[Ord. No. 4190, 2-1-2021]
A.
Applicability.
1.
All uses subject to use-specific standards as indicated in Table 420.040, Table of Allowed
Uses, shall comply with the standards in this Article.
2.
Use-specific standards shall apply to all zoning districts where
that use is permitted as indicated in Table
420.040, Table of Allowed Uses, unless specifically
noted otherwise.
B.
Conflicts.
1.
Where a use-specific standard is imposed, it is to be followed
in lieu of a general provision of this Code.
2.
Where the use-specific standard does not address a required
standard and it is otherwise contained in this Code, the standard
in this Code shall be followed.
3.
In the event of a conflict between the use-specific standards
and other standards of this Code, the use-specific standards shall
control.
[Ord. No. 4190, 2-1-2021; Ord. No. 4254, 8-16-2021]
A.
Agriculture.
1.
RR Zoning District.
a.
Commercial farming is only permitted on lots greater than ten
(10) acres.
b.
Vehicles and machinery that are customarily incidental to such
uses are permitted.
c.
Any feed lot, feeding floor or structure for housing of livestock
or poultry shall be set back at least two hundred (200) feet from
any property line.
d.
The keeping of swine is prohibited.
e.
Density of horses or ponies or cattle shall not exceed one (1)
per grazing acre.
[Ord. No. 4190, 2-1-2021; Ord. No. 4413, 8-15-2022; Ord. No. 4451, 1-17-2023]
B.
Multi-Unit Building, Age-Restricted.
[Ord. No. 4577, 11-20-2023]
1.
A special use permit is required for the development of one
(1) or more age-restricted multi-unit buildings totaling seventy-five
(75) or more dwelling units in aggregate.
2.
All residents must be at least fifty-five (55) years of age.
Building caretakers and medical support personnel are exempted from
this age requirement.
3.
In the MU District, a special use permit is required for a change
of use from hotel to age-restricted multi-unit building.
C.
Mixed-Use Building.
1.
A special use permit is required for the development of one
(1) or more mixed-use buildings totaling seventy-five (75) or more
dwelling units in aggregate.
2.
The maximum net density is specified in Table 420.070.C, Maximum
Net Density for Mixed-Use Buildings.
|
Table 420.070.C
Maximum Net Density for Mixed-Use Buildings
| |
|---|---|
|
Ground Floor Nonresidential Gross Floor Area
|
Maximum Net Density
(dwelling units per acre)
|
|
Less than 25%
|
18
|
|
25% to 49%
|
22
|
|
50% to 74%
|
26
|
|
75% or more
|
30
|
3.
In the MU District, a special use permit is required for a change
of use from hotel to multi-unit dwellings within a mixed-use building.
E.
Group Home.
1.
No more than eight (8) unrelated mentally or physically handicapped
persons may reside in any individual group home.
2.
Two (2) 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.
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 Community Development Director.
4.
No group home may be established on any lot which is adjacent
to any portion of the lot line of any existing group home, whether
such existing group home is located within or outside the City.
5.
No group home which is owned or operated in whole or in part
by an affiliated person or entity that owns or operates, in whole
or in part, an existing group home may be located on the same or opposite
side of the street upon which such an existing affiliated group home
has any frontage within the same block as the existing affiliated
group home, whether such existing affiliated group home is located
within or outside the City.
[Ord. No. 4190, 2-1-2021]
A.
Treatment Facility.
1.
In residential facilities, no more than twenty (20) persons
per net acre shall reside in the building at any one time.
2.
The exterior appearance of the treatment facility shall reasonably
conform to the exterior appearance of other dwellings and/or structures
in the vicinity.
3.
A treatment facility shall not be located closer than one thousand
(1,000) feet to any other substance abuse treatment facility.
[Ord. No. 4190, 2-1-2021]
A.
Gasoline Stations.
1.
Use Restrictions.
a.
Hours of operations shall be approved as a part of the special
use permit procedure, if required.
b.
The total gasoline/fuel storage capacity of each station shall
not exceed sixty thousand (60,000) gallons.
c.
