[R.O. 1992 § 400.195; Ord. No.
1738-99 § 1, 4-6-1999; Ord. No. 2051-05 § 1, 1-4-2005]
A.
Purpose. The purpose of this Section is to minimize the adverse affects
of these facilities on City aesthetic and property values through
careful design, siting and vegetative/structural screening; to avoid
potential damage to adjacent properties from tower failure and falling
debris through engineering and careful siting of towers; and to maximize
use of existing towers to conserve resources and limit the adverse
visual effects of such facilities in our heavy traffic, residential
and tourism areas.
B.
Applicability. In all districts conditional use permits for communication
facilities are required in the following instances:
C.
Approval Standards. All applications for a conditional use permit
for such towers shall comply with the following requirements:
1.
Parcels proposed for tower location shall be of sufficient size
to contain all ice fall or debris in the event of tower failure.
2.
All accessory structures must comply with the setback requirements
of the zone in which the structure is proposed. For parcels adjacent
to more restrictive districts, the setback requirements of the more
restrictive adjacent zone shall apply on that respective property
line.
3.
Tower structures must be set back from residential properties
or zoning districts at least the height of the tower as measured from
grade to the highest point on the tower, including antennas.
4.
Secondary structures such as guy wires and anchors must be set
back a minimum of twenty-five (25) feet from residential, public or
right-of-way property lines.
5.
Any proposed tower shall be set back from other on- and off-site
towers and supporting structures far enough so one (1) tower will
not strike another tower or support structure if a tower or support
structure fails.
6.
The tower shall have the least practicable adverse visual effect
on the built and natural environment. Towers shall be galvanized,
silver painted, or unfinished aluminum; and not artificially lighted
unless required by State or Federal regulations.
7.
Existing or proposed buildings should be situated between the
proposed tower and adjacent streets. If more than one (1) street adjoins
the proposed site, the building should be between the tower and the
street with the highest functional classification and/or traffic volume.
8.
Existing on-site vegetation shall be preserved to the maximum
extent practical. Ground disturbed by construction at tower sites
shall be seeded and mulched within thirty (30) days after the completion
of the tower and facilities. Trees removed and exceeding twelve (12)
inches in diameter must be replaced with new trees of at least three
(3) inches in diameter. If such replacement is impossible due to site
limitations, the trees shall be planted at a public site within the
City as determined by the Planning Commission.
9.
Where the tower site adjoins residential parcels, public property
or a street, the site perimeter shall be planted with two (2) inch
minimum diameter evergreen trees spaced not more than twenty (20)
feet apart and within twenty-five (25) feet of the site boundary.
All plant material shall be maintained in a healthy growing condition
and replaced when damaged or dead. The parcel must be kept free from
litter, debris, and noxious weeds.
10.
(Reserved)
11.
The applicant shall demonstrate that the planned equipment cannot
be accommodated on an existing or approved tower. Planned equipment
cannot be accommodated on an existing or approved tower if:
a.
Planned equipment would exceed the structural capacity of existing
approved towers, considering existing and planned use of those towers,
and existing and approved towers cannot be reinforced to accommodate
planned or equivalent equipment at a reasonable cost.
b.
Planned equipment will cause interference with other existing
or planned equipment for that tower, and the interference cannot be
prevented at a reasonable cost.
c.
Existing or approved towers do not have space on which planned
equipment can be placed.
d.
The fees and costs for shared use are unreasonable, possibly
among other reasons, because they exceed the cost of the proposed
tower.
e.
Other reasons, documented and justified by engineering and/or
feasibility studies, make it impossible to place the planned equipment
on an existing or approved tower.
12.
The applicant shall demonstrate that the planned tower cannot
be accommodated on the site of an existing or approved tower. This
is demonstrated when:
a.
Not enough land is available for the proposed tower, supporting
structure, or accessory uses on or adjoining the site of an existing
or approved tower to comply with the requirements outlined herein.
b.
The fees and costs for shared use of an existing or approved
site are unreasonable, possibly among other reasons, because they
exceed the cost of the proposed tower.
c.
Other reasons, documented and justified by engineering and/or
feasibility studies, make it impossible to place the planned equipment
on an existing or approved tower site.
D.
Required Submittals. In addition to the required submittals under the conditional use provisions of Section 400.290, applicants for tower facilities shall submit the following:
1.
A letter addressed to the Planning Commission noting that the
applicant has had a pre-application conference with the Zoning Administrator
or his/her designee to review the applicant's plans for future cell
sites in and around Camdenton. Said letter should address collocation,
alternative tower structures and the applicant's ability to meet Camdenton's
standards.
2.
Missouri Structural Engineer drawings to include elevation and
guy wire support design.
3.
A list of those attending and a summary of the results of a
neighborhood meeting if the cell site is located in a residential
zoning district.
4.
A site plan drawn to scale and identifying the site boundary,
tower(s), guy wire anchors, existing and proposed structures, vehicular
parking and access, existing vegetation to be retained, removed, or
replaced, and uses, structures, and land use designation on the site
and adjoining parcels. The plan should also address the landscaping/screening
provisions outlined in this Section.
5.
For antennae mounted on existing structures, a report by an
engineer certified in the State of Missouri qualifying the integrity
of the structure and its ability to support the antennae and any associated
equipment.
6.
Diagrams showing the line of sight from the nearest public right-of-way
and the proposed site.
7.
A list of equipment and contents of equipment buildings or cabinets
on the site.
8.
A report of the structure's ability to support collocations
and how collocation will be permitted.
9.
An inventory of the applicant's existing antenna locations within
the City limits and within one (1) mile of said limits, including
specific information about the location, height, and type of support
structure.
10.
Evidence that the planned transmission facilities cannot be
accommodated on an existing or approved tower and that the planned
tower cannot be accommodated on an existing or approved tower site.
The Board of Aldermen may consider expert testimony to determine whether
other towers or sites could accommodate the planned facilities and
whether fees and costs associated with the use of an existing or planned
tower or site are reasonable.
11.
A report and/or description of the possible minimum and maximum
radio frequency radiation levels to result from the operation of the
antenna or set of antennae at the site.
12.
A copy of an agreement to be entered into between the applicant
and the City of Camdenton providing for the removal of unused equipment
and facilities in the event that the site is abandoned (not to exceed
twelve (12) months from cessation of use).
13.
Documentation of FCC licensure.
14.
Documentation of FAA approval, and any other agency of the Federal
or State government with the authority to regulate communication towers
and antennae.
[R.O. 1992 § 400.197; Ord. No.
2208-07 § 1, 10-2-2007; Ord. No. 2415-11 § 1, 9-20-2011; Ord. No. 2626-17, 1-17-2017]
A.
Purpose And Legislative Intent. The Telecommunications Act of 1996
affirmed the City of Camdenton's authority concerning the placement,
construction and modification of wireless telecommunications facilities.
The City of Camdenton finds that wireless telecommunications facilities
may pose significant concerns to the health, safety, public welfare,
character and environment of the City and its inhabitants. The City
also recognizes that facilitating the development of wireless service
technology can be an economic development asset to the City and of
significant benefit to the City and its residents. In order to insure
that the placement, construction or modification of wireless telecommunications
facilities is consistent with the City's land use policies, the City
is adopting a single, comprehensive, wireless telecommunications facilities
application and permit process. The intent of this local ordinance
is to minimize the impact of wireless telecommunications facilities,
establish a fair and efficient process for review and approval of
applications, assure an integrated, comprehensive review of environmental
impacts of such facilities, protect the health, safety and welfare
of the City of Camdenton and to comply with applicable law, including
the Federal Telecommunications Act of 1996 and the Missouri Uniform
Wireless Communication Infrastructure Deployment Act.
B.
Title. This Section shall be known and cited as the "Wireless Telecommunications
Facilities Siting Ordinance" for the City of Camdenton.
C.
Severability.
1.
If any word, phrase, sentence, part, Section, Subsection or
other portion of this Section or any application thereof to any person
or circumstance is declared void, unconstitutional or invalid for
any reason, then such word, phrase, sentence, part, Section, Subsection
or other portion or the proscribed application thereof shall be severable
and the remaining provisions of this Section and all applications
thereof not having been declared void, unconstitutional or invalid
shall remain in full force and effect.
2.
Any special use permit issued under this Section shall be comprehensive
and not severable. If part of a permit is deemed or ruled to be invalid
or unenforceable in any material respect by a competent authority
or is overturned by a competent authority, the permit shall be void
in total, upon determination by the City.
D.
ACCESSORY FACILITY OR EQUIPMENT
ANTENNA
APPLICANT
APPLICATION
AUTHORITY
BASE STATION
BUILDING PERMIT
COLLOCATION
COMMERCIAL IMPRACTICABILITY OR COMMERCIALLY IMPRACTICABLE
COMMISSION
COMPLETED APPLICATION
COUNCIL
DISGUISED SUPPORT STRUCTURE
1.
2.
3.
4.
5.
ELECTRICAL TRANSMISSION TOWER
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FAA
FCC
HEIGHT
NIER
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
REPAIRS AND MAINTENANCE
REPLACEMENT
SPECIAL USE PERMIT
STATE
STEALTH OR STEALTH TECHNOLOGY
SUBSTANTIAL MODIFICATION
1.
2.
3.
4.
TELECOMMUNICATION SITE
TELECOMMUNICATIONS
TELECOMMUNICATIONS STRUCTURE
TEMPORARY
TOWER
UTILITY
UTILITY POLE
WIRELESS TELECOMMUNICATIONS FACILITIES
WIRELESS SUPPORT STRUCTURE
Definitions. For purposes
of this Section and where not inconsistent with the context of a particular
Section, the defined terms, phrases, words, abbreviations and their
derivations shall have the meaning given in this Section. When not
inconsistent with the context, words in the present tense include
the future tense, words used in the plural number include words in
the singular number and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
An accessory facility or equipment serving or being used
in conjunction with wireless telecommunications facilities or wireless
support structures and located on the same property or lot as the
wireless telecommunications facilities, including, but not limited
to, utility or transmission equipment storage sheds, power supplies,
generators, batteries, cables, buildings or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
All necessary and appropriate documentation that an applicant
submits in order to receive a special use permit for wireless telecommunications
facilities.
Each State, County and municipal Governing Body, board, office
or commission authorized by law and acting in its capacity to make
legislative, quasi-judicial or administrative decisions relative to
zoning or building permit review of an application. The term shall
not include State courts having jurisdiction over land use, planning,
or zoning decisions made by an authority.
A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics and
includes a structure that supports or houses an antenna, a transceiver,
coaxial cables, power supplies or other associated equipment.
A permit issued by the City prior to commencement of work
on the collocation or replacement of wireless facilities on the existing
structure, the substantial modification of a wireless facility or
wireless support structure, or the commencement of construction of
any new wireless facility or wireless support structure, to ensure
that the work to be performed by the applicant satisfies the City's
applicable building codes.
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings and other
structures capable of structurally supporting the attachment of wireless
facilities in compliance with applicable codes.
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be "commercial impracticable" and shall not render an act or the
terms of an agreement "commercially impracticable."
The Planning and Zoning Commission of the City of Camdenton.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
The Board of Aldermen of the City of Camdenton.
