[1-12-2021 by Ord. No. 5119]
The purpose of this article is to provide for regulation of
special uses that have unique characteristics and are subject to restrictions
not elsewhere provided for in this chapter. These uses are also subject
to licensure, operation, and inspection requirements set forth elsewhere
in the Crestwood Municipal Code as noted herein.
[1-12-2021 by Ord. No. 5119]
Sexually oriented businesses and massage businesses are subject to the provisions of Chapter 13, Article II, Division 6, of the Crestwood Municipal Code.
A.
1.
"Sexually oriented business" is an inclusive term used to describe
collectively: adult cabaret; adult motion-picture theater; adult media
store; and/or sex shop which has as a primary purpose the sale, display
or rental of goods that are designed for use in connection with specified
sexual activities or that emphasize matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas or has one of the following as a primary business purpose:
a.
The
provision of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
b.
The
provision of nonmedical services related to specified sexual activities
or specified anatomical areas.
2.
A "massage establishment" is any establishment having a fixed place
of business where any person, firm, association or corporation engages
in or carries on or permits to be engaged in or carried on any method
of pressure on or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulating of the external soft parts
of the body with the hands or with the aid of any mechanical or electrical
apparatus or applied with or without such supplementary aids as rubbing
alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments,
or other similar preparation commonly used in this practice.
B.
Where permitted. The uses as defined above are permitted in the C-1 and M-1 Zoning Districts, but are subject to the further location restrictions as provided for in Chapter 13, Article II, Division 6, § 13-173, and are further subject to the requirements of Article III (Applications and Procedures), § 26-11 (Conditional use permit), and § 26-13 (Minor site plan), of this chapter to ensure compliance with the requirements of Chapter 13, Article II, Division 6, of the Crestwood Municipal Code.
[Ord. No. 5119, 1-12-2021; Ord.
No. 5326, 1-24-2023]
The purpose of this section is to regulate the placement and
licensing of facilities for the dispensing, selling, cultivating,
manufacturing, storing, and testing of marijuana and marijuana-infused
products, to the extent permitted by the Missouri Constitution, applicable
Statutes enacted by the General Assembly, and regulations promulgated
by the Missouri Department of Health and Senior Services, and to protect
the health, safety, and welfare of the residents, businesses, and
property owners in the City of Crestwood.
A.
MARIJUANA FACILITY
MARIJUANA TESTING FACILITY
MEDICAL FACILITY
Definitions. Terms not expressly defined herein shall have the meaning
set forth in the Missouri Constitution, Art. XIV, § 1.2 or §
2.2, of the Missouri Constitution, or, if applicable, regulations
promulgated by the Missouri Department of Health and Senior Services,
as amended, relating to access to marijuana. The following definitions
shall apply in interpretation and enforcement of this section, unless
otherwise specifically stated:
Any comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana-related facility or business licensed or certified by the
Missouri Department of Health and Senior Services pursuant to §
2 of Art. XIV of the Missouri Constitution, but shall not include
a medical facility as defined in this subsection.
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana,
including those originally certified as a medical marijuana testing
facility.
Any medical marijuana cultivation facility, medical marijuana
dispensary facility, or medical marijuana-infused products manufacturing
facility, as defined in § 1.2 of Art. XIV of the Missouri Constitution.
B.
General requirements.
1.
No medical facility, marijuana facility, or marijuana testing facility
shall be operated within the City of Crestwood without a valid license
issued by the Missouri Department of Health and Senior Services. No
marijuana, marijuana-infused products, marijuana-infused preroll,
or preroll shall be acquired, certified, conveyed with or without
consideration, cultivated, delivered, dispensed, distributed, manufactured,
processed, sold, stored, tested, or transported within the City of
Crestwood, except by persons or entities licensed for such purposes
by the Missouri Department of Health and Senior Services. All medical
facilities, marijuana facilities, and marijuana testing facilities
shall prominently display said license in a highly visible location,
easily seen by patients on the dispensary's sales floor.
2.