Within enclosed buildings, the sale of automotive accessories,
automotive products or additives and miscellaneous food, magazines,
video rentals, beverages and other items serving the convenience of
the motorist public shall be permitted.
d.
Facilities for lubrication, battery and brake service, tire
repair, minor adjustments, repairs and mechanical washing facilities
are permitted.
e.
No more than three (3) service bays are permitted.
f.
Facilities for painting, auto-body work, steam cleaning, major
auto repairs, utility truck and trailer rental are prohibited.
g.
When a station becomes vacant for any reason for a period exceeding
one (1) year, the property owner shall be required to remove or improve
the station. All flammable material, storage tanks and/or storage
areas shall be removed or secured in a manner approved by the City.
2.
Locational Restrictions.
a.
Gasoline stations shall be located adjacent to freeway interchanges
or on arterial and collector roads that connect directly to an interchange.
b.
Gasoline stations shall not be permitted on any lot located
within two hundred (200) feet of any existing residential use, place
of worship, health care facility, or school. Such distance shall be
measured from the property line of the gasoline station to the closest
property line of the residential use, place of worship, health care
facility, or school.
c.
On a divided arterial road, a maximum of two (2) gasoline stations
may be allowed at a four-corner intersection, regardless of their
distance from one another.
4.
Multi-Pump Dispensers, Service Islands and Canopies.
a.
One (1) multi-pump dispenser is permitted for every three thousand
six hundred thirty (3,630) square feet of lot area, not to exceed
eighteen (18) total.
b.
All multi-pump dispensers shall be mounted on raised, concrete
service islands and be covered with a canopy.
c.
The following minimum setback requirements shall apply:
|
Table 420.090.A.4
| ||||
|---|---|---|---|---|
|
Multi-Pump Dispensers, Service Islands and Canopies Setbacks
| ||||
|
Use
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
Other
(feet)
|
|
Multi-pump dispenser
|
20
|
20
|
35
|
25 between multi-pump dispensers located in the same service
island
|
|
Service island
|
None
|
None
|
None
|
20 between service islands
|
|
Canopy
|
15
|
10
|
10
|
None
|
|
Canopy support posts
|
20
|
None
|
None
|
None
|
5.
Outdoor Displays.
a.
Storage of all merchandise shall be within an enclosed building
except as permitted for limited time periods by the Community Development
Director and in conformance with the following standards:
(1)
Displays shall not be located within a service
island area.
(2)
Only automotive petroleum products and additives
and supplies may be displayed next to a service island.
(3)
In all cases, said promotional displays shall not
impede pedestrian ingress, egress or vehicular traffic site lines.
(4)
All such items shall be displayed no closer than
twenty (20) feet from any property line.
6.
Accessory Buildings.
a.
Accessory buildings or structures shall not be permitted except
for mechanical car wash, service island, canopies and trash enclosures.
7.
Landscaping.
a.
In addition to the landscape regulations in Chapter 425, Article II, the following landscape regulations shall apply to gas station developments:
(1)
The entire landscaped area shall be separated from
the paved area by a six-inch vertical concrete curb.
(2)
All areas not required to be paved shall be required
to be landscaped with a mixture of trees and grass and any combination
of trees, shrubs, flowers, grass or other living ground cover to reduce
or slow water runoff, restrict blowing trash, and deter improper and
unsafe access and site use by the public.
(3)
Landscaped areas shall not be used for the purpose
of storing vehicles, trailers or other equipment.
(4)
Irrigation systems shall be installed in landscaped
areas.
B.
Medical Marijuana Facilities And Marijuana Facilities.
[Ord. No. 4480, 3-20-2023]
1.
Purpose And Intent.
a.
The purpose of this Subsection is to regulate the placement
and operation 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.
2.
Definitions.
a.
The applicable definitions in Chapter 410, Definitions
and Interpretations, shall apply in interpretation and enforcement of this Subsection, unless otherwise specifically stated. Terms not expressly defined in this Code shall have the meaning set forth in Mo. Const. Art. XIV, Section 1(2), relating to access to medical marijuana, or Mo. Const. Art. XIV, Section 2(2) relating to marijuana legalization, if defined therein.