Any freestanding, man-made structure designed for the support
of wireless facilities, the presence of which is camouflaged or concealed
as an architectural or natural feature. Depending on the location
and type of disguise used, such concealment may require placement
underground of the utilities leading to the structure. Such structures
may include, but are not limited to, clock towers, campaniles, observation
towers, pylon sign structures, water towers, artificial trees, flag
poles and light standards. For purposes of this definition, a structure
"camouflaged or concealed as an appropriately placed and designed
architectural or natural feature" shall meet the following additional
criteria:
It is consistent with and contributes to and does not detract
from the character and property values and use of the area and neighborhood
in which it is located;
It does not contain distorted proportions, size or other features
not typically found in the type of structure or feature to which it
is designed to replicate;
It cannot be identified as an antenna or support structure by
persons with reasonable sensibilities and knowledge;
Its equipment, accessory buildings, or other aspects or attachments
relating to the disguised support structure are wholly concealed using
a manner consistent with and typically associated with the architectural
or natural structure or feature being replicated; and
It is of a height, design and type that would ordinarily occur
at the location and neighborhood selected.
An electrical transmission structure used to support high
voltage overhead power lines. The term shall not include any utility
pole.
An area surrounding or near a wireless support structure
within which a wireless facility is located.
A structure that exists at the time a request to place wireless
facilities on a structure is filed with the City. The term includes
any structure that is capable of supporting the attachment of wireless
facilities in compliance with the applicable building codes, National
Electrical Safety Code and recognized industry standards for structural
safety, capacity, reliability and engineering, including but not limited
to towers, buildings and water towers. The term shall not include
any utility pole.
The Federal Aviation Administration or its duly designated
and authorized successor agency.
The Federal Communications Commission or its duly designated
and authorized successor agency.
When referring to a tower or structure, the distance measured
from the pre-existing grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightening
protection device.
Non-ionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two (2) or more persons having
a joint common interest or any other entity.
See definition for "WIRELESS TELECOMMUNICATIONS FACILITIES."
Shall have the same meaning as defined and used in the 1996
Telecommunications Act.
The replacement of any components of a wireless facility
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of a wireless facility without the addition, removal or change of
any of the physical or visually discernible components or aspects
of a wireless facility that will add to the visible appearance of
the facility as originally permitted. This definition does not include
substantial modifications.
The construction of a new wireless support structure of equal
proportions and equal height or such other height that would not constitute
a substantial modification to an existing structure in order to support
wireless facilities or to accommodate collocation and includes the
associated removal of the preexisting wireless facilities or support
structure.
The permit issued by the City prior to commencement of work
on the substantial modification of a wireless facility or wireless
support structure or the commencement of construction of any new wireless
facility or wireless support structure, to ensure compliance with
the City's zoning or land use regulations.
The State of Missouri.
To minimize adverse aesthetic and visual impacts on the land,
property, buildings and other facilities adjacent to, surrounding
and in generally the same area as the requested location of such wireless
telecommunications facilities which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
Increases the existing vertical height of the structure by more
than ten percent (10%) or the height of one (1) additional antenna
array with separation from the nearest existing antenna not to exceed
twenty (20) feet, whichever is greater; or
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of a wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable); or
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
See definition for "WIRELESS TELECOMMUNICATIONS FACILITIES."
The transmission and/or reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
A structure used in the provision of services described in
the definition of "WIRELESS TELECOMMUNICATIONS FACILITIES."
Temporary in relation to all aspects and components of this
Section, something intended to or that does not exist for more than
ninety (90) days.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
Any person, corporation, County, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, wastewater, data, cable television,
or telecommunications or Internet protocol-related services.
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables or wire for telephony,
cable television electricity or to provide lighting.
Includes a "telecommunications site" and "personal wireless
facility." It means a structure, facility or location designed or
intended to be used as or used to support antennas or other transmitting
or receiving devices. This includes, without limit, towers of all
types and kinds and structures, including, but not limited to, buildings,
church steeples, silos, water towers, signs or other structures that
can be used as a support structure for antennas or the functional
equivalent of such. It further includes all related facilities and
equipment such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, SMR,
paging, "911," personal communications services (PCS), commercial
satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC.
A structure, such as a monopole, tower or building capable
of supporting wireless facilities. The definition does not include
utility poles.
E.
Overall Policy And Desired Goals For Special Use Permits For Wireless
Telecommunications Facilities. In order to ensure that the placement,
construction and modification of wireless telecommunications facilities
protects the City's health, safety, public welfare, environmental
features, the nature and character of the community and neighborhood
and other aspects of the quality of life specifically listed elsewhere
in this Section, the City hereby adopts an overall policy with respect
to a special use permit for wireless telecommunications facilities
for the express purpose of achieving the following goals:
1.
Requiring a special use permit for any new or substantial modification
of a wireless telecommunications facility.
2.
Implementing an application process for person(s) seeking a
special use permit for wireless telecommunications facilities.
3.
Establishing a policy for examining an application for and issuing
a special use permit for wireless telecommunications facilities that
is both fair and consistent.
4.
Promoting and encouraging, wherever possible, the sharing and/or
collocation of wireless telecommunications facilities among service
providers.
5.
Promoting and encouraging, wherever possible, the placement,
height and quantity of wireless telecommunications facilities in such
a manner, including, but not limited to, the use of stealth technology,
to minimize adverse aesthetic and visual impacts on the land, property,
buildings and other facilities adjacent to, surrounding and in generally
the same area as the requested location of such wireless telecommunications
facilities, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
6.
That in granting a special use permit, the City has found that
the facility shall be the most appropriate site as regards being the
least visually intrusive among those available in the City.
7.
Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, Subsection (E)(7)(a) being the highest priority and Subsection (E)(7)(h) being the lowest priority.
a.
On existing towers or other structures on City-owned properties;
b.
On existing towers or other structures on other property in
the City;
c.
A new tower on City-owned properties;
d.
A new tower on properties in areas zoned for industrial ("I-2")
use;
e.
A new tower on properties in areas zoned for light industrial
("I-1") use;
f.
A new tower on properties in areas zoned for agricultural ("A-1")
use;
g.
A new tower on properties in areas zoned for highway commercial
("C-2") use;
h.
A new tower on properties in areas zoned for residential ("R-1,"
"R-2," "R-3," "R-3TH," "PUD") use.
8.
Rights-Of-Way. For applications for wireless facilities within
City rights-of-way, the most restrictive adjacent underlying zoning
district classification shall apply unless otherwise specifically
zoned and designated on the Zoning Map, and no application shall be
submitted for permit approval without attaching the City's and State
of Missouri's consent to use the rights-of-way for the specific construction
application.
F.
Exceptions From A Special Use Permit For Wireless Telecommunications
Facilities.
1.
No person shall be permitted to site, place, build, construct, substantially modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this Section without having first obtained a special use permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this Section, no special use permit shall be required for those non-commercial exceptions noted in Subsection (G).
2.
All legally permitted wireless telecommunications facilities,
constructed as permitted, existing on or before the effective date
of this Section shall be allowed to continue as they presently exist;
provided, however, that any visible modification of an existing wireless
telecommunications facility will require the complete facility and
any new installation to comply with this Section.
3.
Any repair and maintenance of a wireless facility or collocation
on an existing wireless support structure does not require an application
for a special use permit.
4.
All repairs, maintenance or collocation shall require a building
permit.
G.
Exclusions. The following shall be exempt from this Section:
1.
The City's Fire, Police, Department of Transportation or other
public service facilities owned and operated by the local government.
2.
Any facilities expressly exempt from the City's siting, building
and permitting authority.
3.
Over-the-air reception devices, including the reception antennas
for direct broadcast satellites (DBS), multi-channel multi-point distribution
(wireless cable) providers (MMDS), television broadcast stations (TVBS)
and other customer-end antennas that receive and transmit fixed wireless
signals that are primarily used for reception.
4.
Facilities exclusively for private, non-commercial radio and
television reception and private citizen's bands, licensed amateur
radio and other similar non-commercial telecommunications.
5.
Facilities exclusively for providing unlicensed spread spectrum
technologies [such as IEEE 802.11 a, b, g (Wi-Fi) and Bluetooth®]
where the facility does not require a new tower.
H.
Building Permit Required, When.
1.
A building permit shall be required for the construction, modification
or repair of any wireless facility or wireless support structure that
meets the following criteria:
a.
A substantial modification of an existing wireless facility
or support structure;
b.
The construction of a new wireless communication facility or
support structure;
c.
The collocation or replacement of wireless facilities on an
existing structure;
d.
Wireless facilities or support structures that are mounted to
the roof of any existing building, other than a single-family residence,
provided that the building was not constructed primarily for the support
of antennas and provided that the height of the facility does not
exceed ten (10) feet from its mounting and that such use is not otherwise
prohibited by this Section.
e.
The installation of a disguised wireless support structure and
related wireless facilities as part of a building or structure that
is otherwise allowed in the district in which it is located.
f.
Wireless facilities or support structures for the operation
of a commercial or public radio television station licensed by the
FCC or a local, State or Federal enforcement or emergency agency may
be installed as permitted by law in non-residential zoning districts.
g.
The installation or mounting of antennas on any electrical transmission
towers located in any commercial zoning district of the City.
h.
Wireless facilities or support structures for the operation
of a licensed amateur radio facility within the City. The application
must be accompanied by proof that the applicant, or an occupant of
the property, is a licensed amateur radio operator.
2.
No building permit shall be required for the construction, modification
or repair of any wireless facility or wireless support structure that
meets the following criteria:
a.
Wireless facilities or support structures that are owned and
operated by the City in providing fire, police, transportation or
other public service to the public.
b.
Satellite earth stations less than six (6) feet in diameter
and receive-only home television antennas, which are allowed as necessary
uses in all districts without any building permit.
I.
Application Requirements.
1.
All applicants for a building permit for wireless facilities
and/or support structures shall comply with the requirements set forth
in this Section and the City's currently adopted building code.
2.
The City may reject applications not meeting the requirements
stated herein or which are otherwise incomplete. In such case, the
City will notify the applicant, in writing, within fifteen (15) calendar
days of submission of the application, of the specific deficiencies
in the application which, if corrected, would make it complete. Upon
receipt of such written notice from the City, an applicant may correct
the specific deficiencies in the application in the time periods set
forth in Section 67.5096.4, RSMo. [thirty (30) days for new wireless
support structures], Section 67.5098.4, RSMo. [thirty (30) days for
substantial modification of wireless support structures], and Section
67.5100.2, RSMo. If the applicant fails to correct the deficiencies
within the applicable time period, the application will be deemed
rejected by the City.
3.
No collocation or replacement of wireless facilities to an existing
structure shall occur until the application is reviewed and approved
by the City and a building permit issued.
4.
No construction or substantial modification of wireless facilities
or support structures shall occur until the application is reviewed
and approved by the City and a building permit, as well as a special
use permit, have been issued.
5.
All representations/statements made by the applicant to the
City in the application may be relied upon in good faith by the City.
6.
An application for wireless facilities or support structures
shall be signed in behalf of the applicant by a person with knowledge
of the contents and the completeness of the information.
7.
Where a certification is called for in this Section, such certification
shall bear the signature and seal of a registered professional engineer
licensed in the State of Missouri.
8.
In addition to all other required information as stated in this
Section, all applications for the construction of new wireless facilities
or support structures, or for a substantial modification of an existing
wireless facility or support structure, shall contain the information
hereinafter set forth:
a.
The name, address, and phone number of the property owner and
applicant. If the site has, or is to have, a tower and the owner of
the tower is different than the applicant, provide name and address
of the tower owner;
b.
The postal address and tax map parcel number of the property;
c.
The zoning district or designation in which the property is
situated;
d.
Size of the property stated both in square feet and lot line
dimensions, and a survey showing the location of all lot lines;
e.
The location of the nearest residential structure;
f.