No person under the age of twenty-one (21) shall possess or consume
marijuana or marijuana-infused products in the City of Crestwood unless
such person is a qualifying patient under Article XIV of the Missouri
Constitution. No marijuana, marijuana-infused product, preroll, or
infused preroll may be smoked, ingested, or consumed in a public place,
except those areas specifically designated by the owner or person/entity
in control of such premises as being permitted for the smoking, ingestion,
or consumption of marijuana or marijuana-infused products, preroll,
or infused preroll, and where such smoking, ingestion, or consumption
is otherwise lawful under Missouri law. No marijuana may be smoked
in any place in which smoking tobacco is prohibited.
3.
A medical facility, marijuana facility, or marijuana testing facility
shall be operated in the manner provided by Article XIV, of the Missouri
Constitution, regulations promulgated by the Missouri Department of
Health and Senior Services, applicable State Statutes, and this section,
including, but not limited to, those restrictions set forth in Article
XIV, of the Missouri Constitution, Section 2.9(3) - (12), regarding
packaging, marketing, display of products, security, and extraction.
Failure to comply with any such restrictions required by Article XIV
of the Missouri Constitution may result in reporting to DHSS, revocation
of the entity's business license, and/or revocation of the entity's
conditional use permit.
5.
Any person who violates this section is guilty of an offense and shall be assessed a penalty in accordance with § 1-6 of this Code. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this section. In addition to any other remedies, the City Attorney may institute an action for an injunction, mandamus or other appropriate action or proceeding to prevent violation of this section. Additionally, the City may notify appropriate officials at the Missouri Department of Health and Senior Services, or other law enforcement agencies, of violations of this section.
C.
District regulations, conditional use permit required.
1.
Licensed comprehensive marijuana dispensary facilities, microbusiness
dispensary facilities, and medical marijuana dispensary facilities
shall be permitted as a conditional uses in properties zoned C-1 or
PD-C. Licensed comprehensive marijuana cultivation facilities, comprehensive
marijuana-infused products manufacturing facilities, microbusiness
wholesale facilities, medical marijuana cultivation facilities, medical
marijuana-infused products manufacturing facilities and marijuana
testing facilities shall be permitted as a conditional uses in properties
zoned M-1 or PD-M. Marijuana facilities and medical facilities, as
defined in Art. XIV, § 1.2(10), of the Missouri Constitution,
shall not be permitted in any other zoning district within the City.
2.
No medical facility, marijuana facility, or marijuana testing facility
shall be initially sited within 500 feet of any then-existing elementary
or secondary school, child day-care center, or church. Distances shall
be measured in the manner described in Art. XIV, §§ 1.7(10)(a)
and 2.5(4) of the Missouri Constitution.
3.
(Reserved)
4.
No medical facility, marijuana facility, or marijuana testing facility
shall be located on the same premises as a physician's office.
5.
All marijuana sales, distribution, manufacturing, cultivation and
testing facilities are subject to the following restrictions relating
to hours of operation.
a.
All sales or distribution of marijuana, marijuana-infused products,
infused preroll, preroll and any other products sold to the public
through a medical marijuana dispensary facility, comprehensive marijuana
dispensary facility, or microbusiness dispensary facility, shall take
place between the hours of 8:00 a.m. and 9:00 p.m., Sunday through
Saturday. Medical marijuana dispensary facilities, comprehensive marijuana
dispensary facilities, or microbusiness dispensary facilities shall
be secured and closed to the public after the hours listed in this
subsection, and no persons not employed by the marijuana dispensary
may be present in such a facility at any time it is closed to the
public.
b.
All medical marijuana-infused products manufacturing facilities,
medical marijuana cultivation facilities, comprehensive marijuana-infused
products manufacturing facilities, comprehensive marijuana cultivation
facilities, microbusiness wholesale facilities, and marijuana testing
facilities shall be closed to the public between the hours of 7:00
p.m. and 7:00 a.m. No persons not employed by the business shall be
on the premises at any time.
6.
All operations and all storage of materials, products, or equipment
shall be within a fully secured area inside the building structure.
No outdoor storage shall be permitted on the property.
