Stealth design. All licensees shall make every reasonable
effort to design and construct new towers and telecommunications facilities
to blend into the character and environment of the area in which they
are located, including the use of camouflage techniques, path array
antennas and side mounting antennas unless such use shall create a
hazard for the traveling public or it is not technically feasible
to use such design and collocate other facilities on the tower.
E.
Licensing Requirement.
1.
License required. No person may own or operate a
tower or place wireless telecommunications facilities on a tower,
without first obtaining from the City a license to do so pursuant
to this Section (herein referred to as "tower license" or "license").
This requirement applies both to new towers and to existing towers.
Unless otherwise expressly provided elsewhere in this Section, the
license required by this Section is in addition to all other applicable
provisions of the zoning district and requirements for a building
permit to construct the tower itself. A license may be denied if the
applicant is not in compliance with any other provision of the Fair
Grove Zoning Regulations regarding the use or provision of towers
and telecommunications services. The license required under this Section
shall not be in lieu of a license to conduct business in the City
of Fair Grove, Missouri. A license shall be for a term of not more
than five (5) years. A renewal must be made in compliance with this
Subsection.
2.
Applications for towers. The following applications
shall be submitted for the construction and operation of a tower:
a.
License application. Prior to the construction of
any tower, a license application and fee shall be submitted to the
City Clerk. This is an initial license application fee and an additional
fee shall be due from the applicant should the City's actual costs
of review of the application exceed the fee. The City reserves the
right to employ an outside consultant to review any application. All
tower license applications shall include the following information
and documentation:
(1)
The name, address and telephone number of the applicant. If
the applicant is not the owner of the parcel of land upon which the
tower is situated, the written consent of the owner and the name,
address, telephone number of the owner.
(2)
A statement of whether or not the applicant will be developing
the tower for its own use or for the use of others.
(a)
If for applicant's use, the following is required:
(i)
A description of the use.
(ii)
A description of the network the proposed tower
will be part of.
(iii)
A description of the technological design proposed
and description of alternatives.
(iv)
Evidence of drive-by tests or other studies relating
to the proposed tower which support location on the proposed property.
(v)
Construction date or schedule.
(3)
The legal description and address of the parcel of land upon
which the tower is to be situated.
(4)
The names, addresses and telephone numbers of all owners of
other towers or useable antenna support structures which are capable
of providing a location to construct the telecommunications facilities
that are planned to be housed or located on the tower within a three
thousand (3,000) foot radius of the proposed new tower site, including
City-owned property.
(5)
Written documentation that the applicant made diligent, but
unsuccessful efforts for permission to install or collocate the applicant's
telecommunications facilities on City-owned towers or useable antenna
support structures or made diligent, but unsuccessful efforts to install
or collocate the applicant's telecommunications facilities on towers
or useable antenna support structures owned by other persons.
(6)
Written documentation containing the following information:
(a)
Whether the applicant's telecommunications facilities are technically
capable of being installed or collocated on another person's tower
or useable antenna support structure.
(b)
If the applicant asserts that its telecommunications facilities
are economically or technically infeasible of being installed or collocated
on another person's tower or useable antenna support structure, a
written statement from the applicant setting forth the reason(s) why
such installation or collocation is technically or economically infeasible. "Technically infeasible", for the purpose of this Subsection,
means that the collocation or installation of applicant's telecommunications
facilities on another person's tower or useable antenna support structure
would not comply with sound engineering principles, would materially
degrade or unreasonably impair the tower or useable antenna support
structure's current or planned use or interfere operationally with
applicant's planned use. "Economic infeasibility", for purposes of this Section, shall mean that the cost of collocation
is not a reasonable business decision from an economic standpoint
when all factors are considered.
(c)
If the tower is designed to accommodate one (1) or more additional
carriers or capacity for the location of telecommunications facilities
other than that of the applicant and, if so, the application shall
designate the nature, quality and location of the collocation that
will be accommodated.
