Battlefield City Zoning Code
ARTICLE VI
Supplemental Use Regulations
Section 400.410 Accessory Uses And Structures.
[R.O. 2017 § 400.410; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Purpose. This Section provides for the regulation of accessory uses and structures and lists those common accessory uses and structures that are specifically permitted.
B.
Definition. In accordance with Article II, an accessory use or structure:
1.
Is subordinate to and serves a principal use or structure;
2.
Is subordinate in area, extent or purpose to the principal use or structure;
3.
Contributes to the comfort, convenience or necessity of occupants of the principal use or structure;
4.
Is located on the same lot as the principal use or structure served and shall include all structures or uses whether or not they are permanently affixed to the ground by foundation or otherwise; and
5.
Is not injurious, noxious or offensive to surrounding properties and uses.
C.
Permitted Accessory Uses And Structures. Any use or structure that complies with the definition in Section 400.410(B) may be allowed as an accessory use or structure. Accessory uses and structures include, but are not limited to, the following list of examples:
1.
Structures for parking incidental to a permitted use.
2.
Structures for storage incidental to a permitted use, provided no such structure that is accessory to a residential use shall exceed twenty-five percent (25%) of the residential structure's ground level gross floor area.
3.
Children's playhouses.
4.
Private swimming pools and bathhouses.
5.
Greenhouses.
6.
A guest house, without kitchen facilities, or rooms for guests in an accessory building provided such facilities are use for the occasional housing of guests of the occupants of the principal building and not as rental units or for permanent occupancy as housekeeping units.
7.
Satellite dish antennas.
8.
Barbecue pits.
9.
Storage of boats, boat trailers, camping trailers, small house trailers and recreational vehicles owned and used by the property owner, provided the equipment is not used for living, sleeping or housekeeping purposes when parked or stored.
11.
Restaurants, drugstores, gift shops, cocktail lounges, newsstands and other similar uses located in a permitted motel, hotel or office building.
12.
Employee restaurants and cafeterias when located in a permitted business or manufacturing building.
13.
Central laundry and washroom facilities, clubhouse, manufactured home park office and maintenance buildings when located in a manufactured home park.
14.
A day-care center located in a permitted business or manufacturing building providing day care for children of persons employed on the premises.
15.
A day-care center, hourly care center or preschool located on the same lot as a church or school.
D.
Accessory Uses Not Permitted. None of the following shall be permitted as an accessory use:
1.
Outdoor storage or overnight parking in a residence district of a commercial truck, van or bus licensed for twelve thousand (12,000) pounds or greater. School buses are permitted provided they are parked on church or school property.
2.
Outdoor storage, except as specifically permitted by the zoning district regulations.
3.
Modular homes, manufactured or mobile homes or house trailers used as storage, workshops or accessory buildings. The conversion of such dwelling units or vehicles to a purpose other than for which it is manufactured is prohibited.
4.
Living quarters in any zoning district other than a residential district unless specifically permitted.
E.
Use Limitations. All accessory uses and structures shall comply with the limitations applicable in the zoning district in which they are located. No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of construction of the principal structure to which it is accessory.
F.
Bulk And Setback Regulations. All accessory structures and uses shall comply with the bulk and setback regulations applicable in the zoning district in which they are located and with the following additional regulations:
1.
Accessory structures or uses shall be set back at least five (5) feet from the side yard lot line, except on a corner lot. When the principal use or structure is on a corner lot, the accessory structure or use shall be set back from the side yard lot adjacent to the side street a distance of no less than fifteen (15) feet.
[Ord. No. 13-12 § 1, 12-3-2013]
2.
No accessory use or structure shall be permitted in any required front yard.
Section 400.420 Temporary Uses.
[R.O. 2017 § 400.420; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 22-03, 2-15-2022; Ord. No. 22-05, 3-1-2022]
A.
Purpose. This Section provides for the regulation of land uses or structures which are in place or needed for only a short period of time.
B.
Temporary Uses Permitted.
1.
In Any District. The following uses of land are permitted in every zoning district subject to the following regulations and to the other applicable regulations of the district in which the use is permitted:
a.
Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only for the duration of the project.
b.
Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
c.
Fund-raising activities and events, such as craft sales and bazaars, for non-profit organizations such as churches, libraries and schools in the districts where the non-profit organization use is permitted, provided that each event shall not exceed a period of ten (10) consecutive days.
d.
Garage or yard sales, provided that each garage or yard sale shall not exceed a period of three (3) consecutive days.
e.
Street festivals, subject to the following limitations:
(1)
Activities, lighting, noise or traffic associated with a festival shall not unreasonably disturb surrounding residential properties not abutting directly on the street.
(2)
The festival sponsor shall provide the City with a plan for security, traffic control and parking and adequate evidence that said plan will be carried out at the expense of the sponsor.
(3)
The festival sponsor shall provide the City with a plan for ensuring that there will be no adverse environmental impact on surrounding properties during the festival operations. Such plan shall include provisions for noise abatement, sanitary needs and litter and trash controls. All cleanup and waste disposal shall be at the expense of the sponsor.
(4)
The festival sponsor shall be required to obtain a permit from the City. The City shall issue the permit upon finding that all the foregoing conditions have been or will be met. Any violation of the above conditions or plans shall be grounds for immediate revocation of the permit granted under the provisions of this Section.
f.
Temporary wireless facilities towers for special events provided the temporary tower does not exceed sixty (60) feet in height and a permit shall not be issued for a period of time exceeding two (2) days preceding and following the special event. Temporary towers may also be located on the same site as an approved permanent tower during the period that the permanent tower is being constructed.
2.
In Specific Districts. The following temporary uses of land or structures are permitted in the specific zoning districts listed, subject to the limitations in this Section and the other applicable regulations in the district or districts in which the temporary use is permitted:
a.
In "R-1" and "R-2" Residence Districts. Seasonal sale of farm produce grown on the premises, to continue for not more than five (5) months per year. Structures incidental to such sale need not comply with the applicable front yard setback requirements, provided that such structures shall either be removed or moved back of the required front yard setback at the end of the season during which they are used.
b.
In the "C-1," "C-2," "M-1" Districts.
(1)
Christmas tree sales for a period not to exceed thirty-five (35) days. Display of Christmas trees need not comply with the yard and setback requirements of this Chapter provided that no tree shall be displayed within thirty (30) feet of the intersection of the curbline of any two (2) streets or any sight triangle required in the City of Battlefield design standards for public improvements.
(2)
Promotional activities of retail merchants involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than two (2) consecutive weeks in any three-month period.
(a)
These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, appliances, plumbing, housewares, automobiles or other vehicles, trailers and equipment rental or other secondhand merchandise in those districts which do not otherwise permit such uses.
(b)
No permit for a temporary promotional use shall be granted where the promotional activities, lighting, noise or increased traffic associated with the temporary use will unreasonably disturb adjacent residential properties.
(c)
No more than two (2) permits for a temporary promotional use on the same property shall be issued by the City during any six-month period.
C.
Temporary Vendors. This Subsection provides for the regulation of land uses or structures which are in place or needed for only a short period of time.
1.
Temporary Vendors Permitted In Specific Districts. Temporary vendors are permitted in the "C-1" and "C-2" Districts. Only those uses permitted in the zoning district in which the temporary vendor is located may be conducted.