7.
The review procedure for an application for a conditional use permit under this section shall be in the manner set forth in § 26-11 of this Code. The Board of Aldermen may impose such restrictions on the time, place, and manner of operation of such facilities as it deems appropriate for the protection of public health, safety, and welfare, and to ensure compliance with the Missouri Constitution, applicable statutes and regulations, and this section.
8.
A separate conditional use permit shall be required for each premises
used for a medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana-infused products manufacturing
facility, comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, comprehensive marijuana-infused products
manufacturing facility, microbusiness dispensary facility, microbusiness
wholesale facility, or a marijuana testing facility. No two medical
marijuana cultivation facilities, medical marijuana dispensary facilities,
medical marijuana-infused products manufacturing facilities, comprehensive
marijuana cultivation facility, comprehensive marijuana dispensary
facilities, comprehensive marijuana-infused products manufacturing
facilities, microbusiness dispensary facilities, microbusiness wholesale
facilities, or marijuana testing facilities may be located within
the same premises, except that a medical marijuana dispensary facility
and a medical marijuana cultivation facility may be located on the
same premises if both businesses are owned by the same entity. A comprehensive
marijuana dispensary facility and a comprehensive marijuana cultivation
facility or a comprehensive marijuana-infused products manufacturing
facility may be located on the same premises if both businesses are
owned by the same entity. A microbusiness marijuana dispensary facility
and a microbusiness wholesale facility may be located on the same
premises if both businesses are owned by the same entity.
9.
A conditional use permit for a medical facility, marijuana facility,
or marijuana testing facility is not transferable or assignable, including,
without limitation, not transferable or assignable to a different
premises, to a different type of business, or to a different owner
or licensee, without the permission of the Board of Aldermen. A conditional
use permit for a medical facility, marijuana facility, or marijuana
testing facility is valid only for the owner(s) named thereon, the
type of facility for which a conditional use permit has been granted,
and the location for which the permit is issued.
10.
An application for a conditional use permit for a medical facility,
marijuana facility, or marijuana testing facility shall be filed with
the Department of Public Services, with an application fee in an amount
established by the Board of Aldermen. The Department of Public Services
may provide forms to applicants for that purpose.
D.
Signs.
1.
A sign for a medical facility, marijuana facility, or marijuana testing facility shall comply with the requirements of Article VII (Sign Regulations) of this chapter, or any ordinance enacted hereafter regulating signs.
2.
A sign for a medical facility, marijuana facility, or marijuana testing
facility shall be located on the same premises as the facility.
[1-12-2021 by Ord. No. 5119]
A.
Purposes. The purposes of these regulations are to regulate the placement
and construction of wireless communications facilities and support
structures in order to protect the health, safety and welfare of the
public, while at the same time not unreasonably interfering with the
development of the competitive wireless telecommunications marketplace
in the City. Specifically, this section is intended to:
1.
Provide for the appropriate location and development of wireless
communications infrastructure to serve the citizens and businesses
of the City;
2.
Minimize adverse visual impacts of wireless facilities and support
structures through careful design, siting, landscape screening and
innovative camouflaging techniques;
3.
Ensure that any new support structure is located in an area compatible
with the neighborhood or surrounding community to the extent possible;
4.
Encourage the use of disguised support structures so as to ensure
the architectural integrity and the scenic qualities of areas within
the City;
5.
Ensure that regulation of wireless facilities does not have the effect
of prohibiting the provision of personal wireless services and does
not unreasonably discriminate among providers of functionally equivalent
services; and
6.
Comply with applicable law, including the Federal Telecommunications
Act of 1996, 47 U.S.C. § 332, and the Missouri Uniform Wireless
Communications Infrastructure Deployment Act, Section 67.5090, RSMo.,
et seq.
B.
Definitions.
1.
Any term not expressly defined herein shall have the meaning set
forth in Sections 67.5090 through 67.5104, RSMo.
2.
ANTENNA
CABINET
COLLOCATION
DIRECTOR
DISGUISED SUPPORT STRUCTURE
FAA
FCC
HEIGHT
REPLACEMENT
SHELTER
SUBSTANTIAL MODIFICATION
a.
b.
c.
d.