(d)
An affidavit submitted with written technical evidence from
a radio frequency engineer that the proposed tower or telecommunications
facilities cannot be installed or collocated on another persons' tower
or usable antenna support structure located within the search area
and must be located at the proposed site in order to avoid prohibiting
or effectively prohibiting the provision of personal wireless service
by the applicant.
(e)
Written technical evidence from a structural engineer that the
proposed structure meets the standards set forth in this Section and
the applicable requirements of the Building Code of the City.
(f)
A certification submitted with written technical evidence from
a qualified agent of the applicant that the proposed site of the tower
or telecommunications facilities does not pose a risk of explosion,
fire or other danger due to its proximity to volatile, flammable,
explosive or hazardous materials such as LP gas, propane, gasoline,
natural gas or corrosive or other dangerous chemicals.
(g)
Written technical documentation of any Federal Aviation Administration
(FAA) approvals and lighting requirements and, if applicable, documentation
of approval or denial of dual mode lighting as provided in this Section
and a statement whether an FAA "Determination of No Hazard to Aviation"
is required by 47 C.F.R. Part 17 of the tower. If such a determination
is required, no building permit for the tower shall be issued until
a copy of the determination is filed with the City.
(7)
A map of the City and the first (1st) half (½) mile of
all bordering communities showing the design of the applicant's entire
existing or proposed wireless telecommunications network. Such map
shall, at minimum, indicate the exact location of all proposed or
existing tower and antenna sites, their dimensions, specifications
and signal area coverage.
(8)
A site plan drawn to scale specifying the location of tower(s),
its planned height, guy anchors (if any), transmission building(s),
all telecommunications facilities, accessories, parking access plans,
landscaping plans (specifying size, spacing and plant material proposed),
fences and zoning designation of adjacent land.
(9)
The names of all adjacent property owners.
(10)
A bond or irrevocable letter of credit in an amount determined
by the City to ensure that, should the tower be abandoned pursuant
to this Section, removal of said tower will be guaranteed and to insure
the tower and property are maintained.
(11)
An applicant shall only be required to maintain one (1) maintenance
bond and one (1) removal bond pursuant to subparagraph (10) for all
of the applicant's towers in the City; provided however, the applicant
must maintain the initial level of such bonds if drawn upon by the
City for any reason.
(12)
Proof of general liability insurance for claims for injury or
death and property damage in an amount approved by the City, but not
less than three hundred thousand dollars ($300,000.00) per occurrence
for personal injury and three hundred thousand dollars ($300,000.00)
per occurrence for property damage with the City listed as an additional
insured.
(13)
An acknowledgment that, by signing a permit application, the
applicant agrees to indemnify and hold harmless the City consistent
with indemnification language in the application.
(14)
The tower and/or landowner shall promptly notify the City by
certified or registered mail of the sale, transfer or assignment of
any tower or telecommunications facility. Each sublease shall be conditioned
upon the sublease obtaining the necessary approvals for the subject
facility or site from the City prior to siting such facility.
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Within forty-five (45) days after a license application for
a tower location is filed with the City Clerk, the Planning and Zoning
Commission shall determine whether the applicant meets all the requirements
of this Section; and, accordingly, shall recommend approval or denial
of the application. The forty-five (45) day limit may be extended
should the City find it requires additional information or additional
study and the applicant agrees to said continuance. The application
shall be presented to the Board of Aldermen following Planning and
Zoning Commission recommendation. If the application is approved,
the City Clerk shall issue the license.
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b.
Conditional use permit application. If the zoning district in which the tower is proposed to be located requires a Conditional Use Permit, a Conditional Use Permit application shall be submitted to the City in accordance with the provisions of Article III.
c.
Applications for wireless facilities on towers. No person shall construct or maintain a wireless facility on a tower without first obtaining a license from the City for such wireless facilities. An application shall include the name and address of the applicant, a statement by a qualified engineer or other professional that the addition of such wireless facilities meets all conditions of the City Code, the location of the tower and the location on the tower itself where the wireless facilities will be located, the location on the site for any supporting equipment and utility for said wireless facility and the approximate length of time the applicant plans to use the tower to locate its wireless facilities. The fee for this license shall be renewable every five (5) years in accordance with Subsection (E)(6).
