[Ord. No. 20 §2, 4-5-1984]
A. The
Board of Adjustment shall be appointed and organized and have such
powers and duties as provided by Sections 89.080, 89.090, 89.100 and
89.110, RSMo.; provided however, that the Board of Adjustment may
only grant variances as to the height, area and lot requirements as
are herein or hereafter enacted or amended and shall not have authority
to vary or modify the application of any other zoning regulations
or zoning districts as are herein or hereafter enacted or amended.
Applications for variances shall be signed by all the owners of the
property involved or by their agent or agents authorized to sign the
application on their behalf, shall be submitted to the Board of Adjustment
and shall contain or be submitted concurrently with the following
information:
1. A legal description of the property to be affected.
2. A scaled map of such property, correlated with the legal description
and clearly showing the property's location.
3. The names and addresses of all the owners of such property.
4. Date of filing with the Board of Adjustment.
5. The present zoning of such property.
6. The variance requested and the reason the variance is requested.
7. The names and addresses of all the owners of all the parcels of property
which abut such property.
B. A non-refundable fee as set forth in the Schedule of Zoning and Subdivision Fees, as provided for in Section
405.790 of the Municipal Code, shall be paid by the applicant or applicants. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a legal newspaper of general circulation within the City. The Board of Adjustment shall notify by mail all property owners known to the Board of Adjustment whose property abuts the property to be affected. Such notice shall be postmarked at least fifteen (15) days prior to the date of the hearing.
[Ord. No. 1778, 7-31-2019]
[Ord. No. 1748, 1-16-2019]
A. Notwithstanding the provisions of this Article
II of Chapter
400 to the contrary, an application for a variance for a new wireless support structure, or for a substantial modification of a wireless support structure, shall be subject to the provisions of this Section.
B. Variance For A New Wireless Support Structure Or Substantial Modification
Of A Wireless Support Structure.
1.
When an applicant requests some variation in the requirements of Chapter
405 of the Municipal Code of the City of Cottleville to construct a new wireless support structure or for a substantial modification of a wireless support structure, and where the strict application of Chapter
405 would involve undue hardship, the applicant may request a variance pursuant to this Section
400.095.
2.
In reviewing a requested variance under this Section
400.095, the Board of Adjustment shall consider the standards set forth in Section
400.090 of the Municipal Code of the City of Cottleville and whether denial of the variance will prohibit or have the effect of prohibiting the provision of personal wireless services under 47 U.S.C. § 332(C)(7)(B)(i)(II).
C. Application For A Variance.
1.
An application for a variance to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be made on an application form provided by the Director of Public Works. Each application shall be filed with the Director of Public Works and shall be accompanied by the data prescribed on the form and any additional information deemed necessary by the Board of Adjustment. The application shall be accompanied by the fee set forth in Section
400.090 of the Municipal Code, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the review of the application. No part of such fee shall be returnable to the applicant.
2.
An application for a variance to construct a new wireless support
structure, or for a substantial modification of a wireless support
structure, shall be signed by all fee owners of the real property
for which the variance is sought or by their agent or agents having
authority to sign the application on their behalf, accompanied by
proper evidence of such agency relationship, and by the applicant,
if other than the fee owners. The application shall be submitted to
the Director of Public Works and shall contain or be submitted concurrently
with the following information:
b.
Photographs or other pictorial representations of the new wireless
support structure, or the substantial modification of a wireless support
structure, as viewed from neighboring properties to demonstrate if
the wireless support structure is harmonious with the appearance and
character of the neighborhood;
c.
The type of wireless facilities, infrastructure or technology
to be used by the applicant;
d.
Solely with respect to an application for a new wireless support
structure, a statement by the applicant that it conducted an analysis
of available collocation opportunities on existing wireless support
structures within the same search ring defined by the applicant, solely
for the purpose of confirming that an applicant undertook such an
analysis;
e.
Copies of any submitted applications for building permits, electrical
permits, road closure permits and/or architectural or engineering
permits;
f.
Any applicable indemnity, insurance or performance bond information
required by law or City ordinance;
g.