3.
Licensing Requirements.
a.
No medical facility or marijuana facility shall be operated
within the City without a valid license issued by the Missouri Department
of Health and Senior Services.
b.
No marijuana or marijuana-infused products shall be acquired,
certified, cultivated, delivered, manufactured, processed, sold, stored,
tested, or transported within the City, except by persons or entities
licensed for such purposes by the Missouri Department of Health and
Senior Services.
c.
Each medical facility or marijuana facility shall at all times
possess a current City business license. By obtaining a City business
license, the facility licensee irrevocably consents to the immediate
closure and cessation of operation of the facility in addition to
all other penalties or remedies available by law for the failure to
possess a current City business license.
4.
Location Limitations.
a.
No medical facility or marijuana facility shall be located within
the following:
(1)
One thousand (1,000) feet of a place of worship,
primary or secondary school, or child day-care center.
(2)
One thousand (1,000) feet of another medical facility
or marijuana facility except when marijuana sales represent less than
five percent (5%) of the dollar volume of business in a State or Federally
licensed pharmacy. Facilities under the same ownership and on the
same property are exempt from this requirement.
(3)
One thousand (1,000) feet of a public park or public
recreational facility.
(4)
Five hundred (500) feet of a residential zoning
district.
b.
Measurements.
(1)
The distances described in Subsection (B)(4)(a)(1) shall be computed as follows:
(a)
In the case of a freestanding medical facility
or marijuana facility, the distance between the facility and the place
of worship, primary or secondary school, or child day-care center
shall be measured from the external wall of the facility structure
closest in proximity to the place of worship, primary or secondary
school, or child day-care center to the closest point of the property
line of the place of worship, primary or secondary school, or child
day-care center.
(b)
In the case of a medical facility or marijuana
facility that is part of a larger structure, such as an office building
or strip mall, the distance between the facility and the place of
worship, primary or secondary school, or child day-care center shall
be measured from the property line of the place of worship, primary
or secondary school, or child day-care center to the facility's entrance
or exit closest in proximity to the place of worship, primary or secondary
school, or child day-care center.
(c)
In either case, if the place of worship, primary
or secondary school, or child day-care center is part of a larger
structure, such as an office building or strip mall, the distance
shall be measured to the entrance or exit of the place of worship,
primary or secondary school, or child day-care center closest in proximity
to the facility.
(d)
Measurements shall be made along the shortest path
between the demarcation points that can be lawfully traveled by foot.
(2)
The distances described in Subsections (B)(4)(a)(2), (B)(4)(a)(3) and (B)(4)(a)(4) shall be computed by direct measurement from the nearest property line to the nearest portion of the building housing the medical facility or marijuana facility, using a straight line.
5.
Operation Limitations.
a.
A medical marijuana dispensary facility, comprehensive marijuana
dispensary facility, or microbusiness dispensary facility may open
no earlier than 8:00 A.M. and shall close no later than 10:00 P.M.
the same day. A medical marijuana dispensary facility, comprehensive
marijuana dispensary facility, or microbusiness dispensary facility
may be open seven (7) days a week.
b.
No medical facility or marijuana facility shall emit an odor that may constitute a public nuisance as defined in Chapter 220 of the Municipal Code, Nuisances. Appropriate ventilation
systems to mitigate odor of marijuana or fumes from leaving the premises
or other changes to the facilities can be required if a public nuisance
violation occurs.
c.
The consumption, inhalation or other personal use of marijuana
or marijuana-infused products on or within the premises of a medical
facility or marijuana facility is prohibited.
d.
The consumption, inhalation or other personal use of marijuana
or marijuana-infused products on or within the premises of a marijuana
testing facility is permitted during the testing process and only
as it relates to the testing process.
C.
Sexually Oriented Businesses.
1.