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
g.
The type, locations and dimensions of all proposed and existing
landscaping and fencing;
h.
The size and center line height location of all proposed and
existing antennas on the supporting structure;
i.
The number, type and model of the antenna(s) proposed with a
copy of the specification sheet;
j.
A site plan describing the proposed tower and antenna(s) and
all related fixtures, structures, appurtenances, and apparatus, including
height above preexisting grade, materials, color and lighting;
k.
Signed documentation to verify that the wireless facility with
the proposed installation will be in full compliance with the FCC's
rules for radio frequency emissions under 47 CFR 1.1307(b)(1) or other
applicable Federal law, as amended;
l.
A copy of the FCC license(s) applicable for the intended use
of the wireless facilities; and
m.
A copy of the geotechnical subsurface soils investigation, evaluation
report and foundation recommendation for a proposed or existing tower
site and if existing tower or water tank site, a copy of the installed
foundation design.
n.
The applicant will provide written documentation by a qualified
individual or organization which shows any proposed new tower or existing
structure intended to support wireless facilities is in compliance
with FAA rules and regulations, as amended, and if it requires lighting.
This requirement shall also be for any existing structure or building
where the application increases the height of the structure or building.
All filings with the FAA, all responses from the FAA and any related
correspondence shall be provided with the application.
o.
The applicant shall provide certification with documentation
(structural analysis) that the wireless facility tower and foundation
and attachments, rooftop support structure, water tank structure,
and any other supporting as proposed to be utilized are designed and
will be constructed to meet all local, City, State and Federal structural
requirements for loads, including wind and ice loads.
9.
If the proposal is for collocation or replacement of a wireless
facility on an existing structure, the applicant shall provide written
certification of the condition of the structure per ANSI report, Annex
E, Tower Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F,
or the most recent edition. The inspection report must be performed
every three (3) years for a guyed tower and five (5) years for monopoles
and self-supporting towers.
10.
There shall be a pre-application meeting. The purpose of the
pre-application meeting will be to address issues that will help to
expedite the review and permitting process. A pre-application meeting
shall also include a site visit if there has not been a prior site
visit for the requested site.
11.
An applicant shall submit to the City the number of completed
applications determined to be needed at the pre-application meeting.
Written notification of the application shall be provided to the legislative
body of all adjacent municipalities as applicable and/or requested.
12.
The holder of a special use permit shall notify the City of
any intended modification of a wireless facility or support structure
and shall apply to the City to modify or construct a wireless facility
or support structure.
13.
Application Fees.
a.
A non-refundable fee of one thousand five hundred dollars ($1,500.00)
will be paid to the City at the time of application for a new support
structure or a substantial modification. This fee will cover all administrative
and building permit fees.
b.
A non-refundable fee of five hundred dollars ($500.00) will
be paid to the City at the time of application for a collocation on
an existing support structure. This fee will cover all administrative
and building permit fees.
J.
General Conditions For Approval. The general criteria and preference
for approving wireless facilities and support structures under this
Chapter shall include the following:
1.
Building Codes And Safety Standards. All wireless facilities
and support structures shall meet or exceed the standards and regulations
contained in applicable Federal, State and local building codes, the
National Electrical Code and recognized industry standards for structural
safety, capacity, reliability, and engineering, including the most
current standard of Telecommunication Industry Association 222-G.
2.
Regulatory Compliance. All wireless facilities and support structures
shall meet or exceed standards and regulations of the FAA, FCC and
any other Federal or State agency with authority to regulate such
facilities and support structures. Should any standards or regulations
be amended, then the owner shall bring such facilities and support
structures into compliance with the revised standards or regulations
within six (6) months of the effective date of the revision unless
a different date is established by the controlling agency.
3.
Lighting. Wireless facilities and support structures shall not
be illuminated at night unless required by the FAA or other Federal
or State agencies, in which case, a description of the required lighting
scheme will be made a part of the application.
4.
Design.
a.
The wireless facility, all accessory equipment and support structures
should, to the extent reasonably possible, be architecturally and
visually compatible with the surrounding buildings, structures, vegetation
and/or other uses in the area or likely to exist under the regulations
of the zoning district.
b.
Wireless support structures, except disguised support structures,
shall be of a galvanized silver or gray finish.
c.
Wireless facilities, other than antennas, shall be have an exterior
finish compatible with the natural or built environment of the site,
and shall also comply with such other reasonable design guidelines
as may be required by the City.
d.
Wireless facilities mounted on buildings and other structures
shall be designed as disguised support structures and antennas.
e.
Wireless facilities shall be screened by appropriate landscaping
and/or fencing. Wireless support structures shall be surrounded by
a landscape strip of not less than ten (10) feet in width and planted
materials which will provide a visual barrier to a minimum height
of six (6) feet. Evergreen trees shall be a minimum of six (6) feet
tall and deciduous trees not less than two and one-half (2 1/2)
inches in caliper at the time of planting. Said landscaping strips
shall be exterior to any security fencing. In lieu of the required
landscape strip, a minimum of a six (6) foot high decorative masonry
fence or wall may be approved by the City upon demonstration by the
applicant that an equivalent degree of visual screening is achieved.
f.
An access road, turnaround space and on-site parking shall be
provided for all locations of wireless facilities and/or support structures
to assure adequate emergency and service access. Maximum use of existing
roads, whether public or private, shall be made to the extent possible.
Road construction shall at all times minimize ground disturbance and
cutting of vegetation. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion. Access
roads may be compacted aggregate materials with the exception of the
portion that leaves a hard-surfaced roadway. In that case, the access
roadway shall be hard-surfaced (concrete or asphalt) the length of
the existing hard-surfaced roadway's right-of-way or ten (10) feet,
whichever is greater. Access roadways shall be maintained in good
condition.
K.
Visibility Of Wireless Telecommunications Facilities.
1.
All wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by law.
2.
Towers shall be maintained in accordance with the requirements
of this Section.
3.
If lighting is required, applicant shall provide a detailed
plan for sufficient lighting of as unobtrusive and inoffensive an
effect as is permissible under State and Federal regulations.
L.
Security Of Wireless Telecommunications Facilities. All wireless
telecommunications facilities and antennas shall be located, fenced
or otherwise secured in a manner that prevents unauthorized access.
Specifically:
1.
All antennas, towers and other supporting structures, including
guy anchor points and wires, shall be made inaccessible to individuals
and constructed or shielded in such a manner that they cannot be climbed
or collided with; and
2.
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
M.
Signage. Wireless telecommunications facilities shall contain a sign
no larger than four (4) square feet in order to provide adequate notification
to persons in the immediate area of the presence of RF radiation or
to control exposure to RF radiation within a given area. A sign of
the same size is also to be installed to contain the name(s) of the
owner(s) and operator(s) of the antenna(s) as well as emergency phone
number(s). The sign shall be on the equipment shelter or cabinet of
the applicant and be visible from the access point of the site and
must identify the equipment owner of the shelter or cabinet. On tower
sites, an FCC registration site as applicable is also to be present.
The signs shall not be lighted, unless applicable law, rule or regulation
requires lighting. No other signage, including advertising, shall
be permitted.
N.
Lot Size And Setbacks. All proposed towers and any other proposed
wireless telecommunications facility structures shall be set back
from abutting parcels, recorded rights-of-way and road and street
lines by the greater of the following distances: A distance equal
to the height of the proposed tower or wireless telecommunications
facility structure plus ten percent (10%) of the height of the tower
or structure or the existing setback requirement of the underlying
zoning district, whichever is greater. Any Accessory structure shall
be located so as to comply with the applicable minimum setback requirements
for the property on which it is situated.
1.
No more than one (1) support structure may be erected on any
one (1) lot in the City unless the lot is larger than five (5) acres,
in which case one (1) additional tower may be installed on the same
lot.
2.
Vehicle and outdoor storage on the site of any wireless facility
or support structure is prohibited.
O.
Retention Of Expert Assistance. The City may hire any consultant
and/or expert necessary to assist the City in reviewing and evaluating
the application, including the construction and modification of the
site, once permitted, and any site inspections.
P.
Public Hearing And Notification Requirements.
1.
Prior to the approval of any application for a special use permit
for wireless telecommunications facilities, a public hearing shall
be held by the City, notice of which shall be published in the newspaper
of general circulation of the City no less than fifteen (15) calendar
days prior to the scheduled date of the public hearing. In order that
the City may notify nearby landowners, the application shall contain
the names and address of all landowners located within one hundred
eighty-five (185) feet of any property line of the lot or parcel of
any construction of a new support structure or substantial modification
to any existing wireless telecommunications facilities. The City shall
mail notice of the public hearing to such owners by first class mail
at least fifteen (15) days prior to the public hearing.
Q.
Action On An Application For A Special Use Permit For Wireless Telecommunications
Facilities.
1.
The City will undertake a review of an application pursuant
to this Section in a timely fashion and in accordance with the time
limits established by Sections 67.5090 to 67.5103, RSMo.
2.
The City will refer any application for a new support structure
and/or substantial modification or part thereof to City of Camdenton
Planning and Zoning Commission for a recommendation.
3.
After the public hearing and after formally considering the
application, the Commission may recommend approval, approval with
conditions or denial of a special use permit. Its decision shall be
in writing and shall be supported by substantial evidence contained
in a written record. The burden of proof for the granting of the permit
shall always be upon the applicant.
4.
The recommendation of the Planning and Zoning Commission shall be immediately forwarded to the Board of Aldermen for final approval at the next scheduled Board meeting. The Board of Aldermen may approve, approve with conditions or deny the special use permit. A public hearing shall be held per Subsection (P). Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the granting of the permit shall always be upon the applicant.
5.
If the City approves the special use permit for wireless telecommunications
facilities, then the applicant shall be notified of such approval
in writing within ten (10) calendar days of the City's action. Except
for necessary building permits and subsequent certificates of compliance,
once a special use permit has been granted hereunder, no additional
permits or approvals from the City, such as site plan or zoning approvals,
shall be required by the City for the wireless telecommunications
facilities covered by the special use permit.
6.
If the City denies the special use permit for wireless telecommunications
facilities, then the applicant shall be notified of such denial in
writing within ten (10) calendar days of the City's action.
R.
Authority To Inspect Wireless Facilities. In order to verify that
the wireless facilities and/or support structures have been placed
and constructed in accordance with all applicable technical, safety,
fire, building and zoning codes, laws, ordinances and regulations
and other applicable requirements, the City may inspect all facets
of the placement, construction, modification and maintenance of such
facilities, including, but not limited to, towers, antennas and buildings
or other structures constructed or located on the permitted site.
S.
Fines.
1.
In the event of a violation of this Section or any special use permit issued pursuant to this Section, the City may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the City, fines or penalties as set forth in Section 400.380.
2.
The holder of a special use permit whose failure to comply with provisions of this Section shall constitute a violation of this Section and shall subject the applicant to the Code enforcement provisions and procedures as provided in Section 100.220 of the City of Camdenton Code of Ordinances.
3.
Notwithstanding anything in this Section, the holder of the
special use permit for wireless telecommunications facilities may
not use the payment of fines, liquidated damages or other penalties
to evade or avoid compliance with this Section or any Subsection of
this Section. An attempt to do so shall subject the holder of the
special use permit to termination and revocation of the special use
permit. The City may also seek injunctive relief to prevent the continued
violation of this Section, without limiting other remedies available
to the City.
T.
