[HISTORY: Adopted by the Board of Aldermen of the City of
Parkville 2-7-2017 by Ord. No.
2884. Amendments noted where applicable.]
[Ord. No. 3067, 4-6-2021]
A. Intent. It is the intent of this Section to:
1.
Encourage the location of towers in non-residential areas.
2.
Encourage users of towers and antennas to locate them, to the
extent possible, in areas where the adverse impact on the community
is minimal.
3.
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas.
4.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently.
B. Applicability.
1.
District Height Limitations. The requirements set forth in this
Section shall govern the location of towers that exceed, and antennas
that are installed at a height in excess of, the height limitations
specified for each zoning district. The height limitations applicable
to buildings and structures shall not apply to towers and antennas.
2.
Amateur Radio — Receive-Only Antennas. This Section shall
not govern any tower, or the installation of any antenna, that is
under seventy (70) feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
3.
City Rights-Of-Way. All requirements of towers, antennas and
associated equipment and facilities shall equally apply to any application
for antenna or tower placement within City rights-of-way.
4.
Preexisting Towers And Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Section of the Municipal Code shall not be required to meet the requirements of this Section, other than the requirements of Subsections
(C)(8) and
(E). Any such towers or antennas shall be referred to in this Section as "preexisting towers" or "preexisting antennas."
C. General Requirements.
1.
Height. Height of all towers or structures shall be measured
from ground level to the highest point on the tower or other structure,
including any antenna. Except as further constrained by the setback
and separation requirements, the maximum height of a tower shall not
exceed one hundred eighty (180) feet above the existing ground level.
2.
Setbacks And Separation. Unless otherwise required by law, the
following setbacks and separation requirements shall apply to all
towers and antennas.
a.
Towers must be set back:
(1)
A distance equal to twice the height of the tower as measured
from the furthest extension on the tower support structure from any
off-site residential structure; or
(2)
Five hundred (500) feet from any residential structure, whichever
figure is greater. For towers less than fifty (50) feet in height,
the minimum setback shall be two hundred (200) feet.
b.
Towers and accessory facilities must satisfy the minimum zoning
district setback requirements.
c.
In residential or business zones, towers over ninety (90) feet
in height shall not be located within one-half (1/2) mile from any
existing tower that is over ninety (90) feet in height.
d.
In industrial zones, towers over ninety (90) feet in height
shall not be located within one-fourth (1/4) mile from any existing
tower that is over ninety (90) feet in height.
e.
Minimum setbacks for microcell and repeaters are those required
for any accessory building or structure within the zone district.
f.
Minimum setbacks for freestanding monopole towers and minimum
setback of towers and supports when located within two hundred fifty
(250) feet from any public rights-of-way, sidewalk or street, alley,
parking area, playground, or building not dedicated solely for access
to or maintenance of the tower support structure, and from any property
line shall be the tower height (as measured from the furthest extension
on the tower support structure) or the minimum setback for any accessory
building within the district, whichever is greater. Minimum setback
of towers and supports when not located within two hundred fifty (250)
feet from any public rights-of-way, sidewalk or street, alley, parking
area, playground, or building (except for parking and buildings dedicated
solely for access to or maintenance of the tower support structure),
and from any property line shall be the standard setback for a building
or structure within the zone district.
g.
For applications for sites within City rights-of-way, the most
restrictive adjacent underlying zoning district classification shall
apply.
3.
Roof And/Or Building-Mount Facility. Antennas on the rooftop
or above a structure shall not extend more than twelve (12) feet above
the roof, and shall be screened, constructed and/or colored to match
the structure to which they are attached in a manner that they are
not visible from public streetscapes adjacent to the building. Antennas
mounted on the side of a building or structure shall be painted to
match the color of the building or structure or the background against
which they are most commonly seen. Microwave antennas exceeding twelve
(12) inches in diameter on a roof- or building-mounted facility shall
not exceed the height of the structure to which they are attached,
unless fully enclosed. If an accessory equipment shelter is present,
it must blend with the surrounding building(s) in architectural character
and color.
4.
Security Fencing. All telecommunication towers and antennas
shall be protected from unauthorized access by appropriate security
measures. Towers shall be enclosed by security fencing not less than
six (6) feet in height and shall also be equipped with an appropriate
anti-climbing device.