No sexually oriented business shall be permitted within one
thousand two hundred (1,200) feet of any place of worship, school,
public park or any property zoned for residential use, or any City
boundary. Such distance shall be measured in a straight line without
regard to intervening properties from the closest exterior structural
wall of the establishment to the closest point on any property line
of the religious institution, school, public park, or the property
zoned for residential use, or to the closest point of the City boundary.
2.
No sexually oriented business shall be allowed to locate or
expand within one thousand (1,000) feet of any other sexually oriented
business or of any business licensed to sell or serve alcoholic beverages,
whether or not such business is also a sexually oriented business.
Such distances shall be measured in a straight line without regard
to intervening structures from the closest exterior structural wall
of each business.
3.
The facility in which the use is located shall be designed in
such a fashion that all openings, entries and windows prevent view
into such facilities from any pedestrian, sidewalk, walkway, street
or other public area.
4.
No merchandise, symbol, or pictures of products or entertainment
on the premises shall be displayed in window areas or on any sign
or any area where such merchandise or pictures can be viewed from
the exterior of the building. No flashing lights and/or lighting which
leaves the impression of motion or movement shall be permitted.
5.
No sexually oriented business shall operate or take place partially
or totally outside the establishment.
E.
Personal
Services.
[Ord. No. 4488, 4-17-2023]
1.
Tattoo And Body Piercing Parlors.
a.
Location Limitations.
(1)
No tattoo and body piercing parlor shall be located within the
following:
(2)
Such distances shall be measured in a straight line without
regard to intervening properties from the closest exterior structural
wall of the establishment to the closest point on any property line
of the place of worship, school, day-care center, public park or public
recreational facility, or the property zoned for residential use.
b.
Accessory Uses And Exceptions.
(1)
In the MU, C1, and C2 Districts, only permanent cosmetics are
permitted as an accessory use to another personal service business
in a related industry, including spas, salons, and other similar facilities.
(2)
Stores or other retail facilities that provide ear piercing
as a service accessory to and complementary to the sale of earrings
shall not be classified as tattoo and body piercing parlors.
(3)
Accessory uses are not subject to the location limitations in Section 420.090(E)(1)(a).
[Ord. No. 4190, 2-1-2021; Ord. No. 4379, 5-16-2022]
B.
Self-Storage Facility.
1.
In the LI Zoning District, self-storage facilities shall be
comprised of brick, stone or decorative masonry material for one hundred
percent (100%) of the facade(s) facing a public street and/or facing
any residential area.
2.
In the C1 and C2 Zoning Districts, self-storage facilities shall
be fully enclosed and individual storage units shall only be accessible
from indoors.
3.
No outdoor storage of commercial vehicles, heavy equipment,
machinery, or recreational vehicles is permitted.
C.
Manufacturing,
Light.
1.
In the C2 Zoning District, the minimum lot area for any lot containing
this use type is seven (7) acres.
[Ord. No. 4190, 2-1-2021]
A.
Wireless Communications.
1.
Purpose.
a.
The purposes of these regulations are to regulate the placement
and construction of wireless facilities and wireless 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 communications marketplace in the City.
Specifically, these regulations are intended to:
(1)
Provide for the appropriate location and development
of wireless communication infrastructure to serve the citizens and
businesses of the City;
(2)
Minimize adverse visual impacts of wireless facilities
and wireless 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 et seq., RSMo.
2.
Applicability.
a.
Except as otherwise noted, the requirements herein shall apply to all wireless facilities and wireless support structures as defined in Section 410.100. The following are exempt from the regulations of this Subsection to the extent indicated:
(1)
Parabolic or other similar antennas not exceeding
one (1) meter in diameter, regardless of zoning district.
(2)
Parabolic or other similar antennas not exceeding
two (2) meters in diameter in nonresidential and mixed-use zoning
districts.
(3)
Antennas designed to receive local television broadcast
signals, regardless of zoning district.
(4)
Low-powered networked communications facilities,
such as micro-cell radio transceivers located on existing utility
poles and light standards within public rights-of-way.