2.
Permit Required. A permit is required for each temporary vendor site. The application for a temporary vendor permit shall include the following information:
a.
Name and address of applicant.
b.
Property owner's name and address.
c.
Letter from the property owner authorizing the site to be used by the temporary vendor for the specific stated purpose.
d.
Description of the proposed temporary use of the site.
e.
A plan drawn to scale showing the dimensions of the property, required setbacks, the location and dimensions of the temporary use, indicating that the temporary use does not encroach into the required setbacks or sight triangles.
f.
The location and number of parking spaces for the temporary use and the number of parking spaces required for the permanent business on the site. Parking spaces required for the permanent business shall not be utilized as a portion of the temporary vendor site.
g.
The following additional information is required to erect a temporary structure on an existing parking lot (excluding vehicles or trailers on wheels with a license to operate on roadways):
(1)
Written permission from the landowner to authorize use of the land for a temporary structure.
(2)
Setbacks for the property indicating the temporary structure does not encroach upon the required setbacks.
(3)
Written verification the temporary structure conforms to the requirements of the City Building Code.
3.
Permit Period. A temporary vendor permit shall be valid for six (6) months within one (1) calendar year, including the time to erect and dismantle any temporary structure.
4.
Licenses Required. A temporary vendor shall not occupy a temporary vendor site or engage in the business of selling merchandise within the City of Battlefield without first obtaining a business license from the City. A business license may be issued to a temporary vendor for a specific vendor site for the period of time approval has been granted for the vendor site. A copy of this license must be on display, in full view of the public, on the approved site. No property owner shall allow any temporary vendor to occupy any part of his/her premises without approval being granted by the City for the actual location of the temporary vendor business and a City business license being issued and in effect for the temporary vendor.
5.
Number Of Permits. No more than two (2) permits for a temporary vendor use on the same property shall be issued by the City during any six-month period.
D.
Mobile Vending Units (Food Trucks).
1.
Location And Placement. All mobile vending units shall be only allowed to operate on private property in the "C-1" — Neighborhood Business District, "C-2" — General Commercial District and "M-1" — Industrial District, subject to the provisions of this Section, and provided that the private property that the mobile vending unit is placed upon has secured a valid mobile vending unit temporary use permit.
2.
The mobile vending unit temporary use permit, as applied and granted for a property owner for multiple mobile vending units on multiple days, shall be valid for one (1) calendar year and must be obtained prior to the setup, operation and sales from any mobile vending unit. The permit fee for a mobile vending unit temporary use permit shall be fifty dollars ($50.00) yearly.
3.
The mobile vending unit temporary use permit, as applied and granted for an individual mobile vending unit for a single day, shall be valid for a single day and must be obtained prior to the setup, operation, and sales from any mobile vending unit. The fee for this individual mobile vending unit permit shall be five dollars ($5.00). The fee of five dollars ($5.00) shall be waived when the mobile vending unit obtains a City-issued business license at the rate of ten dollars ($10.00) as specified in Section 605.030(C).
4.
No mobile vending unit shall operate or be located within or upon:
a.
Properties developed with single-family residential dwellings or multi-family dwellings which do not have a planned development district zoning.
b.
Designated fire lanes or no-parking zones.
c.
Landscaped areas of the property.
d.
Unpaved lots that are unimproved with either asphalt and/or concrete surfaces.
5.
Operation Requirements.
a.
All mobile vending units shall be self-contained. "Self-contained" in this case is defined as having an approved storage tank for all wastewaters. This tank shall be emptied into an approved location containing a fats, oils, grease and sand interceptor and not directly into any sanitary sewer inlet.
b.
No mobile vending unit shall be permitted to operate longer than the normal business hours of the licensing permissions of the property owner's business.
c.
Signs associated with the mobile vending unit shall adhere to the requirements of Section 400.240.
d.
Canopies, awnings, or umbrellas attached to the mobile vending unit shall not use stakes or rods, or any other method of support that is drilled, driven or otherwise affixed to asphalt or concrete pavement, curbs, sidewalks or buildings.
e.
Operators of mobile vending units or the property business owner shall provide trash receptacles with self-closing lids near the front of the vending unit for use by patrons.
f.
Operators of the mobile vending unit are required to have access to restroom facilities within five hundred (500) feet of the mobile vending unit's location where it is in operation for more than two (2) hours in any single day.
g.
Only two (2) mobile vending units may simultaneously operate on any property at any given time.
h.
Proper and adequate lighting shall be provided to ensure customer safety.
i.
Mobile vending units shall have a valid business license as issued by the City of Battlefield.
j.
Mobile vending units shall have a Springfield/Greene County mobile food service permit valid for the current year.
k.
Mobile vending unit operator shall provide a proof of sales tax permit.
Section 400.430 Home Occupations.
[R.O. 2017 § 400.430; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Authorization. Any home occupation that is incidental to the principal use of a building as a dwelling unit shall be permitted in any dwelling unit subject to the provisions of this Section.
B. HOME OCCUPATION
Definition.
An activity carried out for compensation in a residential dwelling unit or in a structure that is accessory to the residential dwelling.
C.
Home Occupations Permitted. Home occupations include, but are not limited to, the following:
1.
Dressmakers, seamstresses, tailors.
2.
Artists, sculptors, photographers, authors and composers.
3.
Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, accountants, ministers, priests, rabbis, sales representatives, manufacturers' representatives, home builders, home repair contractors, trash haulers and similar occupations, provided that no retailing and wholesaling of goods and materials are conducted on the premises.
4.
Music and art teachers or other tutoring services.
5.
Computer programming and data processing.
6.
Mail order and internet order, not including retail sales from the site.
7.
Telephone answering or similar telecommunication services.
8.
Washing and ironing.
9.
Home crafts, such as model making, weaving, woodworking, ceramics and similar activities, provided that no machinery or equipment shall be used other than that which would customarily be found in the home, including machinery and equipment that would ordinarily be used in connection with a hobby or avocation not conducted for gain or profit.
10.
"Work at home" activities where employees of a business, located at another site, perform work for the business in their own residences, provided all physical contact between the employee and the business occurs at the place of business, other than the initial installation of any equipment or other work facilities in the employee's residence. The work activities of the employee shall conform to all other requirements of this Section.
D.
Performance Standards. In addition to all limitations applicable to the zoning district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
1.
The home occupation shall be conducted entirely within the principal residential structure or in a permitted accessory building.
2.
No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.
3.
There shall be no outdoor storage of materials or equipment used in the home occupation.
4.
No more than twenty-five percent (25%) of the gross floor area of the primary residential dwelling may be used for a home occupation.
5.
No stock-in-trade shall be displayed or sold on the premises.
6.
No manufacturing or processing of any sort shall be done, except as permitted in Section 400.430(C).
7.
No stock-in-trade, except articles produced by members of the family residing on the premises, shall be stored on the premises.
8.
No sign shall advertise the presence or conduct of the home occupation.
9.
No person other than an immediate member of the family related by blood, marriage, adoption or custodial relationship occupying the dwelling shall be employed in the home occupation.
10.
No mechanical or electrical equipment other than normal domestic or household equipment shall be used.