Default And/Or Revocation. If a wireless telecommunications facility is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this Section or of the special use permit, then the City shall notify the holder of the special use permit in writing of such violation. A permit holder in violation may be considered in default and subject to fines as in Subsection (S), and if a violation is not corrected to the satisfaction of the City in a reasonable period of time, the special use permit is subject to revocation.
U.
Removal Of Wireless Telecommunications Facilities And/Or Support
Structures.
1.
Under the following circumstances, the City may determine that
the health, safety and welfare interests of the City warrant and require
the removal of wireless facilities and/or support structures:
a.
Wireless facilities and/or support structures with a permit
that have been abandoned (i.e., not used as wireless telecommunications
facilities) for a period exceeding ninety (90) consecutive days or
a total of one hundred eighty (180) days in any 365-day period, except
for periods caused by force majeure or acts of God, in which case,
repair or removal shall commence within ninety (90) days;
b.
Permitted wireless telecommunications facilities fall into such
a state of disrepair that it creates a health or safety hazard;
c.
Wireless telecommunications facilities have been located, constructed
or modified without first obtaining, or in a manner not authorized
by, the required special use permit or any other necessary authorization
and the special permit may be revoked.
2.
If the City makes such a determination as noted in Subsection (U)(1), then the City shall notify the holder of the special use permit for the wireless telecommunications facilities within ten (10) calendar days that said wireless telecommunications facilities are to be removed, the City may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.
3.
The holder of the special use permit or its successors or assigns,
shall dismantle and remove such wireless telecommunications facilities
and all associated structures and facilities from the site and restore
the site to as close to its original condition as is possible, such
restoration being limited only by physical or commercial impracticability,
within ninety (90) days of receipt of written notice from the City.
However, if the owner of the property upon which the wireless telecommunications
facilities are located wishes to retain any access roadway to the
wireless telecommunications facilities, the owner may do so with the
approval of the City.
4.
If wireless telecommunications facilities are not removed or
substantial progress has not been made to remove the wireless telecommunications
facilities within ninety (90) days after the permit holder has received
notice, then the City may order officials or representatives of the
City to remove the wireless telecommunications facilities at the sole
expense of the owner or special use permit holder.
5.
If the City removes or causes to be removed wireless telecommunications
facilities and the owner of the wireless telecommunications facilities
does not claim and remove it from the site to a lawful location within
ten (10) days, then the City may take steps to declare the wireless
telecommunications facilities abandoned and sell them and their components.
6.
Notwithstanding anything in this Section to the contrary, the
City may approve a temporary use permit/agreement for the wireless
telecommunications facilities for no more than ninety (90) days, during
which time a suitable plan for removal, conversion or relocation of
the affected wireless telecommunications facilities shall be developed
by the holder of the special use permit, subject to the approval of
the City and an agreement to such plan shall be executed by the holder
of the special use permit and the City. If such a plan is not developed,
approved and executed within the ninety-day time period, then the
City may take possession of and dispose of the affected wireless telecommunications
facilities in the manner provided in this Section.
7.
Removal of wireless facilities and/or support structures shall
not be a condition of approval of any application.
V.
Periodic Regulatory Review By The City.
1.
The City may at any time conduct a review and examination of
this entire Section.
2.
If, after such a periodic review and examination of this Section,
the City determines that one (1) or more provisions of this Section
should be amended, repealed, revised, clarified or deleted, then the
City may take whatever measures are necessary in accordance with applicable
law in order to accomplish the same. It is noted that where warranted
and in the best interests of the City, the City may repeal this entire
Section at any time.
W.
Adherence To State And/Or Federal Rules And Regulations.
1.
To the extent that the holder of a special use permit for wireless
telecommunications facilities has not received relief or is otherwise
exempt from appropriate State and/or Federal agency rules or regulations,
then the holder of such a special use permit shall adhere to and comply
with all applicable rules, regulations, standards and provisions of
any State or Federal agency, including, but not limited to, the FAA
and the FCC. Specifically included in this requirement are any rules
and regulations regarding height, lighting, security, electrical and
RF emission standards.
2.
To the extent that applicable rules, regulations, standards
and provisions of any State or Federal agency, including, but not
limited to, the FAA and the FCC and specifically including any rules
and regulations regarding height, lighting and security are changed
and/or are modified during the duration of a special use permit for
wireless telecommunications facilities, then the holder of such a
special use permit shall conform the permitted wireless telecommunications
facilities to the applicable changed and/or modified rule, regulation,
standard or provision within a maximum of twenty-four (24) months
of the effective date of the applicable changed and/or modified rule,
regulation, standard or provision or sooner as may be required by
the issuing entity.
X.
Conflict With Other Laws. Where this Section differs or conflicts
with other laws, rules and regulations, unless the right to do so
is preempted or prohibited by the City, State or Federal Government,
this Section shall apply.
[R.O. 1992 § 400.200; Ord. No.
1830-01 § 1,[1] 6-19-2001; Ord. No. 1949-03 § 1, 5-20-2003; Ord. No. 2051-05 § 1, 1-4-2005; Ord. No. 2363-10 § 1, 6-15-2010]
B.
Public Parking Areas.
1.
Office Building, Banks, Retail Business, Pool Halls, Bowling
Alleys, Funeral Homes, Service Establishments, Medical And Dental
Clinics And Other Like Business. One (1) parking space for each two
hundred (200) square feet of gross floor area.
2.
Automobile, Truck Trailer And Mobile Home Sales And Rental Lots.
One (1) parking space for each employee and one (1) for each service
stall plus one (1) parking space for each three thousand (3,000) square
feet of open sales lot area devoted to the sale, display or rental
of units.
3.
Restaurants, Nightclubs, Taverns And Lounges. One (1) parking
space for each two (2) employees per normal working shift and one
(1) parking space for each one hundred (100) square feet of gross
floor area.
4.
Motels And Hotels. One (1) parking space for each employee per
normal working shift and one (1) parking space for each rental unit.
5.
Elementary, Junior High And Private Schools. Two (2) parking
spaces for each classroom.
6.
High Schools, Colleges Or Private Institutions For Higher Learning.
Six (6) parking spaces for each classroom and one (1) space for each
two (2) employees.
7.
Churches And Places Of Worship. One (1) parking space for each
four (4) seats in the principal place of assembly.
9.
Service Stations. One (1) parking space for each employee plus
two (2) spaces for each service bay.
10.
Manufacturing, Production, Processing And Industrial Plants.
One (1) parking space for each three (3) employees on largest working
shift.
11.
Car Wash. Three (3) holding spaces for each car washing stall
plus two (2) drying spaces for each car washing stall.
C.
Design Guidelines For Commercial Parking Lots.
1.
New businesses and new buildings in commercial or industrial
zones shall have asphalt or concrete parking lots for all required
parking spaces. Such asphalt or concrete shall be designed by a registered
State of Missouri engineer or be built to specifications as set forth
elsewhere in this Code. Merchandise display areas, such as lots for
automobile parking, where applicable, shall also require an asphalt
or concrete surface for new commercial or industrial businesses or
buildings. Asphalt or concrete parking and merchandise display areas,
where applicable, shall also be required in the following situations:
a.
Existing businesses in any commercial or industrial zone making
changes requiring a building permit.
b.
In the event of transfer of ownership or control of any business
in commercial or industrial zones, asphalt or concrete parking areas
shall be required prior to issuance of a new business license for
any such business.
c.
In the event a business in a commercial or industrial zone allows
their business license to lapse.
The Building Official and/or the City Administrator may give
written approval to the business owner that extends the business owner's
requirements for the asphalt or concrete parking or merchandise display
areas to a time to be agreed upon, but in no event greater than nine
(9) months following the issuance of their building permit or business
license. In the event that the business owner does not complete such
asphalt or concrete per the written approval, the City may revoke
their business license and/or to renew such business license.
2.
The minimum structural section for asphalt paving parking areas
shall be four (4) inches of asphalt pavement placed with a two (2)
inch bituminous base course and a two (2) inch bituminous wear course
on a minimum of six (6) inches of approved Type 5 MoDOT base compacted
to ninety-eight percent (98%) of maximum.
3.
The minimum structural section for concrete paved parking areas
shall be six (6) inches of reinforced concrete pavement on four (4)
inches of approved Type 5 MoDOT base being compacted to ninety-eight
percent (98%) of maximum. Reinforcement shall be a minimum of six
(6) inch by six (6) inch, W1.4 x W1.4, wire fabric placed by ACI standard.
The concrete mixture shall be no less than six (6) sacks of cement
with a minimum twenty-eight-day strength of four thousand (4,000)
psi (pounds per square inch) and air-entrained with five and one-half
percent (5 1/2%) air by volume, +/- one percent (1%). Supplementary
cementitous materials (SCMs) may be used to replace up to a maximum
of twenty-five percent (25%) of the Portland cement.
4.
Parking will be striped and entrances, exits and path of travel
clearly marked. Parking section shall be a minimum area of nine (9)
feet wide by eighteen (18) feet in length, plus the necessary space
for maneuvering into and out of the parking space.
5.
Handicapped accessibility guidelines will be in accordance with
Federal and local regulations.
6.
Maintenance of the concrete or asphalt parking areas will be
required. Any deterioration or severe cracking will require immediate
repairs.
7.
In all districts the off-street parking shall be provided on
the same lot on which the principal structure is located or on a lot
which is not more than one hundred (100) feet from the lot on which
the main building is located.
8.
Engineered stamped drawings will be submitted to the Building
Department for review. Drawings will show subbase and paving design,
drainage, parking layout with required parking spaces per City ordinance
and handicap accessibility or equivalent.
9.
Exit access areas and exit discharge to a public way are required
and cannot be blocked by a parking place or other barriers.
10.
The minimum width of entranceway for one-way entrance is twelve
(12) feet and for two-way entrances shall be twenty-four (24) feet.
11.
The minimum radius for edge of pavement at entrance and exit
shall be twenty (20) feet.
12.
Parking barriers or islands will need to be installed when elevation
changes or parking configurations would endanger other pedestrian
or vehicle traffic.
13.
Lighting installed in parking areas shall be of sufficient amount
to protect vehicle and pedestrian traffic. The lighting shall not
cause a hindrance to adjacent properties or highways.
14.
Commercial driveways and parking areas shall be crowned and
sloped to minimize the stormwater runoff onto the City street, neighboring
properties and the structure placed on that particular lot. All stormwater
plans, engineered and/or as-built, must be approved by the authority
having jurisdiction.
D.
Design Guidelines For Residential Driveways And Parking Areas.
1.
Residential driveway and parking area entrances shall be installed per Section 520.050. A City of Camdenton right-of-way permit shall be obtained prior to construction.
2.
Residential driveways and parking areas are not required to
be hard surfaced beyond the required entrance apron area.
3.
Residential driveways and parking areas shall be crowned and
sloped to minimize the stormwater runoff onto the City street, neighboring
properties and the structure placed on that particular lot.
4.
Residential driveways and parking areas may be installed using
aggregate (gravel), asphalt or concrete beyond the required entrance
apron area which must be hard-surfaced.
a.
An aggregate only driveway shall be composed of a minimum of
four (4) inches of aggregate compacted to ninety-eight percent (98%)
of maximum.
b.
An asphalt driveway shall be constructed of a minimum of four
(4) inches of aggregate compacted to ninety-eight percent (98%) of
maximum with a minimum of three (3) inches of asphaltic concrete.
c.
A rigid concrete driveway shall be constructed upon subgrade
compacted to ninety-five percent (95%) of maximum with a minimum of
four (4) inches nominal of air-entrained concrete with a minimum twenty-nine-day
strength of three thousand five hundred (3,500) psi (pounds per square
inch) reinforced with six (6) by six (6) wire web, approved concrete
reinforcing fibers or number three (#3) reinforcement bare (Grade
40) placed twenty-four (24) inches on center.
d.