WIRELESS COMMUNICATIONS SERVICE
WIRELESS FACILITY
WIRELESS SUPPORT STRUCTURE
As used herein, the following terms shall have the meanings and usages
indicated:
Any device that transmits and/or receives electromagnetic
signals for voice, data or video communications purposes, including,
but not limited to, television, AM/FM radio, microwave, wireless communications
services, and similar forms of communications. The term shall exclude
satellite earth station antennas less than six feet in diameter (mounted
within 12 feet of the ground or building mounted) and any receive-only
home television antenna.
A structure for the protection and security of communications
equipment associated with one or more antennas where direct access
to equipment is provided from the exterior and the horizontal dimensions
of which do not exceed four feet by six feet.
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 Director of Public Services of the City or his or her
designee.
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. Such structures may include,
but are not limited to, clock towers, observation towers, pylon signs,
water towers, light standards, flagpoles and artificial trees.
The Federal Aviation Commission.
The Federal Communications Commission.
The vertical distance measured from the base of the structure
at mean ground level to its highest point and including the main structure
and all attachments thereto. Mean ground level shall be determined
by the average elevation of the natural ground level within a radius
of 50 feet from the center location of measurement.
Includes constructing a new wireless support structure of
equal proportions and of 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 wireless support structure.
A building for the protection and security of communications
equipment associated with one or more antenna(s) and where access
to equipment is gained from the interior of a building.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless
support structure more than 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);
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four new equipment cabinets; or
Increases the square footage of the existing equipment compound
by more than 1,250 square feet.
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services.
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
C.
General requirements. The requirements set forth in this section
shall be applicable to all wireless facilities, wireless support structures
cabinets and shelters installed, built or modified after January 1,
2018, to the full extent permitted by law.
1.
Principal or incidental use. Wireless facilities and wireless support
structures may be either a principal use in all zoning districts or
an accessory use to existing multifamily, institutional or nonresidential
uses, subject to any applicable zoning district requirement relating
to location or setback.
2.
Building codes, safety standards and zoning compliance. To ensure
the structural integrity of wireless facilities and wireless support
structures, such facilities and support structures shall be constructed
and maintained in compliance with all standards contained in any state
or local building code, National Electric Safety Codes, as amended
from time to time. In addition to any other approvals required hereunder,
no wireless facilities and wireless support structures shall be erected
prior to the issuance of a building permit.
3.
Regulatory compliance. All wireless facilities and wireless support
structures shall meet or exceed current standards and regulations
of the FAA, FCC and any other governmental agency with the authority
to regulate such facilities and support structures. Should such 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 months of the effective date of the revision,
unless an earlier date is mandated by the controlling agency.
4.
Security. All wireless facilities and wireless support structures
shall be protected from unauthorized access by appropriate security
devices. A description of proposed security measures shall be provided
as part of any application to install, build or modify wireless facilities
and wireless support structures. Additional measures may be required
as a condition of the issuance of a building permit or administrative
permit as deemed necessary by the Director or the Board of Aldermen
in the case of a conditional use permit.
5.
Lighting. Wireless facilities and wireless support structures shall
not be lighted unless required by the FAA or other governmental agency
with authority to regulate. In such case, a description of the required
lighting scheme shall be made a part of the application to install,
build or modify the wireless facilities or wireless support structures.
6.
Advertising. Unless a wireless facilities and/or wireless support
structure is disguised in the form of an advertising device, such
as a pylon sign or similar structure, the placement of advertising
on support structures, cabinets or shelters regulated by this section
is prohibited.
7.
Design.
a.
Wireless facilities and wireless support structures, except disguised
support structures shall maintain a galvanized steel finish or, subject
to the requirements of the FAA and/or any applicable governmental
agency, be painted a neutral color consistent with the natural or
built environment of the site.
b.
Wireless facilities other than antennas shall 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.
c.