5.
Landscaping. The following landscape requirements apply:
a.
Tower facilities shall be landscaped with Type 1 buffer to effectively
screen the view of the tower compound from adjacent property.
b.
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible to minimize visibility
of the compound, tower and antenna from the streetscape or civic and
open spaces. In some cases, such as towers sited on large, wooded
lots, natural growth around the property perimeter may be sufficient
buffer, however in other cases additional small and large trees may
be required to be planted in the vicinity.
6.
Aesthetics — Lighting. The following guidelines shall
govern the location of all towers, and the installation of all antennas.
a.
Towers shall maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a light, neutral
color so as to reduce visual obtrusiveness. A tower shall not dominate
the skyline.
b.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend the tower facilities into the natural
setting and built environment. Metal equipment buildings are prohibited.
c.
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a light, neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
d.
The City may or may not require lighting, even if not required
by the FAA. If lighting is required, the Planning Commission may review
the available lighting alternatives and approve the design.
7.
Federal Requirements. All towers must meet current standards
and regulations of the FAA, the FCC, and any other agency of the Federal
Government with the authority to regulate towers and antennas.
8.
Building Codes — Safety Standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable local
buildings codes and the applicable standards for towers that are published
by the Electronic Industries Association. Any structural modification
or alteration to an existing tower or antenna will require a structural
analysis by a licensed professional engineer in the State of Missouri
as part of the application, unless waived by the Community Development
Director. If, upon inspection, a tower fails to comply with such codes
and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall
have thirty (30) days to bring the tower into compliance. If the owner
fails to bring a tower into compliance within thirty (30) days, the
City of Parkville may remove the tower at the owner's expense.
9.
Safety. All telecommunication towers and antennas shall be reasonably
designed to reduce the potential damage to persons or property from
falling equipment, ice or debris from wind, damage or structural failure.
D. Small
Wireless Facilities.
1. Small Wireless On Utility Poles. In accordance with Section 67.5112,
RSMo., a wireless provider may collocate small wireless facilities
and install, maintain, modify, operate, and replace utility poles,
at heights below the height limitations outlined in this subdivision,
which shall be a permitted use in all districts except within single-family
residential and historic zoned areas and districts provided the proposed
installation does not:
a. Materially interfere with the safe operation of traffic and control
equipment or City-owned communications equipment;
b. Materially interfere with compliance with the American Disabilities
Act, or similar Federal or State standards regarding pedestrian access
or movement;
c. Materially obstruct or hinder the usual travel or public safety on
the rights-of-way;
d. Materially obstruct the legal use of the rights-of-way by the City,
utility, or other third-party;
e. Fail to comply with the spacing requirements;
f. Fail to comply with applicable national safety codes, including recognized
engineering standards for utility poles or support structures;
g. Fail to comply with the decorative pole replacement requirements
herein;
h. Fail to comply with undergrounding requirements; or
i. Interfere or impair the operation of existing utility facilities,
or City or third-party attachments.
2. New, replacement, or modification of utility poles under the following
circumstances shall not be considered a permitted use:
a. Proposals to construct or modify a utility pole which exceeds the
greater of:
(2)
More than ten (10) feet above the tallest existing utility pole
as of January 1, 2019, within five hundred (500) feet of the proposed
utility pole in the City; and
(3)
Proposals to collocate on an existing utility pole in place
on August 28, 2019, which exceeds the height of the existing utility
pole by more than ten (10) feet.
3. Fast-Track. An application for a fast-track small wireless facility
may be approved administratively by the Community Development Director,
subject to meeting the following requirements:
a. The following requirements shall generally apply to all fast-track
small wireless facilities located within the City:
(1)
The fast-track shall substantially match any current aesthetic
or ornamental elements of the existing structure or utility pole,
or otherwise be designed to maximally blend in to the built environment,
with attention to the current uses within the district at the proposed
site;
(2)
Any portion above the existing structure or utility pole shall
be concealed and of the same dimensions and appearance so as to appear
to be a natural extension of the existing structure or utility pole
in lieu of an enclosure or concealment;
(3)
The fast-track equipment shall not emit noise audible from the
building line of any residentially zoned or used property; and
(4)
Location, placement, and orientation of the fast-track shall,
to the extent feasible, minimize the obstruction to, or visibility
from, the closest adjacent properties unless otherwise required by
the City for safety reasons.