It is recommended but not required that a rigid concrete driveway
be placed over a minimum of four (4) inches of aggregate base compacted
to ninety-eight percent (98%) of maximum.
e.
Other alternatives can be reviewed and approved by the authority
having jurisdiction.
[R.O. 1992 § 400.220; Ord. No.
1681-97 § 1, 12-2-1997; Ord. No. 1788-00 § 1, 5-16-2000; Ord. No. 2017-04 § 1, 5-18-2004; Ord. No. 2147-06 § 1, 9-5-2006; Ord. No. 2200-07 § 1, 8-21-2007; Ord. No. 2252-08 § 1, 6-3-2008; Ord. No. 2398-11 § 1, 3-15-2011; Ord. No. 2426-12 § 1, 3-20-2012; Ord. No. 2672-17, 9-19-2017]
A.
Intent And Purpose. The intent and purpose of the following provisions
is to provide sign regulations that promote the following objectives:
1.
Effective communication without excessive proliferation or size
of signage; and
2.
Protection of the public from unsafe signs by requiring proper
location, installation and maintenance, and avoiding undue distractions
to persons driving motor vehicles; and
3.
Provision of a quality community image and per the City's Comprehensive
Plan, "Destination Camdenton," thereby protecting and enhancing the
economic vitality of the City by ensuring that the City remain a desirable
place to live, visit and conduct business; and
4.
No sign is subject to any limitations based on its content.
Any sign authorized in this Section may contain any non-commercial
copy in lieu of any other copy; and
5.
To enable the fair and consistent enforcement of these restrictions.
B.
Applicability. The provisions of this Section shall govern the installation,
erection, painting or display of any outdoor sign.
C.
ANIMATION
ATTACHED
BANNER
BILLBOARD
BUILDING FRONTAGE
DISSOLVE
ERECT
FADE
FLASHING LIGHTS
FOOTCANDLE
HIGHWAY
LUMEN
MAINTAIN
MARQUEE
PAINTED GRAPHICS
PERMANENTLY ATTACHED
PREMISES
SCROLLING
SIGN
SIGN, CHANGEABLE COPY
SIGN, DETACHED
SIGN, DIGITAL
SIGN, DIRECTIONAL
SIGN, ELECTRONIC MESSAGE
SIGN, FLASHING
SIGN, FREESTANDING
SIGN, IDENTIFICATION
SIGN, INCIDENTAL
SIGN, INTERNALLY ILLUMINATED
SIGN, MARQUEE
SIGN, MULTI-TENANT
SIGN, OFF-PREMISES
SIGN, ON-PREMISES
SIGN, PORTABLE
1.
2.
3.
4.
5.
SIGN, PRIMARY
SIGN, PROJECTING
SIGN, PUBLIC SERVICE MESSAGE
SIGN, ROOF
SIGN, SECONDARY
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW
STREET, FRONTAGE
Definitions. As used
in this Section, the following terms shall have the meanings indicated:
Any action or motion, other than flashing lights, in an attempt
to develop a pictorial scene through the movement of lights or parts
of a sign.
Any sign substantially and permanently attached to, applied
on, structurally connected to, painted on or supported by any part
of a building.
All types of banners shall be classified, defined and regulated
as temporary signs.
An off-premises outdoor advertising sign. (See "SIGN, OFF-PREMISES
ADVERTISING.")
The horizontal length of that portion of a building which
faces a right-of-way.
A mode of message transition on an electronic message sign
or video display sign accomplished by varying the light intensity
or pattern, where the first message gradually appears to dissipate
and lose legibility simultaneously with the gradual appearance and
legibility of the second message.
To build, construct, install, attach, hang, place, inscribe,
suspend, affix, paint or repair.
A mode of message transition on an electronic message sign
or video display sign accomplished by varying the light intensity,
where the first message gradually reduces intensity to the point of
not being legible and the subsequent message gradually increases intensity
to the point of legibility.
A continuously intermittent light or sequential light; but
not including animation or lighting changes which change the copy
of a sign.
The unit of measure of the intensity of light falling on
a surface, equal to one (1) lumen per square foot.
U.S. Highway 54, State Highway 5 or Business Route 5.
The unit of luminous flux equal to the light emitted in a
unit solid angle by a uniform point source of one (1) candle intensity.
To permit a sign, sign structure, or any part of each to
continue, or repair or refurbish a sign, sign structure or any part
of each.
A canopy or covering structure bearing a signboard or copy
projecting from and attached to a building.
Any mosaic, mural, painting, graphic art technique, or combination
thereof placed on a wall and containing no copy, advertising symbols,
lettering, trademarks or other references to the premises or to the
products and/or service offered for sale on the premises.
Attachment by means of metal, concrete or other similar structure
which is designed to be permanent in nature.
Any one (1) tract of property that has common ownership,
control or appearance. In the case of a shopping center, strip mall
or multiple condominium units, it shall be considered as one (1) premises.
The movement, vertically or horizontally, of alphanumeric
symbols or graphics across the display area of an electronic message
sign.
A name, identification, description, display or illustration,
which is affixed to, painted or represented directly or indirectly
upon a building, or other outdoor surface which directs attention
to or is designed or intended to direct attention to the sign face
or to an object, product, place, activity, person, institution, organization
or business and where sign area means the space enclosed within the
extreme edges of the sign for each face, not including the supporting
structure or where attached directly to a building wall or surface,
the outline enclosing all the characters of the word. Signs located
completely within an enclosed building, and not exposed to view from
a street, shall not be considered a sign. Each display surface of
a sign or sign face shall be considered to be a sign.
A sign or portion thereof which has a reader board for the
display of text information in which each alphanumeric character,
graphic or symbol is defined by objects, not consisting of an illumination
device and may be changed or rearranged manually or mechanically.
|
Any on-premises freestanding sign not attached to a building.
(See "SIGNS, ELECTRONIC MESSAGE.")
An on-premises informational sign erected solely for the
purpose of traffic or pedestrian direction.
 |
An on-premises sign or portion thereof that displays electronic
images, graphics, alphanumeric symbols or pictures, with or without
text information, defined by a small number of matrix elements using
different combinations or colors of light emitting diodes (LEDs),
liquid crystal displays (LCD), fiber optics, light bulbs or other
illumination devices within the display area where the message change
sequence is accomplished immediately or by means of a fade or dissolve
modes or by scrolling. Electronic message signs include computer programmable,
microprocessor controlled electronic or digital display.
|
A sign which contains an intermittent flashing light source
or which includes the illusion of intermittent or flashing lights
by means of animation or an externally mounted intermittent light
source; any sign which any parts of the light source varies in intensity
and/or hue and flashes or appears to flash or turn on and off, or
alternates with other copy by means of rotating or otherwise moving
portions of the sign. Not to include electronic message signs.
(Poles and monument signs.) A pole sign not attached to a
building, whereby the majority or the entirety of the base of the
sign is attached directly to the ground, or attached to an elevated
landscape planter box or structure not exceeding three (3) feet in
height.
|
A sign pertaining only to the use of the premises on which
the sign is located and containing any of the following information,
unless otherwise prohibited:
A sign pertaining to a major service, commodity or facility
offered on the premises and is incidental to and subordinate to primary
signs listed in this Section.
 |
Signs where the source of the illumination is inside the
sign and light emanates through the message of the sign, rather than
reflected off the surface of the sign from an external source.
A sign attached to, in any manner, or made part of a marquee.
A freestanding sign used to advertise businesses that occupy
a shopping center or a complex with multiple tenants.
|
Any sign intended or used to advertise or inform the public
of uses, goods, services offered off the premises where the sign is
located.
Any sign designating the name of the owner or occupant of
the premises upon which the sign is placed or identifying such premises;
or advertising goods manufactured or produced or services rendered
on or listing the sale or lease of the premises upon which the entire
sign is located.
Any sign which:
Is not permanently or intended to be attached to any structure,
building or the ground; or
Is designed or constructed to be moved from one (1) location
to another; or
Is easily movable from one (1) location to another; or
Is supported in more than two (2) places by any means; or
Is attached to a pole, temporary posts, tree or other similar
object.
Identification signs are the only signs that are classified
as primary on-premises signs. Primary signs may be an attached and/or
detached sign.
 |
A sign which is attached to a building or any other structure
and which projects outward from any side of a building or other structure.
A sign shall be considered to project outward if it measures more
than twelve (12) inches and equal to or less than twenty (20) inches
away from the structure to which it is attached.
 |
An electronic or electrically controlled public service message
sign which conveys only information such as time, date, temperature,
atmospheric conditions or general news information where different
alternating copy changes are shown on the same lamp bank matrix without
giving the appearance of directional movement.
|
A sign erected on or above a roof, parapet or roof eave when
installed in a manner such that the sign or any portion thereof extends
beyond the limits of the visible surface of the roof or wall when
viewed from normal eye level from the center line of the adjacent
public right-of-way.
 |
Secondary signs shall include the following on-premises signs:
changeable copy signs, electronic message signs and incidental signs.
A sign that is not illuminated and is not permanently installed
or affixed to any sign structure or building and/or any sign intended
to be used for a limited time period.
Any sign attached and parallel to a wall or similar architectural
element that is an integral part of the building.
 |
Any sign painted on, attached to or displayed in a window
so as to direct attention of persons outside the building.
 |
The horizontal length of the property line which faces a
right-of-way.
D.
Sign Regulations — General.
1.
Sign Permit Required. It shall be unlawful for any person to erect, repair, enlarge, alter or relocate a sign within the City of Camdenton without first obtaining a sign permit which has been duly approved and issued by the Zoning Inspector. This provision shall not apply to signs listed under Section 400.270(E)(2).
2.
Permit Required; Penalties And Enforcement.
a.
The City Zoning Inspector or any person acting as the appointed
designee shall be responsible for the enforcement of this Section
and the issuance of sign permits. In the absence of the City Zoning
Inspector, the City Administrator or any person acting at their direction
may enforce the provisions of this Section.
b.
Any person may apply to the City Board of Adjustment should
they request permission to construct a sign which does not comply
with the provisions of this Section.
c.
The following are jointly and each fully responsible for a sign
being erected and assuring it meets the requirements of this Section:
the owner of the sign, the owner and any lessee of the property upon
which the sign is located and the person erecting the sign.
d.
Enforcement of this Section may be any one (1) or more of the
following:
(1)
Signs erected in violation of this Section may
be removed by City employees without notice to the sign owner. Such
signs shall be stored by the City for a period of fifteen (15) days
after which the City may destroy or dispose of such sign if not claimed.
(2)
Violators of this Section may be cited to appear
in Municipal Court and be fined or jailed to the maximum extent allowed
by law. Each day a sign exists in violation of this Section shall
be deemed a separate offense.
(3)
The City may refuse to renew a business license
of a business having a sign in violation of this Section.
3.
Permit Application. Application for a sign permit shall be submitted
to the Zoning Inspector and shall contain or have attached thereto
the following information:
a.
The names, addresses, and phone numbers of the applicant, the
owner of the property on which the sign is to be erected or affixed,
and the company to be erecting or affixing the sign.
b.
A set of plans (to scale) and specifications of the sign to
be erected or affixed, detailing the method of construction and attachment
to the building or ground. Such plans and specifications shall include
information on material, dimensions (size and height) and electrical
details (if applicable) and all other information required by the
Zoning Inspector to determine compliance with this Section and the
building codes.
c.