Wireless facilities mounted on a building or a disguised support
structure shall be of a color identical to or closely compatible with
the surface to which they are mounted and should be made to appear
as unobtrusive as possible by location as far away as feasible from
the edge of a building. Wireless facilities and wireless support structures
mounted on the ground shall not exceed 100 feet in height, except
as provided in Subsection F3 of this section. Wireless facilities
installed on a building shall not exceed 20 feet from the highest
point of the building, other than for licensed amateur radio uses.
d.
Wireless facilities, wireless support structures and cabinets mounted
on the ground shall be surrounded by a landscape strip of not less
than 10 feet in width and planted with materials which will provide
a visual barrier to a minimum height of six feet at the time of installation.
Such landscape strip shall be exterior to any security fencing. In
lieu of the required landscape strip, a minimum six-foot-high decorative
fence or wall may be approved by the Director of Public Services in
the case of an application for a building permit or administrative
permit, or by the Board of Aldermen in the case of a conditional use
application, upon demonstration by the applicant that an equivalent
degree of visual screening is achieved.
e.
All wireless support structures shall be separated from any single-
or two-family residential structure a distance equal to the height
of the wireless support structures. Wireless support structures on
parcels adjacent to residentially zoned property shall meet the setbacks
of the applicable zoning districts required for a principal structure
along the adjoining property line(s). Where adjacent to nonresidential
zoned property, wireless support structures shall maintain setbacks
as are required for accessory structures in such district.
f.
Ground anchors of all guyed wireless support structures shall be
located on the same parcel as the wireless support structures and
meet the setbacks of the applicable zoning district.
g.
Vehicle or outdoor storage on any of the site of any wireless facility
or wireless support structure is prohibited.
h.
On-site parking for periodic maintenance and service shall be provided
at all locations as deemed necessary by the Director of Public Services
or by the Board of Aldermen in the case of a conditional use permit.
8.
Time limits. All applications regarding wireless facilities and wireless
support structures shall be processed in accordance with the time
limits established by Sections 67.5090 through 67.5103, RSMo.
9.
Fees. Fees for applications regarding wireless facilities and wireless
support structures shall not exceed the limits established by Sections
67.5090 through 67.5103, RSMo.
10.
New wireless support structure/substantial modification. Prior to
the issuance of a building permit, administrative permit, or a conditional
use permit, the City shall require an applicant proposing to construct
a new wireless support structure, or to make a substantial modification
to a wireless support structure, to include a copy of a lease, letter
of authorization, or other agreement from the property owner evidencing
the applicant's right to pursue the application and shall require
such applicant to comply with all applicable permitting and land use
ordinances of the City. Any decision denying such application shall
be provided in writing to the applicant. With regard to an application
for a new wireless support structure, the applicant shall provide
to the City a statement affirming that it conducted an analysis of
available collocation opportunities on existing wireless towers within
the same search ring defined by the applicant, solely for the purpose
of confirming that an applicant undertook such an analysis.
D.
Permitted use. The placement of the following is permitted in all
zoning districts by issuance of a building permit by St. Louis County:
1.
Collocation and replacement applications, provided that no permit
may be issued for collocation to a certified historic structure as
defined in Section 253.545, RSMo., until at least one public hearing
has been held by the Director of Public Services within 30 days prior
to issuance. The Director of Public Services shall post public notice
of such hearing in a prominent location at the City Government Center
at least 15 days in advance of such hearing and shall provide written
notice to all property owners within the City limits whose property
lies within 300 feet of the parcel for which an application has been
submitted. Collocation and replacement applications shall be required
to comply with all applicable state and local building codes, National
Electric Safety Code, recognized industry standards for structural
safety, capacity, reliability, and engineering, but shall not be required
to comply with other zoning or land use requirements, including design
or placement requirements or public hearing review.
2.
The mounting of antennas on any building or structure such as a water
tower, provided that the presence of the antennas is concealed by
architectural elements or camouflaged by painting a color identical
to the surface to which they are attached.
3.
The installation of antennas or the construction of a wireless facility
or wireless support structure on buildings or land owned by the City
following the approval of a lease agreement by the Board of Aldermen.