b. When a fast-track is proposed to be located on an existing structure
or utility pole on or adjacent to public or private streets, sidewalks,
or other pedestrian or vehicle ways;
(1)
The height of all portions of the fast-track shall be located
at least eight (8) feet above ground level;
(2)
No ground equipment shall be permitted; and
(3)
No portions of the fast-track shall extend horizontally from
the surface of the utility pole or existing structure more than sixteen
(16) inches.
c. Additionally, the director may for good cause shown increase any
one (1) or more of the maximum volumetric specifications from the
definition of a fast-track by up the fifty percent (50%) if the applicant
demonstrates that it:
(1)
Does not in any location nationally use equipment capable of
meeting the specifications and the purpose of the equipment; and
(2)
Cannot feasibly meet the requirements as defined and described.
d. The Board of Aldermen may further waive one (1) or more of the requirements found in the definition of fast-track, or from Subsection
(D)(3)(b) or
(D)(3)(c) of this Section, upon good cause shown by the applicant, and provided a showing that the waiver is the minimum necessary to accomplish the purposes of this Section. The burden of proof for any waiver shall be wholly on the applicant and must be shown by clear and convincing evidence.
4. Applications. Applications for uses authorized under this Section shall be on forms as may be established by the Community Development Director with such information as necessary to determine applicability of the specific permitted use and shall be accompanied by a building permit application, proof of owner consent required herein, and application fees as set forth in the Schedule of Fees and adopted by the Board of Aldermen by resolution, as authorized by Section
600.010 of the Municipal Code, as required to cover the actual costs, but not to exceed such amounts as limited by applicable law. If the applicant is not a wireless services provider, as defined by Section 67.5111, RSMo., then the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by such wireless services provider within one (1) year of the permit's issuance date. For any application for a small wireless facility, the applicant shall provide an attestation that the proposed small wireless facility complies with the volumetric limitations as required to meet the definition of a small wireless facility in accordance with this Section and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the general requirements of this Section. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. Applications shall be decided upon within a reasonable time, subject further to State or Federal specific additional requirements as may apply to the particular application. The Community Development Director shall review the application and provide a deficient notice, in accordance with this Section, within fifteen (15) days of receipt, or such other longer time as allowed by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for denial.
E. Conditional Use Permits.
1.
General. A conditional use permit is required for new towers
or new antenna on existing towers or structures. The following provisions
shall govern the issuance of conditional use permits:
a.
A conditional use permit shall be required for the construction
of a new tower or the placement of an antenna in all zoning districts,
or substantial modification to an existing telecommunication tower
or antenna as defined by Missouri Statutes.
b.
Any approval may be conditioned upon site specific requirements
that are necessary to minimize any adverse effect of the proposed
tower on adjoining properties.
c.
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a professional engineer licensed in the State of Missouri.
2.
Information Required. Each applicant requesting a conditional
use permit under this Section shall submit a scaled site plan and
a scaled elevation view and other supporting drawings, calculations,
and other documentation signed and sealed by appropriate licensed
professionals showing the location and dimensions of all improvements,
including information concerning topography, tower height requirements,
setbacks, drives, parking, fencing, landscaping, adjacent uses, and
other information deemed by the Planning Commission to be necessary
to assure compliance with this Section. For applications for sites
within City rights-of-way or on City-owned property, no application
shall be submitted for permit approval without attaching the City's
consent to use the right-of-way or property for the specific construction
application. This consent should be in the form of an agreement with
the City to place and/or maintain private improvements in City rights-of-way
or on City-owned property.
3.
Abandonment Bond. Any applicant for a new tower shall place
a bond or other security with the City prior to any final approval
to ensure abandoned towers can be removed. The bond or security shall
be in the form and amount approved by the Community Development Director
based on the valuation of the tower at the time of construction and
necessary amount required for a demolition permit. The amount of the
bond shall be determined by the Director to satisfy the requirements
hereof with regard to the specific tower to which it would apply based
on the estimated total cost of removal of that tower.
4.
Criteria. In addition to the criteria in Section
403.050, and the standards in this Section, the Planning Commission shall consider the following additional criteria for conditional use permits for telecommunication facilities.
a.