11.
The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States Mail, similar parcel delivery services or private vehicles with a gross vehicle weight rating of ten thousand (10,000) pounds or less.
12.
No vehicles shall be parked and no equipment or materials shall be stored on the premises for trash haulers, home builders, home repair contractors and similar occupations.
13.
The home occupation shall not produce offensive noise, vibration, illumination, smoke, electrical interference, dust, odors or heat. Any such condition detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a duplex or multifamily structure, shall constitute a violation of this Section.
E.
Particular Home Occupations Prohibited. Permitted home occupations shall not include the following types of activities and uses:
1.
Animal hospitals, stables or kennels.
2.
Auto repairing and painting.
3.
Barber- and beauty shops, unless specifically permitted by the zoning district regulations.
4.
Boardinghouses and lodging houses, unless specifically permitted by the zoning district regulations.
5.
Dancing schools and studios.
6.
Funeral homes or mortuaries.
7.
Furniture repairing and refinishing.
8.
Medical offices for doctors, dentists or veterinarians.
9.
Nursery schools, day-care homes and day-care centers, unless specifically permitted by the zoning district regulations.
10.
Palm reading or fortune-telling.
11.
Photofinishing.
12.
Portrait studios.
13.
Preparation of food for sale.
14.
Radio and television repair shops.
15.
Raising animals for sale.
16.
Restaurants.
17.
Shops for contractors and tradesmen, such as electricians, plumbers and carpenters.
18.
Sign painting.
19.
Tattoo parlors.
Section 400.440 Exceptions To Height Regulations.
[R.O. 2017 § 400.440; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
The following structures are not subject to the height limitations in this Chapter:
1.
When they are an integral part of a building: Elevator machinery, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers (excluding radio, television and telecommunications towers), steeples, flagpoles, silos, chimneys and smokestacks. No space above the height limit shall be used to provide additional floor space for the use being conducted on the premises.
2.
When they are a separate structure: Water standpipes, water ground storage tanks or similar structures.
Section 400.450 Supplemental Yard And Open Space Regulations.
[R.O. 2017 § 400.450; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Front Yard Regulations. All property shall have a front yard of not less than prescribed in Article V, Zoning District Regulations, except that the following provisions shall apply:
1.
Where the front yard setback of existing buildings on platted lots of record fronting the same street is less than the required front yard specified in this Chapter, any building or structure hereafter erected or structurally altered or enlarged shall conform to the following:
a.
On interior lots where the frontage is located between two (2) intersecting streets, the front yard setback line shall be at least the average setback of the two (2) adjacent developed lots fronting the same street.
b.
On interior lots where the frontage is located between two (2) intersecting streets and only one (1) adjacent lot is developed, the setback line shall be at least the average between the setback of the existing building and the minimum required front yard setback on the vacant lot.
c.
On corner lots where the frontage is located at the intersection of two (2) streets and the zoning district requires a setback, the front yard setback line shall be the average of the adjacent existing building setback and the required minimum setback fronting the same street. However, no structure shall be located in an area formed by a triangle measured twenty-five (25) feet along the right-of-way lines from the intersection of adjacent street right-of-way lines.
2.
Where property on one (1) side of the street between two (2) intersecting streets is located in a non-residential district adjacent to a residential district, the front yard setback required in the residential district shall also apply to the non-residential district. This requirement shall apply only to the first one hundred (100) linear feet of frontage zoned non-residential. No parking shall be permitted within the required front yard setback.
3.
On culs-de-sac, the front yard setback line shall be located on the lot so that it is parallel to a line drawn tangent to the cul-de-sac right-of-way line at the center of the lot frontage. The front yard setback line shall be located at a distance from the cul-de-sac right-of-way line where the length of the front yard setback line is equal to the minimum lot width required in the zoning district and the resulting front yard setback is at least equal to the minimum required in the zoning district.
B.
Exceptions To Yard Regulations. The following exceptions shall be permitted to yard and area regulations:
1.
Peculiar Shape Of Yard. Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, such regulations may be modified or determined by the Board of Adjustment as provided in Article III.
2.
Variations From Major Street Plan. Where the Board of Aldermen has adopted right-of-way of greater or lesser width from those established by the City's major street plan, the right-of-way established by the Board of Aldermen shall apply. Such right-of-way width shall be used in determining yard requirements.
3.
Modification Of Lot Width. Where an odd-shaped lot has more than the required area for its particular zoning district, the width of such lot may be computed in the most buildable portion having minimum area requirements, provided that it complies with all bulk and open space requirements for the zoning district.
C.
Vision Clearance Requirements.
1.
Front Yards.
a.
No Obstructions In Front Yards. On any lot which a front yard is required by this Chapter, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or object of any kind shall be maintained in such location within such required front yard so as to obstruct the view, except as permitted by this Section.
b.
Fences In Front Yards. Open fences not exceeding fifteen percent (15%) screening or less than eighty-five percent (85%) open voids and three and one-half (3 1/2) feet in height above grade shall not be deemed to obstruct the view. Questions on yard grade shall be resolved by the City.
2.
Sight Triangles. Unless otherwise permitted by this Chapter, no wall, fence, other structure, hedge, tree, shrub, other vegetation or landscaping materials over two (2) feet in height shall be placed within the sight triangle formed by the intersection of two (2) public streets as defined in Article X or within the sight triangle formed by the intersection of a public street and a driveway as defined in Article X. However, a single tree having a single trunk shall be allowed in a sight triangle provided the tree is pruned to a height of seven (7) feet above the yard grade.
3.
When Front Yard Not Required. On any lot on which a front yard is not required by this Chapter, no wall, fence, other structure, hedge, tree, shrub, other vegetation or landscaping materials over two (2) feet or under seven (7) feet in height above the lowest grade of two (2) or more intersecting streets shall be placed within the street intersection sight triangle, the two (2) sides of which are defined by measuring twice the pavement width of each intersecting street, as classified in the City's major street plan, along its center line from the center of the intersection.
D.
Yard Requirements For Open Land. If a lot is or will be occupied by a permitted use without buildings or structures, then the minimum front, side and rear yards that would otherwise be required for such lot shall be provided and maintained unless other provision of this Chapter requires or permits a different minimum front, side or rear yard. Front, side and rear yards shall not be required on lots used for garden purposes without structures or on lots used for open public recreation areas.
Section 400.460 Adult Entertainment.
[R.O. 2017 § 400.460; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Purpose. The purpose of these regulations is to protect residential property values by restricting the location of adult entertainment businesses. National studies indicate that such businesses are perceived to have a negative impact on residential property values. Dispersion of adult businesses is required in order to avoid concentration of uses that have a negative impact on adjoining property values.
B.
Location. An adult cabaret or adult media store may locate only as conditional uses in the "M-1" Zoning District. Such uses are prohibited within the area circumscribed by a circle that has a radius of five hundred (500) feet from any residential zoning district, school, park, church or public community center. No more than one (1) such use may locate within each one thousand (1,000) feet.
C.
Distance Measured. The distance required in Section 400.460(B) shall be measured by following a straight line, without regard to intervening structures or objects, from the adult cabaret or adult media store to the nearest point of the parcel of property containing a school, park, church, public community center or a residential zoning district boundary line.