4.
The installation of antennas or the construction of a wireless facility
or wireless support structure on buildings or land owned by the state
or any agency of the federal government.
E.
Administrative permit required. An administrative permit issued by
the Director of Public Services is required as set forth below:
1.
Permitted placement. The placement of the following is permitted
in all zoning districts upon issuance of an administrative permit
approved by the Director of Public Services:
a.
The construction of a disguised support structure, provided that
all related equipment shall be placed underground when the structure
is located on property zoned for residential use. Equipment may be
placed in a cabinet if the disguised support structure is incidental
to a multifamily, institutional, or nonresidential use.
b.
The installation of wireless facilities or the construction of a
wireless support structure on buildings or land owned by a political
subdivision of the state.
c.
The placement of dual solar panel antennas on wooden or steel utility
poles, not to exceed 40 feet in height, provided that all related
equipment is contained in a cabinet.
d.
Wireless support structures erected and maintained for a period not
to exceed 30 days for the purpose of replacing an existing tower,
testing an existing or proposed network, or special events requiring
mobile towers.
2.
Application procedures.
a.
Applications for administrative permits shall be made on the appropriate
forms to the Director of Public Services, accompanied by payment of
the prescribed fee.
b.
A detailed site plan, based on a closed boundary survey of the host
parcel, shall be submitted indicating all existing and proposed improvements,
including buildings, drives, walkways, parking areas and other structures,
public rights-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features, and the coordinates and height above ground level of the
existing or proposed wireless facility and/or wireless support structure.
c.
The application shall be reviewed by the Director of Public Services
to determine compliance with the applicable standards and transmit
the application for review and comment by other City departments as
may be affected by the proposed wireless facilities and/or wireless
support structures.
d.
The Director of Public Services shall issue a decision on the permit
within the applicable time limits. The Director of Public Services
may consider the purposes of this section and the factors established
herein for granting a conditional use permit as well as any other
considerations consistent with this section and applicable law. A
decision to deny an application shall be made in writing, and state
the specific reasons for the denial.
F.
Conditional use permit required. All proposals to install, build or modify a wireless facility or wireless support structure not covered under § 26-77D or E, above, shall require the approval of the Board of Aldermen by conditional use permit following receipt of recommendation by the Planning, Zoning, and Architectural Review Commission and a duly advertised public hearing by the Board of Aldermen.
1.
Applications for a conditional use permit shall be filed and processed
in the manner and time frame as established under the zoning code
and, if applicable, Sections 67.5090 through 67.5103, RSMo.
2.
The review procedure for an application for a conditional use permit under this section shall be in the manner set forth in Article III (Applications and Procedures), § 26-11 (Conditional use permit), of this Code. A decision by the Board on an application shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered.
3.
No wireless support structure shall be approved in excess of 100
feet in height unless the applicant clearly demonstrates that such
height is required for the proper function of the applicant's system
or that of a public safety communications system of a governmental
entity sharing the support structure. Such showing must also be supported
by the opinion of a telecommunications consultant hired by the City
at the expense of the applicant. The report of the consultant shall
include a statement that no available alternatives exist to exceeding
the height limitation or the reason why such alternatives are not
viable.
G.
Removal of antenna support structures. Any wireless facility or support
structure no longer used for its original communications purpose shall
be removed at the owner's expense. The owner and applicable co-users
shall provide the City with a copy of any notice to the FCC of intent
to cease operations and shall have 90 days from the date of ceasing
operations to remove the facility and/or support structure. In the
case of co-use, this provision shall not become effective until all
users cease operations. Any wireless support structure, or the upper
portion of any wireless support structure, which is occupied by an
inactive antenna for a period of six months shall be deemed a nuisance
and shall be removed by the City at the owner's expense.
H.
Filing of bond or other security prior to permit issuance. To the extent permitted by law, any applicant for a new wireless facility or wireless support structure not built as a disguised support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this section, including without limitation, failure to remove such structure as required pursuant to Subsection G of this section, or any other applicable regulations. The bond or security shall be in the form approved by the Director of Public Services, in an amount not less than $15,000, or such additional amount as is determined by the Director of Public Services to protect the City in the event of noncompliance with the requirements hereof.