(5)
Send and receive citizen band radio antennas or
antennas operated by Federally licensed amateur (ham) radio operators.
(6)
Industrial, scientific and medical equipment using
frequencies regulated by the FCC.
(7)
Military, Federal, State or local government wireless
facilities and wireless support structures used exclusively for navigational
purposes, emergency preparedness, and public safety purposes.
4.
General Standards.
a.
Principal Or Accessory Use.
(1)
Wireless facilities and wireless support structures
may be either a principal use or accessory use in all zoning districts,
subject to any applicable zoning district requirement relating to
location or setback.
b.
Regulatory Compliance.
(1)
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 wireless support structures.
(2)
Should such standards or regulations be amended,
then the owner shall bring such facilities and wireless support structures
into compliance with the revised standards or regulations within six
(6) months of the effective date of the revision, unless an earlier
date is mandated by the controlling agency.
c.
Building Codes, Safety Standards And Zoning Compliance.
(1)
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, and National
Electric Safety Codes, as amended from time to time.
(2)
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.
d.
Removal Of Antenna Support Structures.
(1)
Any wireless facility or support structure no longer
used for its original communications purpose shall be removed at the
owner's expense.
(2)
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 ninety (90) days from the date of ceasing operations
to remove the facility and/or support structure.
(3)
In the case of co-use, this provision shall not
become effective until all users cease operations.
(4)
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 (6) months shall be deemed a nuisance
and shall be removed by the City at the owner's expense.
e.
Unlawful Operation Of Wireless Facilities Or Wireless Support
Structures.
(1)
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 Subsection, regardless of
whether such facility or support structure is located on land owned
by a governmental entity.
f.
Design Standards.
(1)
Color And Finish.
(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.
(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.
(2)
Height.
(a)
Wireless facilities
and wireless support structures mounted on the ground shall not exceed
fifty (50) 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 communication system of a governmental
entity sharing the support structure.
i.
Such showing must also be supported by the opinion of a consultant
hired by the City at the expense of the applicant.
ii.
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.
(b)
Wireless facilities installed on a building shall
not exceed twenty (20) feet from the highest point of the building,
other than for licensed amateur radio uses.
(3)
Landscaping.
(a)
Wireless facilities, wireless support structures
and cabinets mounted on the ground shall be surrounded by a landscape
strip of not less than ten (10) feet in width and planted with materials
which will provide a visual barrier to a minimum height of six (6)
feet at the time of installation.
(b)
Such landscape strip shall be exterior to any security
fencing.
(c)
In lieu of the required landscape strip, a minimum
six-foot-high decorative fence or wall may be approved upon demonstration
by the applicant that an equivalent degree of visual screening is
achieved.
(4)
Location And Setbacks.
(a)
Wireless support structures and wireless facilities
shall comply with the minimum setback requirements for principal structures
in the zoning district in which they are located.
(b)
All wireless support structures shall be separated
from any detached houses or duplexes a distance equal to the height
of the wireless support structures.
(c)
Ground anchors of all guyed wireless support structures
shall be located on the same parcel as the wireless support structures
and comply with the minimum setback requirements for principal structures.
(d)
Subject to these regulations and to the extent
required by Missouri Statutes, antennas shall be permitted in rights-of-way
but not the rights-of-way the City acquired by fee. The City may impose
market rate fees for use of rights-of-way.
(5)
Parking And Storage.
(a)
Vehicle or outdoor storage on the site of any wireless
facility or wireless support structure is prohibited.
(b)
On-site parking for periodic maintenance and service
shall be provided at all locations as deemed necessary by the Community
Development Director or by the Board of Aldermen in the case of a
special use permit.
(6)
Security.
(a)
All wireless facilities and wireless support structures
shall be protected from unauthorized access by appropriate security
devices.
(b)
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.
(c)
Additional measures may be required as a condition
of approval.
(7)
Lighting.
(a)
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.
5.
Review Procedures And Requirements.
a.
Time Limits.
(1)
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.
b.
Fees.