Section 400.470 Telecommunications Facilities.
[R.O. 2017 § 400.470; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Telecommunication Towers.
1.
Federal Jurisdiction. The Federal Communications Commission (FCC) has exclusive jurisdiction over:
2.
The presence of telecommunications towers, large enclosures, satellite dishes and other large unmovable objects other than standard wood utility poles on the rights-of-way, rather than on private utility easements or fee simple title interests, are a danger to the traveling public and an interference with the use and enjoyment of the rights-of-way by abutting landowners and members of the public.
3.
Purposes. The general purpose of this Section is to regulate the placement, construction and modification of towers and telecommunications facilities 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 Battlefield. More specifically, the purposes are:
a.
To direct the location of towers and telecommunication facilities in the City;
b.
To protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities;
c.
To minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques;
d.
To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
e.
To avoid potential damage to adjacent properties caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed.
f.
To the greatest extent feasible, ensure that towers and telecommunications facilities are compatible with surrounding land uses.
g.
To the greatest extent feasible, ensure that proposed towers and telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.
h.
To create a licensing process which allows the City to more efficiently administer this Section.
4.
Applicability.
a.
All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City, are subject to this Chapter. All towers within the City at the effective date of this Chapter, or that are annexed at a later date, shall be registered with the City Clerk within sixty (60) days from the effective date thereof together with the height, width and location thereof. Failure to register an existing tower shall raise a presumption that said tower was not a legal non-conforming use on the date of passage of this Chapter. However, this Chapter shall not apply to tower structures used or to be used solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission or to towers and antennas used for private telecommunications services when the equipment is located on the premises of the entity using said private telecommunication service or the towers and antennas, support structure or masts are located on the primary business premises of a provider of communications services if used to monitor the provider's services and the equipment used by the broadcaster, private telecommunicator or provider is in compliance with any Federal, State or local laws and does not encroach on the public rights-of-way.
b.
Except as provided in this Chapter, any current legal use being made of an existing tower or antenna support structure on the effective date of this Chapter (herein "non-conforming structures") shall be allowed to continue, even if in conflict with the terms of this Chapter.
B. ACT ANTENNA SUPPORT STRUCTURE APPLICANT APPLICATION CITY COMMUNICATIONS or TELECOMMUNICATIONS FCC LICENSEE PERSON SITE STEALTH TELECOMMUNICATIONS FACILITIES1. 2. a. b. c. TOWER
Definitions. For the purposes of this Section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory.
The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may from time to time be amended.[1]
Any building or other structure, other than a tower, that can be used for location of wireless telecommunications facilities.
Any person that applies for a tower license pursuant to this Chapter.
The process by which an applicant submits a request and indicates a desire to be granted a license to construct, own or operate a tower within the City. An application includes all written documentation made by an applicant to the City concerning such a request.
The City of Battlefield, a municipal corporation in the State of Missouri acting by and through its City's Officers.
The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols.
The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
Any person who has lawfully obtained a tower license pursuant to Section 400.470(E).
Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for-profit or not-for-profit.
The actual location of a tower and may be only part of a larger parcel or premises.
Any towers or telecommunications facilities that are designed to blend into the surrounding environment.
Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the wireless transmission or reception of wireless telecommunications as authorized by the FCC which a person seeks to locate or has installed upon a tower or antenna support structure.
However, the term "telecommunications facilities" shall not include:
Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned and used for industrial or commercial purposes;
Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category;
Any satellite earth station in excess of two (2) meters in diameter which is utilized for the reception of broadcast television, video or radio signals and which is an ancillary use to a structure on the premises of the holder of the broadcast license.
A self-supporting lattice, guyed or monopole structure constructed from grade which supports wireless telecommunications facilities. The term "tower" shall not include amateur radio operators equipment as licensed by the FCC. The term "tower" does not include utility poles that are utilized for the support of electrical, telephone, cable television or other similar cables and wires; are located on public rights-of-ways or easements for that purpose; and are a part of a system of such poles throughout the City of Battlefield, Missouri.
[1]
Editor's Note: See 47 U.S.C. § 151 et seq.
C.
Permitted, Conditional And Accessory Uses.
1.
Generally. The allowable use of towers and placement of telecommunications facilities as either permitted uses or conditional uses in the several zoning districts shall be as set forth herein and in Article V.
2.
Wireless facilities and telecommunications towers shall be of the following types:
Types | |
|---|---|
I | Wireless facilities and antennas mounted on buildings or other structures, including existing towers, public buildings and structures, school buildings and structures and churches |
II | Cell towers of a stealth design that are not greater than 60 feet in height, located on the same premises or parcel as public buildings and structures, school buildings and facilities, church buildings and non-commercial, not-for-profit residential neighborhood facilities and approved by ordinance |
III | Cell towers of a monopole or stealth design that are less than 100 feet in height |
IV | Cell towers of a monopole or stealth design that are more than 100 feet in height |
V | Cell towers not of monopole or stealth design, 100 feet or taller and not able to co-locate additional facilities |
a.
In no event shall a licensee be required to allow co-location of facilities if to do so would result in technical interference with the delivery of licensee's service. Failure to permit co-location or joint use on a tower which has been built in accordance with setbacks and special conditions permitted for towers designed for co-location may result in any enforcement action as permitted in this Chapter.
3.
Same Tower Type. A tower which is modified to accommodate the co-location of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval of the City if it is demonstrated that permitting a different tower type will not exceed the height permitted in Section 400.470(C)(2) and will permit the co-location of more carriers than could be accomplished by the modification of the same tower type as the existing tower.
4.
Movement Of Tower. No towers shall be relocated without going through the appropriate permitting and licensing procedure.
5.
Appeal Process. Any applicant who is denied a tower application or who is determined by the City to be in violation of this Section shall have the right of a hearing before an administrative hearing examiner appointed by the Mayor and mutually agreeable to the applicant or tower owner. The hearing examiner shall set the hearing date no later than twenty (20) days following the denial of an application or the determination of a violation and shall consider, in addition to a determination of whether or not a violation exists or the application was improperly denied, the question of the technical or economic feasibility of compliance with this Section. In the event the hearing examiner finds that the tower was constructed in accordance with setback and other provisions relating to towers designed for co-location and said tower is not being made available for joint use or co-location as indicated at the time of application, the hearing examiner shall order utilities disconnected until such time as the tower is used jointly for co-location as originally stated in the application. The hearing examiner's final decision shall be subject to review pursuant to Chapter 536, RSMo. Any appeal under said Chapter shall be filed within thirty (30) days from the date of the hearing examiner's decision. Enforcement of the decision of the hearing examiner may be stayed by the posting of a supersedeas bond in an amount determined by the hearing examiner to be sufficient under the facts of the case to protect the interests of the public and any third party in the matter whose rights would be adversely affected by such a stay as demonstrated during any hearing on a request for said bond.
D.
Construction Standards.
1.
Setbacks.
a.
All towers shall be set back a distance equal to:
(1)
Fifty percent (50%) of the height of the tower up to one hundred (100) feet plus one (1) foot for each foot over one hundred (100) feet in height; or
(2)
The distance between the tower base and guy wire anchors, whichever is greater, with the guy wire anchors set back at least twenty-five (25) feet from adjoining residential districts, public property or a street or at least the rear yard setback from adjoining land in other districts, unless the tower is designed for co-location.