Elevations, renderings, or drawings of the sign face or sign
message.
d.
For any freestanding sign or projecting sign, the applicant
shall submit a site plan drawn to scale, locating such signs by dimensions
from lot lines.
e.
Written consent of the property owner upon which the sign is
to be erected or affixed, if different from the applicant.
f.
Wind shear, ice, and snow loads and professional design may
be required for all freestanding signs at the discretion of the Zoning
Inspector.
g.
Such other information as may be determined necessary by the
Zoning Inspector to determine compliance with this Section or other
applicable codes.
4.
Determination Of Sign Area. The following regulations shall
govern the determination of the sign area:
a.
The effective area of a sign shall be computed from the area
enclosed by the perimeter upon which sign copy is placed, except that
when individual letters, numbers, logo, etc., are mounted individually
and directly upon a building surface without a change in the color
or appearance of the surface background, the effective area of the
sign shall be deemed to be the rectangle or other geometric from that
encompasses the letters, numbers, logo, etc. One (1) face of a double-sided
sign shall be used to determine effective area.
b.
The posts or other supporting structures associated with a pole
sign shall not be included in computing the sign area. In computing
the sign area for a monument sign, the entire area of the sign shall
be considered, exclusive of its elevated landscape planter box or
base structure.
c.
For two-sided, multi-sided, or three (3) dimensional signs,
the sign surface area shall be computed by including the total of
all sides designed to attract attention or communicate information
that can be seen at any one (1) time by a person from one (1) vantage
point. Without otherwise limiting the generality of the forgoing:
(1)
The sign area of a double-faced, back-to-back sign
shall be calculated by using the area of only one (1) side of such
sign, so long as the distance between the backs of such signs does
not exceed five (5) feet.
(2)
The sign surface area of a double-faced sign constructed
in the form of a "V" shall be calculated by using the area of only
one (1) side of such sign (the larger side if there is a difference),
so long as the angle of the "V" does not exceed thirty degrees (30°).
5.
Maintenance.
a.
All signs and components thereof shall be maintained in good
order repair, free of rust, peeling, flaking, fading, broken or cracked
panels, and broken or missing letters. All signs, components, supports
and their surroundings shall be maintained in a safe, clean and attractive
condition.
b.
When any sign becomes insecure, in danger of falling or otherwise
unsafe, or if any sign is unlawfully installed, erected or maintained
in violation of any of this Section or other applicable codes of the
City, the property owner, or the person or firm maintaining the sign,
shall remove the sign or make such sign conform to this Section or
other applicable codes of the City. The Zoning Inspector may issue
a written order for removal or compliance which shall be complied
with within ten (10) days. If within ten (10) days the order is not
complied with, the Zoning Inspector or their designee may have such
sign removed at the expense of the property owner, lessee, or other
person responsible therefor. In the event a sign is an immediate danger
to the public, the Zoning Inspector may have such sign removed or
secured without notice to the person responsible for such sign.
6.
Miscellaneous Regulations — Building Code Requirements.
a.
All signs shall comply in every respect with the Building and
Fire Code of the City of Camdenton, and the following:
(1)
No sign shall be erected, displayed, or maintained
so as to obstruct any fire escape, any exitway, window or door opening
used as a mean of egress, or to obstruct any other means of egress
required by the building/fire code of the City of Camdenton; and
(2)
No sign shall be erected, displayed or maintained
in a manner that interferes with any opening required for ventilation
under the building/fire code of the City of Camdenton.
b.
Sign Illumination. Internal and external illumination of signs
shall concentrate the illumination upon the area of the sign so as
to prevent glare upon the street or adjacent property.
c.
Signs Not To Constitute Traffic Hazard. No sign shall be erected
in such a manner as to obstruct free and clear vision; or at any location
where, by reason of the position, shape or color, it may interfere
with, obstruct the view of, or be confused with any authorized traffic
sign or signal.
d.
Electrical Hazards. No freestanding sign shall be erected within
ten (10) feet or less of any line conductors, service drops or power
lines without approval of the appropriate utility company.
E.
Sign Regulations — All Zoning Districts.
1.
Prohibited Signs. The following types of signs are prohibited
in all zoning districts of the City of Camdenton:
a.
Moving signs of which all or any part of the sign moves or which
appears to move by any means, including fluttering or rotating. This
prohibition includes but is not limited to pennants, streamers, or
propellers. This prohibition does not include feather flag banners
or inflatable signs.
b.
Signs with flashing lights, except lamp bank type bulletin boards,
reader boards and electronic message signs, and illuminated signs
which indicate the time, temperature, weather or similar information
provided that the total area of the sign is not greater than thirty-two
(32) square feet and the color or intensity of light is constant,
except for periodic changes in the information display.
c.
Strips or strings of lights outlining property lines or sales area(s). This prohibition does not include lights placed on the building in celebration of seasonal holidays. See Subsection (E)(1)(b) above.
d.
Signs on public land or public right-of-way. This includes utility
poles, stop signs, street signs, traffic lights, etc.
e.
Portable Signs. Signs that are not securely affixed to the ground
or otherwise affixed in a permanent manner to an approved supporting
structure.
f.
Signs attached to, or placed on any vehicle, including a trailer
that is parked in public view on private or public property. This
provision is not to be construed as prohibiting the identification
of a firm or its principal products on a vehicle operating during
normal course of business or parked after business hours. This prohibition
does not include vehicle wraps.
g.
Temporary signs which do not comply with all provisions of this
Section.
h.
Obsolete signs remaining sixty (60) days after they become obsolete.
i.
Signs installed, erected, enlarged or structurally altered in
violation of the provisions of this Section.
j.
Signs which have become deteriorated or damaged to an extent
that the cost of the reconstruction or restoration of such signs is
in excess of fifty percent (50%) of its replacement value exclusive
of foundations.
k.
Other signs not expressly permitted by this Section.
2.
Permitted Signs. Except as otherwise limited in this Section,
the following types of signs are permitted, without a sign permit,
in all zoning districts within the City of Camdenton:
a.
Temporary signs, generally:
(1)
Temporary signs may be located on the owner's property
for a period of thirty (30) days prior to an election involving candidates
for a Federal, State or local office that represents the district
in which the property is located and as specified in Table 400.270.[1] Such temporary signs shall be removed within seven (7)
days after any such election.
[1]
Editor's Note: Table 400.270 is included as an attachment
to this Chapter.
(2)
One (1) temporary sign may be located on a property
when the owner consents and that property is being offered for sale
or lease any time prior and up to the date of possession by a person
purchasing or leasing the property. Size limitations are specified
in Table 400.270.
(3)
A property owner may place and maintain one (1)
temporary sign on the property in conjunction with traditionally accepted
patriotic, religious, seasonal celebrations, holidays or community
events.
(4)
Temporary lawn signs as specified in Table 400.270
may be placed on premises no more than five (5) days prior to a garage
sale with a City-authorized garage sale permit.
(5)
Official public notices and notices posted by a
public authority in accordance with public notice requirements as
may be required by law.
(6)
Temporary signs must be located at least twenty (20) feet from
the edge of the paved surface of public roadways.
[Ord. No. 2885-21, 9-6-2021]
b.
Business directional and wayfinding signs posted by the City
of Camdenton.
c.
Governmental signs for the control or direction of traffic and
other public purposes, such as neighborhood watch program signs, historical
markers and plaques, or temporary emergency signs.
d.
"No Parking" or "No Trespassing" signs which are no larger than
two (2) square feet in gross sign area.
e.
Tablets or plaques in building walls denoting names of buildings,
names of officers and officials and date of erection when cut into
any masonry surface or when constructed of bronze or other similar
material.
f.
Address numbers.
g.
Signs required for accessibility and required by the Americans
with Disabilities Act.
h.
Flags. Flags of any nation, State, County, City, church, community
or school program or other government unit. Flags are limited to a
total of four (4) flags.
i.
Vehicular Signs. Any permanently attached vehicular sign with
business information attached to such vehicle shall be exempt. No
sign shall be allowed which extends outward from the original vehicle
body in any manner (lettering must be on the vehicle and not on a
sign attached to the vehicle). Signs are painted, vinyl or wrapped.
j.
Emergency Replacement Sign. In the event a permanent sign is
substantially damaged through fire, flood, act of God, insurrection
or similar emergency beyond the control of the business owner or occupant,
a temporary sign shall be allowed for a period of time not to exceed
ninety (90) days.
k.
Window Signs. Window signs are allowed in commercial zoning
districts, except the total area of such signs shall not block more
than fifty percent (50%) of the total glass frontage area of the business.
This shall include lighted "open" signs. Window signs shall not include
flashing, animated or electronic message signs.
F.
Sign Regulations — Residential Uses.
1.
It shall be unlawful to erect, permit the erection of, display
or permit the display of any sign in connection with a residential
use or in a residential zoning district unless such sign is expressly
permitted by this Section, subject to all limitations and provisions
stated herein.
a.
Single-Family And Two-Family Residential Zoning Districts And Uses. No signs other than those permitted under the provisions of Section 400.270(E)(2) above and Table 400.270 shall be permitted in "R" districts or residential use areas.
b.
Multifamily Residential Zoning Districts And Uses. No signs other than those permitted under the provisions of Section 400.270(E)(2) above and Table 400.270 are permitted.
c.
Subdivision Signs. Up to two (2) permanent subdivision or development
signs [one (1) on each corner of the entry street] not to exceed thirty-two
(32) square feet in size each, inclusive of any logo, shall be allowed
for any planned development, subdivision, multifamily or condominium
development with ten (10) or more lots or units, or any commercial
or industrial subdivision, or commercial/industrial planned development
with five (5) or more lots. Where the subdivision or development has
access on two (2) or more streets, or has more than one (1) entrance
on one (1) street, identification signs shall be allowed at each entrance.
All such signs shall be monument signs.
G.
Sign Regulations — Non-Residential Uses.
1.
It shall be unlawful to erect, permit the erection of, display
or permit the display of any sign in connection with any non-residential
use or in a non-residential zoning district unless such sign is expressly
permitted by this Section, subject to all of the limitations and provisions
stated herein.
a.
Classification Of Signs. For purposes of this Section, signs
shall be classified as primary signs, secondary signs, and special
purpose signs.
(1)
Identification signs are the only signs which are
classified as primary signs.
(2)
Secondary signs shall include the following signs:
bulletin boards (changeable copy signs and electronic message signs),
incidental signs, public service message signs, and temporary promotional
displays.
(3)
Special purpose signs are limited to directional
signs, parking direction signs, parking regulation signs, directional
signs, shopping center identification signs and marquee signs.
2.
Signs in a "C-1" Zoning District. No off-premises signs, portable
signs, detached signs, inflatable signs or changeable copy signs shall
be allowed in a "C-1" zoning district. Electronic message signs shall
be limited to one (1) per business and be limited to a maximum of
six (6) square feet in area.
3.
Wall-Mounted Signs. Permanently attached, flush-mounted, exterior wall primary signs may be used. No more than three (3) additional secondary signs, pursuant to Subsections (G)(7) and (8) shall be placed on the exterior of any one (1) business on the building frontage. The total effective sign area for all such signs shall not exceed total square footage equaling one hundred (100) square feet. In the event a premises faces more than one (1) street, each side facing a street may be allowed such signage. In no case shall an attached wall-mounted sign project above a roofline or beyond a wall edge more than twenty (20) inches. Such signs shall not be off-premises signs or portable signs.
4.
Detached Signs Not Located Along A Highway Or Business Route.