All standards of this Section have been met, or in the case
of any City standards and equal or better alternative has been proposed
that equally or better meets all of the intent provisions of this
Section.
b.
Telecommunication facilities should be located and designed
to minimize any adverse effect they may have on residential property
values.
(1) Colors and facility designs should be compatible
with surrounding buildings and/or uses in the area or those likely
to exist in the area and should restrain the facility from dominating
the surrounding area.
(2) Location and design of sites in commercial or industrial
zones should consider the impact of these sites on surrounding neighborhoods,
particularly the visual impact within the zone district and beyond,
in residential areas.
(3) Fencing should not necessarily be used to screen
a site, and security fencing should be colored or should be of a design
which blends into the character of the existing environment.
(4) Freestanding facilities should be located to avoid
a dominant silhouette.
(5) Strobe lights are prohibited at night unless required
by the Federal Aviation Administration.
c.
Towers and all related equipment and facilities should be architecturally
compatible with surrounding buildings and land uses in the zone district
or otherwise integrated, through location and design, to blend in
with the existing characteristics of the site to the extent practical.
d.
At the time of the conditional use request, an evaluation of
the visual impact should be taken into consideration if vegetation
is to be removed.
e.
Innovative designs should be used whenever the screening potential
of the site is low. For example, by constructing screening structures
which are compatible with surrounding architecture, the visual impact
of a site may be mitigated.
f.
The structure must be architecturally and visually (in color,
bulk, size) compatible with surrounding existing buildings, structures,
vegetation, and/or uses in the area or those likely to exist under
the terms of the underlying zoning.
5.
Historic Preservation Thirty-Day Hearing Period. A conditional
use permit shall not be issued for any telecommunication tower or
antenna that the Planning Commission or Board of Aldermen determines
would create a significant negative visual impact or otherwise have
a significant negative impact on the historical character and quality
of any property within a Historic Preservation District or such district
as a whole. For collocation of any certified historic structure as
defined in Section 253.545, RSMo., in addition to all other applicable
time requirements, there shall be a thirty-day time period before
approval of an application during which one (1) or more public hearings
on collocation to a certified historic structure are held.
F. Abandonment. It shall be the duty of the facility owner to notify the City when the site is no longer to be used for telecommunication purposes. Telecommunication facilities which are not in use for six (6) months for telecommunication purposes shall be removed by the telecommunication facility owner. This removal shall occur within ninety (90) days of the end of such six-month period at the owner's expense. Upon removal, the site shall be re-planted to blend with the existing surrounding vegetation. A tower not removed as mandated above shall be deemed to be a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings, adopted as part of the Building Code in Chapter
500 of the Parkville Municipal Code, and shall be removed under the provisions of Chapters 7 through 9.
A. Intent. The intent of this Section is to:
1.
Reduce flood losses from inundation, including loss of life
and property, health and safety hazards, disruption of commerce and
governmental services and extraordinary public expenditures for flood
production and relief;
2.
Reduce the cumulative effect of development in floodplains that
increase flood heights and velocities;
3.
Reduce the occupancy of flood hazard areas by uses vulnerable
to floods, or which are hazardous to others inadequately elevated
or otherwise unprotected from flood damage;
4.
Restrict or prohibit uses that are dangerous to health, safety
or property in times of flooding or cause undue increases in flood
heights or velocities;
5.
Require uses vulnerable to floods, including public facilities
that serve such uses, be provided with flood protection at the time
of initial construction; and
6.
Protect individuals from buying lands that are unsuited for
the intended development purposes due to the flood hazard;
7.
Establish or maintain the community's eligibility for participation
in the National Flood Insurance Program (NFIP) as defined in 44 Code
of Federal Regulations (CFR) 59.22(a)(3) and meet the requirements
of 44 CFR 60.3(d).
B. Applicability. This Section shall apply to all lands within the jurisdiction
of the City of Parkville, Missouri identified as numbered and unnumbered
A Zones and AE Zones on the Flood Insurance Rate Maps (FIRMs) for
Platte County listed on Map Panels 29165C0295D, 29165C0313D, 29165C0360D,
29165C0370D, 29165C0376D, 29165C0377D, 29165C0378D, 29165C0379D, 29165C0383D,
29165C0386D, 29165C0387D, 29165C0391D, and 29165C0392D, dated April
2, 2015, and including future official revisions.