(3)
In the event a tower is capable of being used for co-location for at least two (2) additional carriers, the setbacks for structures in the zoning district where the tower is located shall be complied with for the tower base and any guy wire anchors.
b.
Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located.
3.
Separation Or Buffer Requirements.
a.
Towers shall be separated from the types of areas and comply with the minimum standards established in the table set forth below unless: 1) constructed on the same site as another tower designed for the same purpose; 2) the second tower is permitted by the zoning district; and 3) the height of the second tower does not exceed the height permitted in the zoning district where the tower is to be located:
Designated Area | Separation Distance |
|---|---|
Single-family or two-family residential units in a residential district1 | 300 feet If the tower1 is of a stealth design or is designed for co-location of an additional carrier, then the separation distance may be reduced to 100% of the height of the tower |
Vacant single-family or two-family residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 300 feet If the tower1 is of a stealth design or is designed for co-location of an additional carrier, then the separation distance may be reduced to 100% of the height of the tower |
Vacant unplatted residentially zoned land and residential units in non-residential-zoned districts | 200 feet or 100% height of tower2, whichever is greater |
Existing multifamily residential units greater than two-family units | 100 feet or 100% height of tower, whichever is greater |
Non-residentially zoned lands or non-residential uses | None; only setbacks apply |
NOTES: | |
|---|---|
1 | Includes modular homes and mobile homes used for living purposes. Separation from a unit for purposes of this table is to be measured from the edge of the building or structure itself. |
2 | Separation measured from the center of the tower to closest building setback line. |
b.
The minimum tower separation distances above listed shall be calculated and applied irrespective of City and County jurisdictional boundaries.
c.
Measurement of tower separation distances for the purpose of compliance with this Section shall be measured from the center of a tower to the closest point of a designated area as specified in the table above set forth.
d.
Separation distances from other uses set forth in this Section may be reduced for towers designed for the co-location of telecommunications facilities of other carriers by obtaining a conditional use permit which will require demonstrating that the separation distances will 1) have the effect of preventing service to an area of the City; or 2) constitute a barrier to entry into the market place by the applicant; or 3) constitute a technical or economic hardship on the applicant.
(1)
Additionally, the applicant must demonstrate that: 1) the location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located and that landscaping techniques will be used to screen the tower from any adjacent residential use; and 2) the proposed tower will accommodate at least two (2) additional carriers of various telecommunications services.
(2)
The Board of Aldermen shall consider the information presented by the applicant and determine if a special exception would conflict with the purposes of this Section, would create a blight on adjacent property or interfere with adjacent uses within the separation area. If the tower requires a use permit, then said showing shall be made to the Planning and Zoning Commission and Board of Aldermen as a part of the conditional use permit process.
e.
Proposed towers must meet the following minimum separation requirements from towers existing at the time a license is granted unless constructed for the purpose of providing co-location capacity on the same site as another tower designed for the same purpose, the second tower is permitted by the zoning district, and the height of the second tower does not exceed the height permitted in the zoning district where the tower is to be located. However, an exception from separation distances between towers may be obtained from the Board of Aldermen if the applicant can demonstrate that such an exception is necessary for the engineering design of the system the tower is to be a part of or that no other option is available to provide coverage for the service area. An exception to the separation requirements shall be approved or denied by ordinance.
Proposed Tower Types | Existing Tower Types | |||
|---|---|---|---|---|
Lattice or guyed 150 feet in height or greater | Lattice or guyed less than 150 feet in height | Monopole towers 75 feet in height or greater | Monopole towers less than 75 feet in height | |
Lattice | 3,000 feet | 2,500 feet | 1,500 feet | 750 feet |
Guyed | 3,000 feet | 2,500 feet | 1,500 feet | 750 feet |
Monopole 75 feet in height or greater | 1,500 feet | 1,500 feet | 1,500 feet | 750 feet |
Monopole less than 75 feet in height | 750 feet | 750 feet | 750 feet | 750 feet |
(1)
For the purpose of this Subsection, the separation distances shall be measured by drawing or following a straight line between the center of the existing tower and the center of the proposed tower.
4.
Method Of Determining Tower Height. The height of the tower shall be measured as follows: The vertical distance between the highest point of the tower and the natural grade below this point.
5.
Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower dual mode lighting shall be requested from the FAA in cases where there are residential uses located within a distance from the proposed tower that is equal to three (3) times the proposed height of the tower.
6.
Finished Color And Tower Markings. Towers not requiring FAA painting or marking shall have either a galvanized steel finish or be painted an off-white, light gray, silver or white finish. No commercial signs or advertising shall be allowed on any towers or telecommunications facilities.
7.
Fencing And Screening. Fences must be constructed around or upon parcels containing towers, antenna support structures or telecommunications facilities and shall be constructed in accordance with this Chapter.
8.
Buffer Yard And Landscape. All landscaping on parcels containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable buffer yard requirements in the zoning district where the tower, antenna support structure or telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. However, the City may require additional landscaping if to do so would make the tower, antenna support structure or telecommunications facility more reasonably compatible with the surrounding area. All vegetation used in the landscaping shall be located outside any fenced area.
9.
Security. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities.
a.
If high voltage is necessary for the operation of a tower or telecommunications facilities and it is presented in a ground grid or in the tower, warning signs shall be permanently attached to the exterior side of the perimeter fence and located every twenty (20) feet. The signs shall display in bold letters at least eight (8) inches high the following: HIGH VOLTAGE — DANGER.
b.
Identification tags or signs shall be posted on all communications towers and telecommunications facilities in accordance with FCC and OSHA requirements. The tags shall include the FCC tower registration number, the latitude and longitude of the tower and the name, address and telephone number of the tower owner. The identification tags shall be posted on the perimeter fence and shall be constructed of durable materials.
10.
Access. All parcels upon which towers are located must provide adequate on-site parking. Traffic associated with the facility shall not adversely affect traffic on adjacent streets.
11.
Interference With Public Safety Radio Services. In order to ensure that public safety radio services will be free from objectionable technical interference, all applicants requesting a permit to site a tower or telecommunications facilities shall agree:
a.
To demonstrate compliance with good engineering practices;
b.
To provide the City a copy of all intermodulation studies submitted to the FCC;
c.
Not to induce objectionable technical interference to public safety radio services serving the City;
d.
To comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements and any and all other Federal statutory and regulatory requirements relating to radio frequency interference (RFI);
e.
To pay for any studies requested by the City to determine if the applicant's telecommunications facilities are causing objectionable technical interference;
f.
Upon notification by the City, if the operations of the applicant are causing objectionable technical interference, to immediately undertake all steps necessary to determine the cause of and eliminate such interference at the cost of the applicant. If said interference continues for a period in excess of forty-eight (48) hours after notice from the City, the City shall have the right to cause the applicant to cease operating the equipment that is causing the objectionable technical interference or to reduce the power sufficiently to mitigate the objectionable technical interference until the condition causing said interference has abated.
12.
Certifications And Inspections.
a.