3.
Inspections. By applying for a permit or license
for a tower location, an applicant grants the City authority to enter
onto its property to inspect the tower for the purpose of determining
whether it complies with the applicable State law and all other construction
standards provided by the City codes and Federal law. The City reserves
the right to conduct such inspections at any time.
4.
Filing requirement. A licensee shall certify in
writing that its tower is structurally sound and conforms to the requirements
of the applicable State law and all other construction standards set
forth by the City codes, Federal and State law every five (5) years
by filing, by January first (1st) of every fifth (5th) year following
the date of the grant of its tower license a sworn statement by the
licensee or his/her representative to that effect. Together with this
statement, every licensee shall provide a certificate of liability
insurance for no less than three hundred thousand dollars ($300,000.00)
coverage for injury to persons or and an additional three hundred
thousand dollars ($300,000.00) coverage for property as a result of
any tower failure or malfunction or defect which lists the City as
an additional insured. Licensee shall list City as a party who must
be notified should this insurance be canceled or discontinued for
any reason thirty (30) days before the expiration of coverage.
5.
Discontinuance of use. In the event the licensed
use of a tower is discontinued by the licensee, the licensee shall
provide written notice to the City of its intent to discontinue use
and the date when the use shall be discontinued.
6.
License renewal fee. On or by January first (1st)
of every fifth (5th) year following the granting of an initial tower
or wireless telecommunications facilities license for a new or existing
tower or facilities placed on a new or existing tower, each licensee
shall submit a license renewal fee. In no event shall a license be
revoked or considered expired for failure to pay the fee unless the
licensee has received at least thirty (30) days' written notice of
the proposed action.
F.
Revocation Of License. The City may at any time revoke a
tower license for failure to comply with the provisions of this Section
or any other City Code or State or Federal law. To properly revoke
a tower license, the City must comply with the procedures set forth
below:
1.
The City Clerk shall provide licensee with written notice of all
causes for revocation and the intent to revoke and shall allow licensee
sixty (60) days subsequent to receipt of the notice in which to correct
the violations or to provide adequate assurance of performance in
compliance with this Section. Together with the notice required herein,
the City Clerk shall provide licensee with written findings of fact
which are the basis of the revocation.
2.
The City shall provide the licensee with the right to a public hearing
before the Hearing Examiner appointed for that purpose by the Mayor
and mutually agreed to by the parties, which public hearing shall
follow the sixty (60) day notice required herein. All interested parties
shall be allowed an opportunity to be heard at the public hearing
and present evidence.
3.
After the public hearing, the Hearing Examiner shall, within thirty
(30) days after the public hearing date, issue a written order setting
forth his/her findings of fact and conclusions of law forming the
basis for his/her decision.
4.
Upon written determination by the Hearing Examiner to revoke a license,
the licensee may appeal the decision to a court of competent jurisdiction
pursuant to Chapter 536, RSMo. The Hearing Examiner may provide for
a supersedeas bond in an amount deemed by said examiner to be sufficient
to protect the interests of the public and such third (3rd) parties
whose interests were identified during any hearing on such a request
to post a bond, to permit the stay of enforcement of any revocation
or enforcement action by the City.
5.
Upon satisfactory correction by licensee of the violation upon which
said notice was given as determined in the City's sole discretion,
the initial notice shall become void.
6.
Upon licensee's failure to correct a violation as found by the Hearing Examiner, the City may issue an order to disconnect utilities to said tower to any utility company providing same unless a supersedeas bond in an amount determined by the Hearing Examiner under Subsection (F)(4). As long as said bond is in full force and effect and an appeal is pending under Chapter 536, RSMo., no order to disconnect utilities shall be made. Said order shall not be issued prior to thirty (30) days from the date of the Hearing Examiner's written determination. Said order shall be served upon the chief executive officer thereof, together with the licensee at the last known address and have attached to it the findings of the Hearing Examiner.