A non-residential premises not located along Highway 5, U.S. Highway
54 or Business Route 5 and not in a "C-1" zoning district shall be
permitted one (1) detached sign limited to a maximum effective area
of eighty (80) square feet and a maximum height above finished grade
of twenty (20) feet to the top of the sign structure. No off-premises
or portable signs are allowed.
5.
Detached Signs Along Highway 5, U.S. Highway 54 And Business
Route 5. A premises located along Highway 5, U.S. Highway 54 or Business
Route 5, not in a "C-1" zoning district, shall be permitted the following:
a.
Number Of Signs:
|
Street Frontage
|
Number of Detached Signs
|
|---|---|
|
< 150 feet
|
1
|
|
150 to 250 feet
|
2
|
|
> 250 feet
|
3
|
b.
c.
Height Of Signs. The maximum height of a sign shall equal highway
frontage multiplied by two-tenths (0.2) [limited to a maximum height
of thirty (30) feet].
e.
Sidewall Signs. Licensed businesses located along Highway 5, U.S. Highway 54 or Business Route 5 may elect to construct additional permanent wall-mounted sign(s) on the sides of their building pursuant to Subsection (G)(3) herein except that the maximum area of combined side wall signage shall be fifty (50) square feet per side. These signs shall not include portable signs, off-premises signs or changeable copy signs.
6.
Shopping Centers, Multiple Businesses And Commercial Complex
Occupied By More Than Two (2) Tenants. Shopping centers or complexes
of businesses which are a part of a row of connected buildings shall
be limited as follows:
7.
Changeable Copy Signs. Changeable copy signs, where allowed
by this Section, shall meet the following requirements:
a.
Not greater than thirty-two (32) square feet each.
b.
No more than one (1) detached changeable copy sign [pursuant to Subsection (G)(5)], one (1) wall-mounted changeable copy sign [pursuant to Subsection (G)(3)] and one (1) incorporated changeable copy sign [pursuant to Subsection (G)(4) and (5)] incorporated as part of a primary detached on-premises sign but in doing so shall not comprise over thirty-five percent (35%) of the total sign area of that sign.
c.
Any such detached changeable copy sign must be permanently attached
and must not be attached to the ground at more than two (2) points.
e.
Persons owning such changeable copy signs shall assure that all copy stays in place upon such sign. In the event that a changeable copy sign is not maintained by maintaining legible copy on the sign for sixty (60) days, it shall be deemed abandoned and treated accordingly under Subsection (D)(2) and (I) herein.
f.
The background of changeable copy signs shall be white or off-white
background only. Copy for such changeable copy signs shall be no greater
than eight (8) inches in height.
8.
Electronic Message Signs.
a.
No electronic message sign shall be installed within two hundred
fifty (250) feet of a residential zoning district.
b.
No electronic message sign shall advertise for businesses, goods
or products not located on the premises on which the sign is located.
This shall not prohibit general messages to the public such as community
events, birthdays, etc.
c.
Auto-Dimming Technology. All electronic message signs shall
be equipped with auto-dimming technology to account for the variations
in ambient lighting. The standard for brightness adjustments as ambient
light intensity declines or increases shall be a maximum increase
of light intensity from the digital sign of three-tenths (0.3) footcandles
over ambient levels at the prescribed distances based on the size
of the sign and established by the International Sign Association.
d.
Sign Contractor's Affidavit For Digital Signs. The sign contractor
shall present the signed affidavit of compliance upon making the request
for final inspection.
e.
Operational Limitations. Such displays shall contain static
messages, static graphics or static pictorial images, animation and
video under the following limitations.
f.
Alphanumeric messages may scroll vertically, diagonally or horizontally
as long as the message does not flash, scintillate or vary in light
intensity. The traditional primary colors of red, yellow and blue
shall not be used as solid background colors. A white solid background
shall not be used except for testing purposes. Displays shall not
flash, scintillate or vary in light intensity in such a way as to
be a distraction whether the message is static, scrolling, animated
or video message.
g.
Minimum Static Display Time. Each message on the sign must be
displayed for a minimum of two (2) seconds. Transitions shall be no
more than three (3) seconds. Not greater than thirty-two (32) square
feet each.
h.
No more than one (1) detached electronic message sign [pursuant to Subsection (G)(5)], one (1) wall-mounted electronic message sign [pursuant to Subsection (G)(3)] and one (1) electronic message sign [pursuant to (G)(4) and (5)] incorporated as part of a detached on-premises sign but in doing so shall not comprise over sixty percent (60%) of the total sign area.
i.
Any such detached electronic message sign must be permanently
attached and must not be attached to the ground at more than two (2)
points.
k.
Electronic message signs shall be equipped with software programming
controls that automatically turn off the sign if the display is malfunctioning
in any way.
9.
Roof Signs.
a.
Licensed businesses located along Highway 5, U.S. Highway 54 or Business Route 5 may elect to construct one (1) roof sign in lieu of the three (3) additional secondary signs allowed per Subsection (G)(3).
b.
Roof signs used in lieu of the three (3) secondary signs are limited to fifty percent (50%) of the allowed square footage per Subsection (G)(3). Roof signs shall be a maximum of four (4) feet in height above the surrounding roof surface or surrounding wall parapets, whichever is greater.
c.
The structure of all roof signs shall be designed by a State
of Missouri registered engineer who will account for wind, ice, snow,
dead and live loads for the sign and the roof structure to which the
roof sign is attached.
d.
Roof signs can be internally or externally illuminated.
e.
Roof signs shall be set back a minimum of three (3) feet from
the edge of the exterior wall when placed on a flat or semiflat roof.
f.
Roof signs may not be displayed on properties displaying projecting
signs or freestanding signs. Roof signs shall not include changeable
copy or electronic message signs.
H.
Off-Premises Signs And Billboards.
1.
Only On Highways 5 And 54. Off-premises signs and billboards
shall be located only along U.S. Highway 54 and Highway 5 and may
not be placed in a "C-1" General Commercial District. Off-premises
signs and billboards shall be subject to the regulations set forth
herein and under Sections 226.500 to 226.600, RSMo., and other State
and Federal laws pertaining to such signs. To the extent the regulations
of this Section differ from the provisions of Section 226.500 to 226.600
RSMo., and other State and Federal laws, the regulations of this Section
shall apply.
2.
No off-premises sign or billboard shall be located within one
thousand (1,000) feet of any residential zoning district.
3.
Lighting. No flashing, revolving, intermittent or moving light
shall be permitted on any off-premises sign. No sign shall be illuminated
so that it interferes with the effectiveness or obscures any traffic,
traffic sign, device or signal. Lighting of off-premises signs shall
be permitted, subject to the provisions of Section 226.540, RSMo.
Shielding of fixtures is required to mitigate illumination and glare
upon adjacent properties.
4.
Types Of Signs. No changeable copy sings shall be permitted
on any off-premises sign.
5.
Size Of Signs. The maximum area for any one (1) sign shall be
seven hundred (700) square feet with a maximum sign face height of
fifteen (15) feet and overall sign height, including structure shall
be forty (40) feet and length of fifty (50) feet, inclusive of border
and trim but exclusive of structural supports. Such off-premises sign
shall be limited in square feet of effective area equaling: Highway
frontage of the lot on which the sign is located multiplied by seven
(7.0). No off-premises sign signs shall be permitted on premises with
less than one hundred (100) feet of highway frontage on Highway 5
or U.S. Highway 54.
6.
Height Of Signs. The total maximum height of any off-premises
advertising sign or billboard shall be thirty (30) feet as measured
from the average public street elevation closet to the base of the
sign.
7.
Spacing Of Signs. No off-premises advertising sign or billboard
may be erected within one thousand four hundred (1,400) feet of any
other off-premises advertising sign or billboard on the same side
of the right-of-way.
8.
Not In The Right-Of-Way. No off-premises sign or billboard shall
be located in the highway or City right-of-way.
9.
Not Near Interchange. No off-premises sign or billboard shall
be located closer than five hundred (500) feet to a highway interchange
existing or approved for construction by the Missouri Highway and
Transportation Department. Such five hundred (500) feet shall be measured
from the beginning or ending of the pavement widening at the exit
from or entrance to the main traveled way.
10.
Proximity To Highway. No off-premises advertising sign or billboard
shall be erected closer than fifty (50) feet to the right-of-way of
Highways 5 and/or 54.
11.
One Sign. No more than one (1) off-premises sign or billboard
of any size shall be placed upon any premises or parcel.
12.
No Other Signs. Off-premises signs greater than two hundred
(200) square feet shall not be located on any premises upon which
any other type of detached sign (on-premises or off-premises) exists.
13.
Electronic Signs. A permit may be granted for an electronic
message sign display that maintains a continuous static message without
blackness or disruption provided:
a.
The static display time for each message is a minimum of eight
(8) seconds.
b.
The time to completely change from one (1) message to the next
is a maximum of two (2) seconds.
c.
The change of message must occur simultaneously for the entire
face.
d.
The image shall not flicker or flash in accordance with this
Code.
e.
No electronic image or message shall appear to move or be animated.
f.
Any such sign shall be designed such that the sign will freeze
in one (1) position if a malfunction occurs.
14.
Detailed Application And Permits. An application to construct
an off-premises sign or billboard shall include:
a.
A set of plans, to scale, approved and sealed by a licensed
engineer providing all necessary construction and electrical details
of the sign and sign structure, including height.
b.
A sign plan, to scale, containing: the proposed location of
the sign on the property; the distance from the proposed sign location
to any buildings and adjoining street right-of-way lines and driveway
entrances; proposed sign location to the next nearest billboard sign;
the distance from the proposed sign location to the nearest street
intersection in either direction; other information deemed necessary
by City Officials; a representation of the proposed sign, to scale,
including the width and length of the sign faces and height from surrounding
grade.
c.
The Zoning Inspector shall not issue a permit as required under
this Section without a permit having first been issued by the Missouri
Department of Transportation and filed with the Administration Department.
d.
A one-time fee of five hundred dollars ($500.00) shall be charged
for new off-premises sign and billboard installations. No annual fees
are required.
I.
Non-Conforming And Abandoned Signs.
1.
All non-temporary signs which have been lawfully erected prior
to the enactment of this Section, shall be deemed to be legal and
lawful signs and shall be maintained in good condition subject to
the provisions of this Section.
2.
Non-conforming signs which become deteriorated or dilapidated
must be removed within sixty (60) days or bought into compliance with
the provisions of this Section within the same sixty-day period.
3.
Non-conforming signs may be structurally repaired, but such
signs shall not be moved, enlarged or increased in height. Non-conforming
signs that are enlarged or increased in height in violation of this
Section shall be removed immediately.
4.
The face of non-conforming sign may be repaired but it may not
be altered.
5.
Signs abandoned or discontinued for a period of sixty (60) days
shall be removed at the owner's expense. A sign shall be considered
abandoned or discontinued if the services or products advertised are
no longer available at the location or by directions indicated on
the sign, or if the sign no longer has an advertising message other
than the name of the owner on any part of the sign.
J.
Severability. This Section and the various components, Articles,
Sections, Subsections, sentences and phrases are hereby declared to
be severable.
1.
The Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Section are severable, and if any phrase, clause, sentence,
paragraph or Section of this Section shall be declared unconstitutional
or otherwise invalid by the valid judgement or decree of any court
of any competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, or Sections of this Section since the same would have
been enacted by the Board of Aldermen without the incorporation in
this Section of any unconstitutional or invalid phrase, clause, sentence,
paragraph or Section.