All towers shall be certified by a structural engineer to be structurally sound and in conformance with the requirements of the City Building Code[3] and all other construction standards set forth by the City's Code and Federal and State law. For new monopole towers, such certification shall be submitted with an application pursuant to Section 400.470(E)(4) and every ten (10) years thereafter; for existing monopole towers or new lattice or guyed towers, such certification shall be submitted within sixty (60) days of the effective date of this Chapter and then every ten (10) years thereafter. The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is or has been jeopardized.
b.
The City and its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the City's Building Code[4] and all other construction standards provided by the City's ordinances and Federal and State law.
c.
The City reserves the right to conduct such inspections at any time upon reasonable notice to the tower owner. All expenses related to such inspections by the City shall be borne by the tower owner.
13.
Maintenance.
a.
Licensees shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
b.
Licensees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, State and local regulations and in such manner that will not interfere with the use of other property.
c.
All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
14.
Drainage. All parcels upon which towers approved by the City are located must provide adequate measures to protect against drainage or stormwater runoff problems both on site and off site.
15.
Stealth Design. All licensees shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they are located, including the use of camouflage techniques, path array antennas and side-mounting antennas unless such use shall create a hazard for the traveling public or it is not technically feasible to use such design and co-locate other facilities on the tower.
E.
Licensing Requirement.
1.
License Required. No person may own or operate a tower or place wireless telecommunications facilities on a tower without first obtaining from the City a license to do so pursuant to this Subsection (herein referred to as "tower license" or "license"). This requirement applies both to new towers and to existing towers or non-conforming structures on the date of passage of this Chapter. Unless otherwise expressly provided elsewhere in this Section, the license required by this Subsection is in addition to all other applicable provisions of the zoning district and requirements for a building permit to construct the tower itself. A license may be denied if the applicant is not in compliance with any other provision of the Battlefield Zoning Regulations regarding the use or provision of towers, telecommunications services or public property, health or safety. The license required under this Subsection shall not be in lieu of a license to conduct business in the City of Battlefield, Missouri. Owners of existing towers and facilities on such towers shall have six (6) months from passage of this Section to obtain a license as required by this Subsection. A license shall be for a term of not more than five (5) years. A renewal must be made in compliance with this Section 400.470(E)(1) and an applicant must demonstrate an existing tower or telecommunications facilities are needed and reasonable alternatives will not meet their needs for continued service capability.
2.
Applications For Towers. In order to construct and operate a tower after the August 23, 2001, a person must file the following applications:
a.
License Application.
(1)
Prior to the construction of any tower, a license application shall be submitted to the City Clerk. The City reserves the right to employ an outside consultant to review any application. The applicant shall submit a fee in the amount of the City's estimated expense related to such review as an additional application fee prior to the City incurring such expenses. All tower license applications shall include the following information and documentation:
(a)
The name, address and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner and the name, address, telephone number of the owner shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provision of Section 400.470(H) regarding abandonment.
(b)
An affirmative statement of whether or not the applicant will be developing the tower for its own use or for the use of others.
(i)
If for applicant's use, the following is required:
A)
A description of the use.
B)
A description of the network the proposed tower will be part of.
C)
A description of the technological design proposed and description of alternatives.
D)
Evidence of drive-by tests or other studies relating to the proposed tower which support location on the proposed property.
E)
Construction date or schedule.
(ii)
If the applicant is developing the proposed tower for the use of another, in addition to the information required in Subsection (E)(2)(a)(1)(a), the applicant will identify whether or not the intended tower use is based on a lease or other contract or for speculation. The City may require evidence of the schedule for implementing the use of a tower and commitments for its use.
(c)
The legal description, parcel identification number and address of the parcel of land upon which the tower is to be situated.
(d)
The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures which are capable of providing a location to construct the telecommunications facilities that are planned to be housed or located on the tower within a radius of three thousand (3,000) feet of the proposed new tower site, including City-owned property.
(e)
Written documentation that the applicant made diligent but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications facilities on City-owned towers or usable antenna support structures or made diligent but unsuccessful efforts to install or co-locate the applicant's telecommunications facilities on towers or usable antenna support structures owned by other persons.
(f)
Written documentation containing the following information:
(i)
Whether the applicant's telecommunications facilities are technically capable of being installed or co-located on another person's tower or usable antenna support structure.
(ii)
If the applicant asserts that its telecommunications facilities are economically or technically infeasible of being installed or co-located on another person's tower or usable antenna support structure, a written statement from the applicant setting forth in detail the reason(s), with regard to each person contacted, why such installation or co-location is technically or economically infeasible. "Technically infeasible," for the purpose of this Section, means that the co-location or installation of applicant's telecommunications facilities on another person's tower or usable antenna support structure would not comply with sound engineering principles, would materially degrade or unreasonably impair the tower or usable antenna support structures current or planned use or interfere operationally with applicants planned use. City may require additional evidence of co-location being technically infeasible if, in the opinion of the City, that additional information is necessary to determine that co-location is technically infeasible. "Economic infeasibility," for purposes of this Section, shall mean that the cost of co-location is not a reasonable business decision from an economic standpoint when all factors are considered.
(iii)
If the tower is designed to accommodate one (1) or more additional carriers or capacity for the location of telecommunications facilities other than that of the applicant and, if so, the application shall designate the nature, quality and location of the co-location that will be accommodated.
(iv)
An affidavit submitted with written technical evidence from a radio frequency engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or usable antenna support structure located within the search area and must be located at the proposed site in order to avoid prohibiting or effectively prohibiting the provision of personal wireless service by the applicant.
(vi)
A certification submitted with written technical evidence from a qualified agent of the applicant that the proposed facilities meet the standards set forth in this Section and the applicable requirements of the Building Code.
(vii)
A certification submitted with written technical evidence from a qualified agent of the applicant that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.
(viii)
Written technical documentation of any Federal Aviation Administration (FAA) approvals and lighting requirements and, if applicable, documentation of approval or denial of dual mode lighting as provided in this Section and a statement whether an FAA "Determination of No Hazard to Aviation" is required by 47 CFR Part 17 of the tower. If such a determination is required, no building permit for the tower shall be issued until a copy of the determination is filed with the City.
(g)
A map of the City and the first one-half (1/2) mile of all bordering communities showing the design of the applicant's entire existing or proposed wireless telecommunications network. Such map shall, at minimum, indicate the exact location of all proposed or existing tower and antenna sites, their dimensions, specifications and signal area coverage.
(h)
A site plan drawn to scale specifying the location of tower(s), its planned height, guy anchors (if any), transmission building(s), all telecommunications facilities, accessories, parking access plans, landscaping plans (specifying size, spacing and plant material proposed), fences and zoning designation of adjacent land.
(i)
Two (2) alternative camouflaging techniques or stealth designs for the proposed tower and all associated telecommunications facilities if technically feasible and any explanation as to why the use of same would be technically or economically infeasible.
(j)
Color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.
(k)
The identity of all adjacent property owners.
(l)
A bond or irrevocable letter of credit in an amount determined by the City to ensure that, should the tower be abandoned pursuant to this Section, removal of said tower will be guaranteed and to insure the tower and property are maintained.