(1)
Fees for applications regarding wireless facilities
and wireless support structures shall not exceed the limits established
by Sections 67.5090 through 67.5103, RSMo.
c.
Permitted Uses.
(1)
The following are permitted uses and may be approved
administratively:
(a)
Collocation And Replacement Of Existing
Antennas. 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.
(b)
Mounting Of Antennas On Buildings Or Structures. 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.
(c)
Disguised Support Structure. 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 multi-unit
building, institutional, or nonresidential use.
(d)
Wireless Facilities And Wireless Support
Structures On Public Lands. The installation of wireless
facilities or the construction of a wireless support structure on
buildings or land owned by the Federal government, the State, a political
subdivision of the State, or the City.
(e)
Dual Solar Panel Antennas. The
placement of dual solar panel antennas on wooden or steel utility
poles, not to exceed forty (40) feet in height, provided that all
related equipment is contained in a cabinet.
(f)
Temporary Wireless Support Structures. Wireless support structures erected and maintained for a period
not to exceed thirty (30) days for the purpose of replacing an existing
wireless support structure, testing an existing or proposed network,
or special events requiring mobile wireless support structures.
(g)
Small Wireless Facilities. In accordance with Section 511.400, Small Wireless Facility Deployment, of the Municipal Code, and with the exception of those small wireless facilities meeting the criteria listed in Subsection (A)(5)(d)(1)(c).
d.
Special Permit Uses.
(1)
The following require approval of a special use permit in accordance with Section 405.170:
(a)
All proposals to install, build or modify a wireless facility or wireless support structure not listed in Subsection (A)(5)(c).
(b)
The mounting of a
proposed wireless facility on a preexisting wireless support structure
which, as applied to the structure as it was originally constructed:
i.
Increases the existing vertical height of the structure
by more than ten percent (10%); or the height of one (1) additional
antenna array with separation from the nearest existing antenna not
to exceed twenty (20) feet, whichever is greater; or
ii.
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 twenty (20) feet
or more than the width of the wireless support structure at the level
of the appurtenance, whichever is greater (except where necessary
to shelter the antenna from inclement weather or to connect the antenna
to the wireless support structure via cable);
iii.
Involves the installation of more than the standard
number of new outdoor equipment cabinets for the technology involved,
not to exceed four (4) new equipment cabinets; or
iv.
Increases the square footage of the existing equipment
compound by more than one thousand two hundred fifty (1,250) square
feet.
(c)
In accordance with Section 511.400, Small Wireless Facility Deployment, of the Municipal Code, small wireless facilities which meet the
following criteria:
i.
Small wireless facilities attached to an existing
utility pole or wireless support structure and located on private
property in the RR, R1, R2, R3, or R4 Zoning Districts; or
ii.
Small cell wireless facilities attached to a new,
replacement or modified pole and located on private property in the
RR, R1, R2, R3, or R4 Zoning Districts; or
iii.
Small cell wireless facilities attached to a new,
replacement or modified pole and located in the right-of-way adjacent
to property in the RR, R1, R2, R3, or R4 Zoning Districts; or
iv.
Small cell wireless facilities attached to a new,
replacement or modified pole and higher than fifty (50) feet above
ground elevation and higher than ten (10) feet above the height of
the tallest existing utility pole installed prior to January 1, 2019,
located within five hundred (500) feet of the subject site.
(2)
Review Criteria.
(a)
Minimal height of the proposed wireless support
structure, consistent with technical requirements of the wireless
communication service.
(b)
Maximum distance of the wireless support structure
from residential structures and residential district boundaries.
(c)
Utilization of surrounding topography to minimize
visibility of the wireless support structure from existing and future
residential areas and public streets.
(d)
Utilization of surrounding tree coverage and foliage
to minimize visibility of the wireless support structure from existing
and future residential areas and public streets.
(e)
Design of the wireless support structure, with
particular reference to design characteristics that have the effect
of the camouflaging facilities or otherwise reducing or eliminating
visual obtrusiveness.
(f)
Proposed ingress and egress.
(g)
Compliance with other provisions of this Subsection.