Proof of liability insurance coverage against any damage or
personal injury caused by the negligence of the applicant or its employees,
agents or contractors. Such insurance coverage must be with companies
licensed to do business in the State of Missouri and rated no less
than AA by Best or equivalent and must be maintained in force for
the duration of the period during which the applicant holds the permit
and for the all applicable statute of limitations periods. Certificates
evidencing such insurance shall be furnished to the City prior to
the issuance of the permit and must state, "The City of Cottleville
is an additional insured," on a primary and non-contributory basis.
The Certificate Holder shall be listed as "City of Cottleville, Attention
City Clerk, 5490 Fifth Street, Cottleville, MO 63304" and the certificate
shall bear an endorsement precluding cancellation of or change in
coverage without at least thirty (30) days' written notice to
the City. In the alterative of such insurance coverage, an applicant
must demonstrate that it has in effect a comparable self-insurance
program; and
h.
All other information deemed necessary by the Director of Public
Works.
D. Procedure.
1.
Except as otherwise provided in this Section
400.095, the procedures set forth in Section
400.090 of the Municipal Code shall apply to all applications for a variance to construct a new wireless support structure, or for a substantial modification of a wireless support structure.
2.
Within one hundred twenty (120) calendar days of receiving an
application for a variance to construct a new wireless support structure,
or for a substantial modification of a wireless support structure,
or within such additional time as may be mutually agreed to by an
applicant and the Board of Adjustment, the Board of Adjustment shall:
a.
Conduct a hearing and review the application in light of its conformity with this Section
400.095:
(i) An application is deemed to be complete unless
the Director of Public Works notifies the applicant, in writing, within
thirty (30) calendar days of submission of the application, of the
specific deficiencies in the application which, if cured, would make
the application complete. This notice must specify the Municipal Code
provision, ordinance, application instruction, or other publicly stated
procedure that requires the information to be submitted. All deadlines
for action in this Section shall be tolled from the time the Director
of Public Works sends such notice to the applicant to the time the
applicant provides the missing information.
(ii) Upon receipt of a timely written notice that an
application is deficient, an applicant may take thirty (30) calendar
days from receiving such notice to cure the deficiencies.
(iii) After the applicant makes a supplemental submission
in response to this notice, the Director of Public Works must notify
the applicant within ten (10) calendar days if the supplemental submission
did not provide the information identified in the original notice
of incompleteness. Missing documents or information that is not delineated
in the original notice of incompleteness may not be delineated in
this subsequent notice. All deadlines for action in this Section shall
be tolled from the time the Director of Public Works sends such notice
to the applicant to the time the applicant provides the missing information.
(iv) If the applicant cures the deficiencies within
said period of thirty (30) calendar days from receipt of the initial
notice of incompleteness, the application shall be reviewed and finally
acted upon by the Board of Adjustment within one hundred twenty (120)
calendar days from the initial date the application was received.
(v) If the applicant requires a period of time beyond
thirty (30) calendar days to cure the specific deficiencies, the one
hundred twenty (120) calendar day deadline for the Board of Adjustment
to review the application, make the final decision, and advise the
applicant, in writing, of its final decision, shall be extended by
the same period of time.
(vi) Applications for building permits, electrical
permits, road closure permits and/or architectural or engineering
permits shall be considered, and final decisions rendered, in accordance
with the time frames set forth in this Section.
b.
Make its final decision to approve or disapprove the application;
c.
Make findings of fact as to whether or not the standards described in this Section
400.095 have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met by the applicant. Thereafter, the Board of Adjustment shall either:
(i) Postpone consideration of the application because
the application is incomplete;
(iii) Approve the application with conditions; or
(iv) Deny the application; and
(v) Advise the applicant, in writing, of its final
decision.
3.
If the Board of Adjustment fails to act on an application for
a variance to construct a new wireless support structure, or for a
substantial modification of a wireless support structure, within the
one hundred twenty (120) calendar day review period, or within such
additional time as may be mutually agreed to by an applicant and the
Board of Adjustment, the application shall be deemed approved.
4.
Upon any final action being taken by the Board of Adjustment,
the Board of Adjustment shall deliver, by registered mail, to the
applicant a written decision which shall include or be accompanied
by findings of fact and conclusions of law. The findings of fact shall
be stated separately from the conclusions of law, but shall be delivered
at the same time, and shall include a concise statement of the findings
on which the Board of Adjustment based its decision. The decision
shall be supported by substantial evidence in a written record and,
if the application is denied, it must describe the specific reasons
for denial.