(m)
An applicant shall only be required to maintain one (1) maintenance bond pursuant to Subsection E(2)(a)(1)(n) and one (1) removal bond pursuant to Subsection E(2)(a)(1)(o) for all of the applicant's towers in the City; provided, however, the applicant must maintain the initial level of such bonds if drawn upon by the City for any reason.
(n)
Proof of general liability insurance for claims for injury or death and property damage in an amount approved by the City but not less than three hundred thousand dollars ($300,000.00) per occurrence for personal injury and three hundred thousand dollars ($300,000.00) per occurrence for property damage with the City listed as an additional insured.
(o)
A statement that the applicant has no outstanding and overdue debt to the City.
(p)
An acknowledgment that, by signing a permit application, the applicant agrees to indemnify and hold harmless the City consistent with indemnification language in the application.
(q)
The tower owner and/or landowner shall promptly notify the City by certified or registered mail of the sale, transfer or assignment of any tower or telecommunications facility. Each sublease shall be conditioned upon the sublease obtaining the necessary approvals for the subject facility or site from the City prior to siting such facility.
(2)
Within forty-five (45) days after a license application for a tower location is filed with the City Clerk, the Planning and Zoning Commission shall determine whether the applicant meets all the requirements of this Section and, accordingly, shall recommend approval or denial of the application. The forty-five-day limit may be extended should the City find it requires additional information or additional study and the applicant agrees to said continuance. The application shall be presented to the Board of Aldermen following Planning and Zoning Commission recommendation. If the application is approved, the City Clerk shall issue the license.
b.
Conditional Use Permit Application. If the zoning district in which the tower is proposed to be located requires a conditional use permit, a conditional use permit application and fee shall be submitted to the City. No public hearing shall be held before the Commission and the Board of Aldermen until a complete application containing all required information has been filed. No permits shall be issued until the costs to the City of said review is paid by the applicant. The Board of Aldermen may grant a conditional use permit for a tower upon the applicant's demonstration to the satisfaction of the City that:
(1)
The tower is to be located on a premises or parcel where public buildings, facilities or structures, school buildings or facilities, church buildings or a non-commercial, not-for-profit residential neighborhood facilities are located; and
(2)
The tower height will not exceed the height limitation as set forth in the applicable zoning district; and
(3)
If a stealth design, the stealth design blends into the surrounding area and the structures existing on the premises where the tower is to be located; and
(4)
The site plan minimizes the impact of the presence of the tower on adjacent uses; and
(5)
If there is to be more than one (1) tower on a premises, the presence of more than one (1) tower structure [if more than one (1) is to be built] on the same site or premises is a part of the overall stealth design to be utilized on the premises such as, but not limited to, a series of light standards utilized as tower structures; and
(6)
A request for reduction of the separation requirements for towers not located on the same premises is necessary for providing service to an area of the City, the separation requirements constitute a barrier to entry into the market place by the applicant or will constitute a technical or economic hardship on the applicant; and
(7)
The landscaping plan minimizes the impact of the tower location on the appearance of the premises or site on which the tower is to be located.
c.
Building Permit Application. After a conditional use has been approved or if such a permit is not required, a building permit application shall be submitted to the City. The application shall include sealed plans prepared by an engineer licensed in the State of Missouri for the tower construction and site. The tower site plan included with the building permit application shall show the design for or present existence of adequate drainage facilities which have been approved by the City Engineer. The applicant shall also provide evidence that the applicant has all required licenses. The application shall also include items in Section 400.470(E)(2)(a)(1)(a) through (q).
d.
Applications For Wireless Facilities On Towers. No person shall construct or maintain a wireless facility on a tower without first obtaining a license from the City for such wireless facilities. An application shall include the name and address of the applicant, a statement by a qualified engineer or other professional that the addition of such wireless facilities meets all conditions of the City Code, the location of the tower and the location on the tower itself where the wireless facilities will be located, the location on the site for any supporting equipment and utility for said wireless facility, and the approximate length of time the applicant plans to use the tower to locate its wireless facilities. The license shall be renewable every five (5) years in accordance with Section 400.470(E)(4).
3.
Inspections. By applying for a permit or use for a tower location, an applicant grants the City authority to enter onto its property to inspect the tower for the purpose of determining whether it complies with the applicable State law and all other construction standards provided by the Code City and Federal law. The City reserves the right to conduct such inspections at any time.
4.
Filing Requirement. A licensee shall certify in writing that its tower is structurally sound and conforms to the requirements of the applicable State law and all other construction standards set forth by the City Code, Federal and State law every five (5) years by filing by January 1 of every fifth year following the date of the grant of its tower license a sworn statement by the licensee or his/her representative to that effect. All licensees or owners of towers in existence on the effective date of this Section shall submit a statement by October 15, 2001, and by January 1 every five (5) years thereafter that said tower is free from hazards and that the tower does not pose an imminent threat to the surrounding area or public health and safety. Together with this statement, every licensee shall provide a certificate of liability insurance for no less than three hundred thousand dollars ($300,000.00) coverage for injury to persons and/or an additional three hundred thousand dollars ($300,000.00) coverage for property as a result of any tower failure or malfunction or defect which lists the City as an additional insured. Licensee shall list City as a party who must be notified should this insurance be canceled or discontinued for any reason thirty (30) days before the expiration of coverage.
5.
Discontinuance Of Use. In the event the licensed use of a tower is discontinued by the licensee, the licensee shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
F.
Revocation Of License. The City may at any time revoke a tower license for failure to comply with the provisions of this Chapter or any other City Code or State or Federal law. To properly revoke a tower license, the City must comply with the procedures set forth below:
1.
The City Clerk shall provide licensee with written notice of all causes for revocation and the intent to revoke and shall allow licensee sixty (60) days subsequent to receipt of the notice in which to correct the violations or to provide adequate assurance of performance in compliance with this Chapter. Together with the notice required herein, the City Clerk shall provide licensee with written findings of fact which are the basis of the revocation.
2.
The City shall provide the licensee with the right to a public hearing before the hearing examiner appointed for that purpose by the Mayor and mutually agreed to by the parties, which public hearing shall follow the sixty (60) day notice required herein. All interested parties shall be allowed an opportunity to be heard at the public hearing and present evidence.
3.
After the public hearing, the hearing examiner shall, within thirty (30) days after the public hearing date, issue a written order setting forth his/her findings of fact and conclusions of law forming the basis for his/her decision.
4.
Upon written determination by the hearing examiner to revoke a license, the licensee may appeal the decision to a court of competent jurisdiction pursuant to Chapter 536, RSMo. The hearing examiner may provide for a supersedeas bond in an amount deemed by said examiner to be sufficient to protect the interests of the public and such third parties whose interests were identified during any hearing on such a request to post a bond, to permit the stay of enforcement of any revocation or enforcement action by the City.
5.
Upon satisfactory correction by licensee of the violation upon which said notice was given as determined in the City's sole discretion, the initial notice shall become void.
6.
Upon licensee's failure to correct a violation as found by the hearing examiner, the Mayor or his/her designee may issue an order to disconnect utilities to said tower to any utility company providing same unless a supersedeas bond in an amount determined by the hearing examiner under Section 400.470(F)(4). As long as said bond is in full force and effect and an appeal is pending under Chapter 536, RSMo., no order to disconnect utilities shall be made. Said order shall not be issued prior to thirty (30) days from the date of the hearing examiner's written determination. Said order shall be served upon the chief executive officer thereof, together with the licensee at the last known address, and have attached to it the findings of the hearing examiner.