I.
Unlawful operation of wireless facilities or support structures.
Notwithstanding any right that may exist for a governmental entity
to operate or construct a wireless facility or support structure,
it shall be unlawful for any person to erect or operate for any private
commercial purpose any new wireless facility or support structure
in violation of this section, regardless of whether such facility
or support structure is located on land owned by a governmental entity.
[Ord. No. 5119, 1-12-2021]
A.
Definition. A "group home" is a single-family dwelling in which eight
or fewer unrelated mentally or physically handicapped persons reside
and live together functionally as a single housekeeping unit, and
may include two additional persons acting as houseparents or guardians
who need not be related to each other or to any of the mentally or
physically handicapped persons residing in the home.
B.
General requirements.
1.
No more than eight unrelated mentally or physically handicapped persons
may reside in any individual group homes.
2.
Not more than two additional persons acting as houseparents or guardians,
who need not be related to each other or to any of the mentally or
physically handicapped persons residing in the home, may also reside
on the premises. No additional employees, aside from up to two houseparents
or guardians residing on the premises, shall be full-time or part-time
employees stationed at such premises.
3.
The exterior appearance of any group home and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics and general neighborhood standards of the area within which the group home is located, as determined by the reasonable professional administrative judgment of the Director of Public Services. The exterior appearance of any group home and property shall be in reasonable conformance with the City's Property Maintenance Code as set forth in §§ 7-32 through 7-37 of this Code, and applicable provisions of the technical codes adopted pursuant to § 7-1 of this Code. Any person aggrieved by a decision of the Director of Public Services under this subsection may appeal that decision to the Board of Adjustment.
4.
Each bedroom occupied by one person shall contain at least 80 square
feet of floor space.
5.
Each bedroom occupied by more than one person shall provide at least
60 square feet of floor space per person, and no more than four persons
shall occupy each bedroom.
6.
Each home shall provide 80 square feet of interior floor space, excluding
bedrooms, kitchens, bathrooms, closets and basements, for each occupant,
including staff.
7.
Each group home shall provide sufficient off-street parking in conformity
with the parking standards set forth in this chapter to accommodate
the needs of the houseparents, residents and visitors to the premises.
C.
District requirements; conditional use permit required.
1.
No group home shall be located within 500 feet of any then-existing
group home.
2.
A separate conditional use permit shall be required for each premises
used for group home.
3.
A conditional use permit for a group home is not transferable or
assignable, including, without limitation, not transferable or assignable
to a different premises, to a different type of business, or to a
different owner or licensee, without the permission of the Board of
Aldermen. A conditional use permit for a group home is valid only
for the owner(s) named thereon, the type of facility for which a conditional
use permit has been granted, and the location for which the permit
is issued.
4.
An application for a conditional use permit for a group home shall
be filed with the Department of Public Services, with an application
fee in an amount established by the Board of Aldermen. The Department
of Public Services may provide forms to applicants for that purpose.
[Ord. No. 5370, 7-25-2023]
A.
ELECTRIC VEHICLE
ELECTRIC VEHICLE CHARGING STATION
PRIVATE ELECTRIC VEHICLE CHARGING STATION
PUBLIC ELECTRIC VEHICLE CHARGING STATION
Definitions.
Words and phrases when used in this Chapter shall have the meanings
respectively ascribed them as follows:
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; either partially
or exclusively, on electrical energy from the grid or an off-board
source, that is stored onboard via a battery. "Electric vehicle" includes:
(1) battery electric vehicles; and (2) plug-in hybrid electric vehicles.
A public or private space that is served by battery charging
station equipment.
An electric vehicle charging station that is not available
for use by the general public. Examples, include, but are not limited
to, electric vehicle charging stations that serve residential homeowners
or renters, executive parking areas, designated employee parking areas
and fleet parking areas.
An electric vehicle charging station that is accessible to
and available for use by the general public.
B.
Electric
vehicle charging stations, in general.