1.
Floodplain Administrator. The Community Development Director
shall be the Floodplain Administrator under this Section. The Floodplain
Administrator shall review all permits for compliance with this Section
and assure that all necessary permits have been obtained from Federal,
State or local governmental agencies from which prior approval is
required by Federal, State or local law.
2.
Flood Insurance Study. The Flood Insurance Study (FIS) and standard
engineering methods are used for analyzing flood hazards, including
the following interrelated steps:
a.
Selection of base flood based on expected frequency of occurrence,
the area inundated, and the depth of inundation. In general, it is
the flood which could be expected to have a one-percent chance of
occurrence in any one (1) year as shown on the Federal Insurance Administrator's
FIS, and illustrative materials for Platte County dated April 2, 2015,
as amended.
b.
Calculation of water surface profiles based on standard hydraulic
engineering analysis and capacity of the stream channel and overbank
areas to convey the regulatory flood.
c.
Computation of a floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no development
is permitted that would cause any increase in flood height.
e.
Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines, but still subject to inundation by the base flood.
3.
Permit Required. No development located within the special flood
hazard areas of this community shall be located, constructed, extended,
converted or structurally altered without a permit demonstrating full
compliance with the terms of this Section.
4.
Permit Procedures. In association with other procedures in Chapter
403, a floodplain development permit shall:
a.
Describe the land on which the proposed work is to be done by
lot, block and tract, house and street address, or similar description
that will readily identify and specifically locate the proposed structure
or work;
b.
Identify and describe the work to be covered by the floodplain
development permit;
c.
Indicate the use or occupancy for which the proposed work is
intended;
d.
Indicate the assessed value of the structure and the fair market
value of the improvement;
e.
Specify whether development is located in the designated flood
fringe or floodway;
f.
Identify the existing base flood elevation and the elevation
of the proposed development;
g.
Give such other information as reasonably may be required by
the Floodplain Administrator;
h.
Be accompanied by plans and specifications for proposed construction;
and
i.
Be signed by the permittee or his authorized agent who may be
required to submit evidence to indicate such authority.
5.
Review Criteria. In applying the standards of this Section,
the Floodplain Administrator shall verify that:
a.
The flood-carrying capacity is not diminished and shall be maintained
within the altered or relocated portion of any watercourse;
b.
A record of the actual elevation (in relation to mean sea level)
of the lowest floor, including basement, of all new or substantially
improved structures;
c.
A record of the actual elevation (in relation to mean sea level)
that the new or substantially improved non-residential structures
have been floodproofed;
d.
Floodproofing techniques for non-residential structures shall
be certified by a registered professional engineer or architect; and
e.
Notification by the applicant of adjacent communities and the
Missouri State Emergency Management Agency (Mo SEMA) shall be required
prior to any alteration or relocation of a watercourse and evidence
of this notice shall be given to the Federal Emergency Management
Agency (FEMA).
6.
Warning And Disclaimer Of Liability. The degree of flood protection
required by this Section is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions or the flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This Section does not imply that areas outside
the floodway and flood fringe or land uses permitted within these
areas will be free from flooding or flood damage. This Section shall
not create a liability on the part of the City of Parkville, any officer
or employee for any flood damages that may result from decisions or
actions in reliance on this Section.
C. General Standards.
1.
No permit for floodplain development shall be granted for new
construction, substantial improvements, and other improvements, including
the placement of manufactured homes, within any numbered or unnumbered
A Zones and AE Zones, unless the conditions of this Subsection are
satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject
to inundation of the one-hundred-year flood; however, the base flood
elevation is not provided. Development within unnumbered A Zones is
subject to all provisions of this Section. If Flood Insurance Study
data is not available, the Floodplain Administrator shall obtain,
review, and reasonably utilize any base flood elevation or floodway
data currently available from Federal, State or other sources.
3.
Until a floodway is designated, no new construction, substantial
improvements or other development, including fill, shall be permitted
within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one (1) foot
at any point within the community.
4.
All new construction, subdivision proposals, substantial improvements,
prefabricated structures, placement of manufactured homes, and other
developments shall require:
a.
Design or adequate anchorage to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
b.
Construction with materials resistant to flood damage;
c.