G.
Transfer Of License. A tower license may not be sold, transferred,
leased or assigned to any other person, without the consent of the
City, such consent not to be unreasonably withheld.
H.
Abandonment Of Tower.
1.
In the event the use of any tower has been discontinued for a period of one (1) year or in the event that a licensee has taken no action within ninety (90) days after the revocation of a tower license pursuant to Subsection (F) to appeal the decision of the Hearing Examiner or to remedy or correct the violations resulting in the revocation, such tower shall be deemed abandoned.
2.
The City shall provide the tower owner three (3) months' notice and
an opportunity to be heard before a Hearing Examiner appointed by
the City Administrator for the purpose and agreeable to the tower
owner if he/she may be located, before initiating such action. After
such notice has been provided, the City shall have the authority to
initiate proceedings to either acquire the tower and any appurtenances
attached thereto at the then fair market value, to approve the sale
of the tower to a third (3rd) party or in the alternative order the
demolition of the tower and all appurtenances.
3.
The City shall provide the tower owner with the right to a public hearing before the Hearing Examiner, which public hearing shall follow the three (3) months' notice required in Subsection (H)(2). All interested parties shall be allowed an opportunity to be heard at the public hearing.
4.
After a public hearing is held pursuant to this Section, the Hearing Examiner may order the forfeiture to the City or demolition of the tower. The City may draw upon any maintenance bond or performance bond or letter of credit as provided in Subsection (E)(2)(a)(11) to pay for all expenses necessary to acquire or demolish the tower. The tower owner may stay such a draw or enforcement of an order of abandonment if he/she posts a supersedeas bond in an amount set by the Hearing Examiner sufficient to protect the interests of the public. However, in no event shall the removal of a tower which is determined to create a danger to the public or adjacent property be stayed due to the filing of such a bond.
I.
Location Of Towers On City-Owned Property. The City may authorize any person to locate a tower, antenna support structure or telecommunications facilities on publicly-owned property, subject to the application process set forth in Subsection (E)(2) and subject to the terms and conditions of any lease agreement executed between the City and such person.
[Ord. No. 184, 11-12-2019]
A.
Marijuana related uses and facilities as defined in Section 405.100 shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Fair Grove.
B.
Location
Restrictions.
1.
At the time of application no marijuana related uses shall be operated
or maintained within one thousand (1,000) feet of any then existing
elementary or secondary school, day care, or church.
2.
In case of a freestanding facility, the distance between the facility
and the school, day care, or church shall be measured from the external
wall of the facility structure closest in proximity to the school,
day care, or church to the closest point of the property line of the
school, day care, or church. If the school, day care, or church is
part of a larger structure, such as an office building or strip mall,
the distance shall be measured to the entrance or exit of the school,
day care, or church closest in proximity to the facility.
3.
In the case of a facility that is part of a larger structure, such
as an office building, or strip mall, the distance between the facility
and the school, day care, or church shall be measured from the property
line of the school, day care, or church to the facility's entrance
or exit closest in proximity to the school, day care, or church. If
the school, day care, or church is part of a larger structure, such
as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, day care, or church closest
in proximity to the facility.
4.
Measurements shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
C.
No marijuana related use or facility shall emit an odor or in any way cause a public nuisance per Section 215.010 of this Code.
D.
Hours
Of Operation.
1.
All sales or distribution of medical marijuana and any other products
sold to the public through a medical marijuana dispensary shall take
place between the hours of 8:00 a.m. and 9:00 p.m., Sunday —
Saturday. Medical marijuana dispensaries shall be secured and closed
to the public after the hours listed in this Subsection, and no persons
not employed by the medical marijuana dispensary may be present in
such a facility at any time it is closed to the public.
E.
Signs.
1.
A sign for medical marijuana-infused products manufacturing facilities, medical marijuana cultivation facilities, medical marijuana dispensary, and medical marijuana testing facilities shall comply with the requirements of Section 405.650, General Provisions for Signs of the Code, or any ordinance enacted hereafter regulating signs.