1.
Except
as provided below, electric vehicle charging stations may be permitted
as accessory uses upon issuance of a building permit in all zoning
districts.
2.
Public
electric vehicle charging stations shall not be permitted at single-family
residential uses.
3.
Property
owners may charge a service fee for the use of a public electric vehicle
charging station.
6.
Areas designated for electric vehicle charging will not count towards the maximum parking space ratio of a use, as described in Article VI, § 26-29 of this code. The dedication of an area for electric vehicle charging shall not reduce the number of parking spaces available to a use below its minimum required parking ratio described in Article VI, § 26-29, except as authorized by the Planning Commission through the alternative parking plan procedure described in Article VI, § 26-30.
C.
For up
to six (6) spaces which are designated as public electric vehicle
charging stations, one (1) space shall be designated for the physically
disabled, and shall comply with the standards set forth by the American
National Standards Institute (ANSI) Code. For every six (6) spaces
added thereafter, at least one (1) space shall be designated for the
physically disabled, and shall comply with the standards set forth
by the American National Standards Institute (ANSI) Code.
D.
Signage
of electric vehicle charging stations.
1.
All vehicle
charging stations, whether public or private, shall have information
posted identifying voltage and amperage levels and any type of use,
fees, or safety information related to the electric vehicle charging
station.
2.
Each
public electric vehicle charging station shall be posted with signage
indicating the space is only for electric vehicle charging purposes.
3.
The following
information shall be posted at all public electric vehicle charging
stations:
4.
No additional exterior signage in excess of two (2) square feet at each electric vehicle charging station shall be allowed, except as authorized by a conditional use permit (Article III, § 26-11 (Conditional Use Permit)). If the underlying electric vehicle charging station use requires a conditional use permit, a request for additional signage may be considered as a component of such conditional use permit application.
E.
Landscaping
and maintenance.
1.
Equipment
mounted on pedestals, lighting posts, bollards, or other devices for
charging stations shall be designed and located as to not impede pedestrian
travel or create trip hazards within the right-of-way.
2.
Charging
station outlets and connectors shall be no less than thirty-six (36)
inches and no higher than forty-eight (48) inches from the top of
the surface where mounted, and shall contain a retraction device or
a place to hang cords and connectors above the ground surface.
3.
Equipment
of both private and public electric vehicle charging stations shall
be protected by wheel stops or concrete-filled bollards.
4.
All supporting
electrical equipment, cabinets, and transformers for both private
and public vehicle charging stations shall be screened from public
view by dense landscaping or any other such material that is found
compatible and approved as part of the site plan approval process.
Said landscaping or other material shall be no less than thirty (30)
inches from the sides and back of said equipment and no less than
ten (10) feet from the front of said equipment.
5.
Electric
vehicle charging stations shall be maintained in all respects, including
the functioning of the equipment.
6.
Any inoperable
equipment of an electric vehicle charging station shall be repaired
or replaced immediately. In no event shall inoperable equipment be
allowed to remain in place for longer than one (1) year.
F.
Parking
in electric vehicle charging stations.
1.
Whenever
authorized signs are erected designating an area for public electric
vehicle charging, no person shall stop a vehicle within that marked
area unless that vehicle is an electric vehicle and connected to an
electric vehicle charging station. No person shall stop a vehicle
within an area designated as a private electric vehicle charging station
without the expressed permission of the operator of the private electric
vehicle charging station and/or the owner of the property on which
the private electric charging station is located.
2.
It shall
be unlawful for any person to cause or allow any vehicle registered
in his name or that is under his control that is not an electric vehicle
connected to an electric vehicle charging station, to be parked or
standing in a space that is designated as an area for public electric
vehicle parking or charging.
3.
The provisions
of this section may be enforced on property that is not public property
only when the owner or other person in possession or control of the
properly has requested enforcement of these provisions of this section.
G.
Compliance
with applicable law and ordinances. All electric vehicle charging
stations are subject to the requirements of this chapter and shall
also comply with zoning, building, construction, and other applicable
City ordinances and regulations.