Utilization of methods and practices that minimize flood damages;
d.
All electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
e.
New or replacement water supply systems and/or sanitary sewage
systems be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters,
and on-site waste disposal systems be located so as to avoid impairment
or contamination; and
f.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are required to assure that:
(1) All such proposals are consistent with the need
to minimize flood damage;
(2) All public utilities and facilities, such as sewer,
gas, electrical, and water systems, are located and constructed to
minimize or eliminate flood damage;
(3) Adequate drainage is provided so as to reduce exposure
to flood hazards; and
(4) All proposals for development, including proposals
for manufactured home parks and subdivisions, of five (5) acres or
fifty (50) lots, whichever is lesser, include within such proposals
base flood elevation data.
5.
Storage, Material, And Equipment.
a.
The storage or processing of materials within the special flood
hazard area that are in time of flooding buoyant, flammable, explosive,
or could be injurious to human, animal, or plant life is prohibited.
b.
Storage of other material or equipment may be allowed if not
subject to major damage by floods, if firmly anchored to prevent flotation,
or if readily removable from the area within the time available after
a flood warning.
6.
Accessory Structures. Structures used solely for parking and
limited storage purposes, not attached to any other structure on the
site, of limited investment value, and not larger than four hundred
(400) square feet, may be constructed at-grade and wet-floodproofed,
provided that there is no human habitation or occupancy of the structure;
the structure is of single-wall design; a variance has been granted
from the standard floodplain management requirements of this Section;
and a floodplain development permit has been issued.
D. A Zones And AE Zones. In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Subsection
(C)(2), the following provisions are required:
1.
Residential Construction. New construction or substantial improvement
of any residential structures, including manufactured homes, shall
have the lowest floor, including basement, elevated to a minimum of
one (1) foot above the base flood elevation.
2.
Non-Residential Construction. New construction or substantial
improvement of any commercial, industrial or other non-residential
structures, including manufactured homes, shall have the lowest floor,
including basement, elevated to a minimum of one (1) foot above the
base flood elevation or, together with attendant utility and sanitary
facilities, be floodproofed so that below the base flood elevation
the structure is watertight with walls substantially impermeable to
the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall certify that
the standards of this Subsection are satisfied.
3.
All Construction. Fully enclosed areas below the lowest floor
used solely for parking of vehicles, building access or storage in
an area other than a basement and that are subject to flooding shall
be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the
following minimum criteria:
a.
A minimum of two (2) openings having a total net area of not
less than one (1) square inch for every one (1) square foot of enclosed
area subject to flooding shall be provided; and
b.
The bottom of all openings shall be no higher than one (1) foot
above grade. Openings may be equipped with screens, louvers, valves
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
E. Manufactured Homes.
1.
Manufactured homes placed within unnumbered and numbered A Zones
and AE Zones on the FIRM shall be installed using methods and practices
that minimize flood damage. Manufactured homes must be elevated and
anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include use of over-the-top or frame ties to ground
anchors.
2.
Manufactured homes that are placed or substantially improved
within unnumbered or numbered A Zones and AE Zones on the FIRM on
sites: outside of a manufactured home park or subdivision; in a new
manufactured home park or subdivision; in an expansion to an existing
manufactured home park or subdivision; or in an existing manufactured
home park or subdivision on which a manufactured home has incurred
substantial damage as the result of a flood shall be elevated on a
permanent foundation such that the lowest floor of the manufactured
home is elevated to a minimum of one (1) foot above the base flood
elevation and be securely attached to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
3.
Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the FIRM, that are not subject to the provisions of Subsection
(E)(2) shall be elevated so that either:
a.
The lowest floor of the manufactured home is a minimum of one
(1) foot above the base flood level; or
b.
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than thirty-six (36) inches in height above grade and
is securely attached to an adequately anchored foundation system to
resist flotation, collapse and lateral movement.
F. Floodway. Located within areas of special flood hazard are areas
designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity of floodwaters that carry debris and potential
projectiles, the following provisions shall apply:
1.
The City shall select and adopt a regulatory floodway based
on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one (1) foot at
any point.
2.
No encroachments, including fill, new construction, substantial
improvements and other development, shall be within the adopted regulatory
floodway unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice
that the proposed encroachment would not result in any increase in
flood levels within the community during the occurrence of the base
flood discharge.