[R.O. 1992 § 400.230; CC 1984 § 42.290; Ord. No. 1582-95 § 1, 6-20-1995; Ord. No. 1748-99 § 1, 5-4-1999; Ord. No. 1949-03 § 1, 5-20-2003; Ord. No. 2415-11 § 1, 9-20-2011]
A.
Fences At Street Intersections. At street intersections a triangular
area measured forty (40) feet from the corner along each curb line
shall be maintained free and clear of fences, hedges, or shrubbery
plantings which will obstruct a driver's vision.
B.
Barbed Wire Fences. No person, firm or corporation shall maintain,
erect, build or construct or cause to be erected, built or constructed
within the corporate limits of the City a barbed wire fence partially
or wholly around any property, street or alley, lane, avenue or public
highway or road or in front of any public place or space except as
follows:
C.
Electrical Fences. It shall be unlawful for any person, firm or corporation
to erect, build, construct or maintain any fence charged or connected
with an electrical current in such manner as to transmit such current
to persons, animals or things which may come in contact with such
charged fence. An electric fence may be constructed and maintained
in an "A-1" General Agricultural District but a setback distance of
a minimum of twenty-five (25) from the property line must be maintained
when the property abuts a residential or commercial zoning district.
D.
Other Prohibited Fences. Fences with sharp or pointed tops, affixed
spikes, projected nails, or other poured in instruments of any kind
or description are prohibited.
E.
Except as provided, no fence may be erected, built, installed or maintained on those parts of a lot that are closer to the main street than the front of the main building. In the event that no main building exists, such fence shall maintain the front setback requirement of Section 400.200 herein. Fences in an "A-1" General Agricultural District are exempt from this requirement pursuant to Section 400.280(C).
F.
All metal fences shall be constructed of a rustproof metal that is
no more than eight (8) gauge in diameter. All metal fences shall be
maintained in such a manner that is aesthetically pleasing and for
the prevention of possible safety hazards.
G.
All wood fences shall be maintained in such a manner as to protect
the structural integrity of the wood, and shall be maintained in an
aesthetically pleasing manner. The intent is to promote the development
of sound and well-planned areas within the City that will not cause
a depreciation of adjacent values.
H.
Prior to any fence being erected, built, or installed on a lot, the property owner or his/her agent shall make application for a building permit on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Building Inspector. The fee charged for such permit shall be in accordance with Chapter 500, Building Regulations.
[R.O. 1992 § 400.235; Ord. No.
1464-93 § 1, 2-2-1993; Ord. No. 1474-93 § 1, 3-16-1993]
A.
Applications for conditional use permits for uses specifically authorized
for conditional consideration in the district use regulations shall
be made to the City Administrator. The City Administrator shall refer
the application to the Planning and Zoning Commission for investigation
and public hearing. Adjoining property owners within one hundred eighty-five
(185) feet shall be notified by First Class Mail of the request and
hearing date.
Following a public hearing, the Planning and Zoning Commission
shall vote on a recommendation to either approve or deny the request.
A record of the recommendation shall be forwarded to the Board of
Aldermen and shall include the wording of the motion and the action
taken. Upon receipt of a recommendation from the Planning and Zoning
Commission, the Board of Aldermen shall conduct a public hearing and
either approve or deny the request or continue action for a period
of not more than forty-five (45) days. Should the Planning and Zoning
Commission fail to forward a report of their action to the Board of
Aldermen within sixty (60) days of the date of referral to the Planning
and Zoning Commission, it shall be assumed that the Planning and Zoning
Commission has recommended approval of the request. No application
for a Conditional Use Permit will be accepted if it is the same or
substantially the same as an application submitted within the previous
twelve (12) months and which was denied by the Board of Aldermen or
withdrawn by the applicant.
B.
Before authorizing the issuance of such a Conditional Use Permit,
the Board of Aldermen shall satisfy itself that:
1.
The establishment, maintenance or operation of a Conditional
Use Permit will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
2.
The Conditional Use Permit will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purposes already permitted by these regulations.
3.
The Conditional Use Permit will not substantially diminish or
impair property values of existing properties in the neighborhood.
4.
All necessary facilities will be available, including but not
limited to utilities, roads, road access and drainage.
5.
The establishment of a Conditional Use Permit will not impede
the normal and orderly development and improvement of surrounding
property for uses permitted in the Zoning District.
6.
The establishment of a Conditional Use Permit will not hinder
the flow of traffic or result in traffic congestion on the public
streets. This will include the provision of points of access to the
subject property.
7.
The Conditional Use Permit shall in all other respects conform
to the applicable regulations of the Zoning District in which it is
located. The Board of Aldermen shall find that there is a public necessity
for the Conditional Use Permit.
C.
Any approved Conditional Use Permit must be utilized within one (1)
year of approval by the Board of Aldermen, unless a longer period
of time is approved for initial utilization. Failure to exercise an
approved permit within this period of time will automatically invalidate
the permit. An invalidated permit can only be renewed by reapplication
and approval as outlined above. If a use authorized by a conditional
use permit ceases for twelve (12) months, said permit shall become
void.
D.
In the event that it appears to the City Administrator that the holder
of a Conditional Use Permit is making use of the permit or premises
in violation of the permit, or is permitting others to use the permit
or premises in violation of the permit, the City Administrator may
file a written complaint with the Board of Aldermen, which for cause
shown, shall have authority to revoke the permit. The City Administrator
shall send a copy of the complaint to the holder of the permit, by
First Class Mail to his/her last known address at least forty-five
(45) days prior to a scheduled public hearing to consider revocation
of a permit. The City Administrator shall prove by a preponderance
of the evidence that violation(s) of one or more conditions of the
permit has occurred and shall show cause as to why the permit should
be revoked. If the Board of Aldermen finds that one or more conditions
have been violated, upon hearing the evidence of the Director and
the permittee, it may revoke the permit. Failure of the permittee
to appear at the Board of Aldermen hearing or to present evidence
shall not constitute grounds to avoid revocation of the permit. The
City Administrator may, in his/her discretion, dismiss the complaint
prior to hearing if he/she determines that the violation(s) alleged
in the complaint has been corrected.
E.
Applications shall include the following minimum information:
1.
The name, address and telephone number of the property owner
and the potential buyer or lessee of the property. Corporate applicants
shall list the names, titles and addresses of the Officers and the
Board of Directors of the corporation. A copy of the corporate certificate
of good standing with the State of Missouri shall be attached.
2.
A legal description of the property included in the request.
Proof of ownership by the applicant shall be attached to the application.
3.
The present zoning of the land included in the request.
4.
The present use of land included in the request.
5.
The size of tract included in the request, broken down either
by acreage or square feet.
6.
The zoning of land adjacent to the land included in the request.
7.
The proposed use of land if the permit is approved. This description
should be as complete as possible.
8.
The classification of conditional use requested, the reason
or the justification for the request being submitted and a sketch
of the tract of land showing existing structures and proposed structures.
9.
The approximate size, use and location of any structures on
the property, including wastewater systems. This shall include both
existing structures as well as structures that will be built if the
permit is approved.
10.
The signature of the property owner or his/her authorized agent
and the signature of any potential buyer or lessee or his/her authorized
agent. In the absence of the signature of the owner, the applicant
shall attach a written power of attorney signed by the owner.
11.
The names and addresses of all property owners owning land within
one hundred eighty-five (185) feet of the property under consideration
for a conditional use permit.
12.
A check in the amount of one hundred dollars ($100.00).
13.
The application shall include the floor plan and front elevation
view of any built structure proposed to be constructed.
14.
Failure to provide any of the required material will result
in the invalidation of the application.
F.
It is the applicant's responsibility to demonstrate to the Planning
and Zoning Commission and the Board of Aldermen by competent, substantial
evidence that the requirements of the standards for granting a conditional
use permit set forth in this Section are satisfied.
[R.O. 1992 § 400.236; Ord. No.
1474-93 § 1, 3-16-1993; Ord. No. 1891-02 § 2, 5-21-2002]
Adult businesses, adult entertainment businesses, massage parlors,
bathhouses and modeling studios shall be located in a "C-2" Zoning
District. The premises of such businesses shall not adjoin a residentially
zoned property. Such premises shall not be located within five hundred
(500) feet of any school, church, public park, licensed child care
center or licensed child care home. Such premises shall not be located
within five hundred (500) feet of any other adult business, adult
entertainment business, massage parlor, bathhouse or modeling studio.
Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the nearest point on the property line
of the applicant's business to the nearest point of the property line
of such other property to which measurement is being made.
[Ord. No. 2743-19, 5-21-2019; Ord. No. 2756-19, 7-16-2019; Ord. No. 2788-20, 1-21-2020; Ord. No. 2938-23, 2-21-2023]
A.
Purpose. The City of Camdenton desires to protect the public health and safety by establishing reasonable regulations on marijuana related businesses and qualifying patient cultivation regarding noise, air quality, neighborhood safety, security, other health and safety concerns, and time, place, and manner restrictions on marijuana facility operations. The definitions contained in Section 400.010 shall apply to the terms used herein.
B.
Marijuana Facilities.
1.
No comprehensive facility or marijuana microbusiness facility
shall be located within one thousand (1,000) feet of any elementary
or secondary school, day care or church.
4.
Carbon Dioxide Enrichment Systems. The use of CO2 enrichment
systems shall be governed by Chapter 53 and particularly Section 5307
of the currently adopted Edition of the International Fire Code.
C.
Measuring
Distances Between Facilities And Prohibited Areas. In the 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 properly 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. 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. Measurements shall be made alone the shortest path between
the demarcation points that can be lawfully traveled by foot.
D.
Protection Of Potable Water Systems. All cultivation, manufacturing
and testing facilities shall protect the City's potable water system
by the installation of an appropriate back-flow prevention device
or devices. The type of device(s) used will be determined by a registered
engineer based upon the degree of the hazard and per the current adopted
Edition of the International Plumbing Code and MoDNR approved devices.
E.
Wastewater And Liquids. All wastewater and liquids generated in cultivation, manufacturing and testing facilities will be disposed of in compliance with all Federal, State and local laws. Hazardous and toxic waste liquids and substances that might harm the City's sewer system may not be disposed of via the City's sewer system per Section 700.150 and 700.160 of this Code. All wastewater that shall be disposed of via the City's sewer system shall be treated as "special waste" per the current adopted International Plumbing Code and shall be neutralized per code and by an engineered neutralization system.
F.
Odor Control And Ventilation.
1.
All comprehensive facilities and marijuana microbusiness facilities
will be required to control all odors and ventilation via current
State regulations and the City's current adopted International Mechanical
Code. Odor and ventilation systems shall be designed by a registered
mechanical engineer or a certified industrial hygienist.
2.
Marijuana dispensary facilities and microbusiness dispensary
facilities shall not emit any odor of marijuana which is capable of
being smelled by a person of ordinary sense outside of the boundary
of the building in which the facility is located.
G.
Security Of Facilities. All facilities shall be secured per current
State of Missouri regulations but in no case shall these security
measures negate any emergency egress requirements per the City's current
adopted Editions of the International Building Code and International
Fire Code.
H.
Residential Cultivation And Use Of Marijuana.
1.
The smell or odor of marijuana being smoked, vaped or grown
within the primary dwelling unit shall not be capable of being detected
by a person of normal senses from any adjoining dwelling unit, adjoining
lot, parcel or tract of land not owned or rented by the primary residence,
or from any adjoining right-of-way.
2.
Marijuana may not be grown, cultivated, or processed out-of-doors
or in any associated yards.