3.
If Subsection
(F)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.
4.
In unnumbered A Zones, any base flood elevation or floodway data currently available from Federal, State, or other sources in Subsection
(C)(2) shall be utilized.
G. Recreational Vehicles. Recreational vehicles placed on sites within
all unnumbered and numbered A Zones and AE Zones on the community's
FIRM shall either:
1.
Be on the site for fewer than one hundred eighty (180) consecutive
days; or
2.
Be fully licensed and ready for highway use. A recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect type utilities
and security devices, and has no permanently attached additions; or
3.
Meet the permitting, elevation, and the anchoring requirements
for manufactured homes of this Section.
H. Variances. The Board of Zoning Adjustments may grant variances to the standards of this Section and hear appeals to denial of a floodplain permit according to the procedures and criteria in Sections
403.080 and
403.090, and subject to the following.
1.
Additional Considerations. The Board shall consider the following
additional considerations:
a.
The danger to life and property due to flood damage;
b.
The danger that materials may be swept onto other lands to the
injury of others;
c.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility
to the community;
e.
The necessity to the facility of a waterfront location, where
applicable;
f.
The availability of alternative locations, not subject to flood
damage, for the proposed use;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the Master Plan and
Floodplain Management Program for that area;
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, if applicable, expected at the site;
and
k.
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities, such as sewer, gas, electrical, and water systems;
streets; and bridges.
2.
Additional Limitations. Generally, variances may be issued for
new construction and substantial improvements to be erected on a lot
of one-half (1/2) acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood
level, after considering the following criteria. As the lot size increases
beyond the one-half (1/2) acre, the technical justification required
for issuing the variance increases.
a.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places, the State Inventory of Historic Places, or local inventory
of historic places upon determination, provided that the proposed
activity will not preclude the structure's continued historic
designation.
b.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
c.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
d.
Variances shall only be issued upon:
(1) A finding that all factors for a variance in Section
403.080 have been met;
(2) A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
e.
The applicant of any approved variance is on notice that:
(1) The issuance of a variance to construct a structure
below base flood level will result in increased premium rates for
flood insurance up to twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage; and
(2) Construction below the base flood level increases
risks to life and property. This notice shall be maintained with the
record of all variance actions as required by this Section.
3.
Conditions For Accessory Structures. In addition to all other
considerations and criteria, the following conditions shall be included
for any variance issued for accessory structures that are constructed
at-grade and wet-floodproofed.
a.
Use of the accessory structures must be solely for parking and
limited storage purposes in flood-prone areas only.
b.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below highest adjacent grade, must be built with flood-resistant materials in accordance with Subsection
(C)(4)(b).
c.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Subsection
(C)(4)(a). All of the building's structural components must be capable of resisting specific flood-related forces, including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
d.
Any mechanical, electrical, or other utility equipment must be located above the highest adjacent grade or floodproofed so that it is contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Subsection
(C)(4)(d).
e.
The accessory structures must meet all National Flood Insurance
Program (NFIP) opening requirements. The NFIP requires that enclosure
or foundation walls subject to the one-hundred-year flood contain
openings that will permit the automatic entry and exit of floodwaters
in accordance with the NFIP regulations.
f.
Equipment, machinery, or other contents must be protected from
any flood damage.
g.
No disaster relief assistance under any program administered
by any Federal agency shall be paid for any repair or restoration
costs of the accessory structures.
h.
Wet-floodproofing construction techniques must be reviewed and
approved by the Floodplain Administrator and a professional engineer
or architect registered in the State of Missouri prior to the issuance
of any floodplain development permit for construction.
A. Intent. The intent of this Section is to regulate the secondary effects
of adult businesses in order to promote the health, safety, morals,
and general welfare of the citizens of Parkville, Missouri, and to
establish reasonable and uniform regulations to prevent the deleterious
location and concentration of sexually oriented businesses within
the City. The provisions of this Section have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually explicit materials.
Similarly, it is neither the intent nor effect of this Section to
restrict or deny access by adults to sexually explicit materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent or effect of this Section to condone or legitimize
the distribution of obscene or offensive material of a sexual nature.
B. Applicability. The regulations set forth in this Section, or set
forth elsewhere in this Title, when referred to in this Section are
the zoning regulations governing adult businesses and shall apply
to any adult business.
C. Location Restrictions. No adult business shall be located:
1.
Within one thousand (1,000) feet of any primary or secondary
school, house of worship, public library, licensed child-care center,
public park, or property zoned or used for residential purposes. Measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest point of the premises from which the
adult business would be operated to the nearest point on the property
line of any primary or secondary school, house of worship, public
library, licensed child-care center, public park, or property zoned
or used for residential purposes:
a.
Provided that the phrase "property zoned or used for residential
purposes" shall not include any property zoned for residential use
for which a special use permit has been granted for an indefinite
period of time which permit allows a non-residential use;
b.
Provided, further, that the list of uses set forth above shall
exclude streets, alleys and highway rights-of-way.
2.
Within one thousand (1,000) feet of any other business located
within or without the City meeting the definition of "adult business,"
as set forth in this Title. Measurements shall be made in a straight
line, without regard to intervening structures or objects, from the
closest property line of the premises from which the proposed adult
business would be operated to the nearest point on the property line
of the other business meeting the definition of "adult business,"
as set forth in this Title.
D. Signs.
1.
All adult businesses shall comply with the sign regulations in Chapter
409.
2.
Any adult businesses that shall not be open to minors in accordance with the requirements of Title VI, Chapter
650, shall conspicuously display, in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one (1) inch high, which shall read as follows:
THIS BUSINESS IS AN ADULT BUSINESS. ONLY PERSONS EIGHTEEN (18)
YEARS OF AGE OR OLDER SHALL BE PERMITTED ON THE PREMISES.
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3.
All adult entertainment businesses that provide live entertainment
shall conspicuously display, in the common area at the principal entrance
to the premises, a sign, on which uppercase letters shall be at least
two (2) inches high, and lowercase letters at least one (1) inch high,
which shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF PARKVILLE. ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the pubic region, buttocks,
genitals or female breast of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the pubic region, buttocks, genitals or female breast
of said entertainer.
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Not permitted to be nude.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While the entertainer is on the stage, by placing a payment
or gratuity into a container located outside a six-foot boundary surrounding
the stage; or
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While the entertainer is not on the stage, by placing a payment
or gratuity into the entertainer's hand.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time or to be within
the six-foot marked boundary surrounding the stage while entertainers
are performing.
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Not permitted to touch, caress or fondle the pubic region, genitals,
buttocks or female breast of any employee, server or entertainer or
engage in solicitation for prostitution.
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E. Displays.
1.
Prohibition Of Public Display. No adult business will be conducted
in any manner that permits the observation of live performers engaged
in an erotic depiction or dance or any material or persons depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined in this Title, from any exterior source
by display, decoration, sign, show window or other opening.
2.
Display Of Adult Media.
a.
Applicability. This Section shall apply to any bookstore, video
store or other similar retail store in which adult media constitutes
more than ten percent (10%) but not more than thirty-three percent
(33%) of the store's inventory at any time, or where adult media
constitutes more than ten percent (10%) but not more than thirty-three
percent (33%) of the merchandise displayed for sale or rental at any
time, or where adult media occupies more than ten percent (10%) but
not more than thirty-three percent (33%) of the sales floor area of
the business (not including store rooms, stock areas, restrooms, or
any portion of the business not open to the public) at any time.
b.
Display Of Adult Media. Adult media in a store to which this
Section applies shall be kept in a separate room or section of the
store, which room or section shall:
(1) Not be open to any minor;
(2) Be physically and visually separate from the rest
of the store by an opaque wall or durable material reaching at least
eight (8) feet high or to the ceiling, whichever is less;
(3) Be located so that the entrance to it is as far
as reasonably practicable from media or other inventory in the store
likely to be of particular interest to children; and
(4) Have access controlled by electronic or other means
to provide assurance that minors will not accidentally enter such
room or section.
c.
The owner or manager of a store to which this Section is applicable
shall have the affirmative duty to prevent the display of adult media
at or within the portions of the business open to minors.
F. Conditional Use Permits. In addition to all other standards and criteria in this Section, any adult use shall only be permitted through the conditional use permit process in Section
403.050, and only be eligible in the B-2, B-4-P, I-1 and I-2 Districts.