G.
Transfer Of License. A tower license may not be sold, transferred, leased or assigned to any other person without the consent of the City, such consent not to be unreasonably withheld.
H.
Abandonment Of Tower.
1.
In the event the use of any tower has been discontinued for a period of one (1) year or in the event that a licensee has taken no action within ninety (90) days after the revocation of a tower license pursuant to Section 400.470(F) to appeal the decision of the hearing examiner or to remedy or correct the violations resulting in the revocation, such tower shall be deemed abandoned.
2.
The City shall provide the tower owner three (3) months' notice and an opportunity to be heard before a hearing examiner appointed by the City Manager for the purpose, and agreeable to the tower owner if he/she may be located, before initiating such action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, to approve the sale of the tower to a third party or, in the alternative, order the demolition of the tower and all appurtenances.
3.
The City shall provide the tower owner with the right to a public hearing before the hearing examiner, which public hearing shall follow the three-month notice required in Section 400.470(H)(2). All interested parties shall be allowed an opportunity to be heard at the public hearing.
4.
After a public hearing is held pursuant to this Section, the hearing examiner may order the forfeiture to the City or demolition of the tower. The City may draw upon any maintenance bond as provided in Section 400.470(E)(2)(a)(1)(m) or performance bond or letter of credit filed pursuant to Section 400.470(E)(2)(a)(1)(l) or may otherwise require licensee to pay for all expenses necessary to acquire or demolish the tower. The tower owner may stay such a draw or enforcement of an order of abandonment if he/she posts a supersedeas bond in an amount set by the hearing examiner sufficient to protect the interests of the public. However, in no event shall the removal of a tower which is determined to create a danger to the public or adjacent property be stayed due to the filing of such a bond.
I.
Variances. Any request to deviate from any of the requirements of this Section shall require a variance approval in conformance with the procedures set forth in Article III.
J.
Location Of Towers On City-Owned Property. The City may authorize any person to locate a tower, antenna support structure or telecommunications facilities on publicly-owned property, subject to the application process set forth in Section 400.470(F)(2) and subject to the terms and conditions of any lease agreement executed between the City and such person.
K.
Non-Waiver. Nothing in this Section shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this Section.
L.
Enforcement And Reservation Of Rights.
1.
The provisions of this Section 400.470 shall be enforced against all owners as operators of towers or telecommunications facilities within the City and all owners of land upon which towers or telecommunications facilities are sited within the City. The City shall have the right to withhold any approvals with respect to any application by any such party in the event that it shall find that the party is not in compliance with the provision of this Section 400.470 until such non-compliance has been cured.
2.
The City reserves the right to impose any other reasonable conditions it determines are necessary for the proper placement, construction or modification of towers or telecommunications facilities and to impose any other reasonable conditions on the issuance of a permit or conditional use permit issued by the City for placement, construction or modification of a tower or telecommunications facilities.
Section 400.480 Commercial And Industrial Use Performance Standards.
[R.O. 2017 § 400.480; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
General Requirements. No land or structure in any district shall be used or occupied in any manner as to create a dangerous, injurious, noxious or otherwise objectionable fire, smoke, dust, odor or other form of air pollution; noise, glare, heat, cold, dampness, electrical or other substance, condition or element in such a manner or in such an amount as to adversely affect the adjoining premises or surrounding area referred to herein as "dangerous or objectionable elements"; provided that any use permitted or not prohibited by this Chapter may be established and maintained if it conforms to the provisions of this Section.
B.
Conditions. The following conditions shall apply to commercial and industrial uses located in the "C-1," "C-2" and "M-1" Districts:
1.
No noise from any operation conducted on the premises or other than that emanating from vehicular traffic, either continuous or intermittent, shall be detectable at any boundary of the lot on which the use is located.
2.
No toxic matter, noxious matter, smoke, gas or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the lot on which the use is located.
3.
No vibrations shall be detectable beyond the lot lines of the lot on which the use is located.
4.
The manufacture of flammable materials which produce explosive vapors or gases is prohibited.
5.
Any operation that produces intense glare or heat shall be performed within a completely enclosed building and exposed sources of light shall be screened so as to be in conformance with the exterior lighting standards in Section 400.490(B).
Section 400.490 Exterior Lighting Standards.
[R.O. 2017 § 400.490; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Purpose. This Section provides for the regulation of exterior lighting and glare that may create a safety hazard and nuisance for motor vehicle operators, pedestrians and land uses in the proximity of the light source.
B.
Light Standards. Except for the exemptions provided for in Section 400.490(C), the following standards shall apply to all exterior lighting:
1.
The light source or luminare for all exterior lighting shall have a cutoff so that the bare light bulb, lamp or light source is shielded from the direct view of an observer at ground level at a property line adjacent to a public right-of-way or property zoned residential or at the interior buffer yard line if such buffer yard is required.
2.
Flickering or flashing lights are prohibited.
C.
Exemptions. The following are exempt from the exterior light standards:
1.
Public street lights, signs, seasonal displays.
2.
Due to their limited hours of operation and unique requirements for nighttime visibility, ball diamonds, playing fields, tennis courts and other similar public recreation facilities are exempt from the standards in Section 400.490(B).
3.
Safety signal and warning device lighting.
4.
Private outdoor lights installed by a public utility on private property for security purposes, provided that installation of said lighting shall be approved by all property owners of residential property from which the light source can be viewed directly.
Section 400.495 Medical Marijuana Facilities.
[Ord. No. 20-04, 2-18-2020]
A.
The purpose of these regulations is to:
1.
Permit the sale of medical marijuana as set forth therein and provides detailed obligations for establishing rules and regulations for the manufacture, processing, infusing and sale, including tracking, testing, security and background checks;
2.
Avoid locating such facilities in close proximity to elementary and secondary schools, churches and daycare centers; and
3.
Ensure that such facilities are operated in a responsible manner for the needs of the clients and surrounding land uses by minimizing any possible adverse effects on the surrounding neighborhood.
B.
Zoning Approval Standards For Medical Marijuana Cultivation Facilities In The "M-1" Industrial District.
1.
All medical marijuana cultivation facilities in the Industrial District shall obtain a business license annually from the City of Battlefield. Prior to issuance, the operator of the cultivation facility shall provide written verification that the following requirements are met:
a.
That the medical marijuana license issued by the State of Missouri is displayed in an open and conspicuous place on the premises.
b.
That each indoor cultivation facility using artificial light is limited to no more than thirty thousand (30,000) square feet in flowering plant canopy space, or per the State of Missouri's 19 CSR 30-95.050 whichever is less.
c.
That each outdoor cultivation facility utilizing natural lighting is limited to no more than two thousand eight hundred (2,800) flowering plants or per the State of Missouri's 19 CSR 30-95.050 whichever is less.
d.
That each greenhouse facility using a combination of natural and artificial lighting is limited to either no more than two thousand eight hundred (2,800) flowering plants or no more than thirty thousand (30,000) square feet of canopy space or per the State of Missouri's 19 CSR 30-95.050 whichever is less.
e.
That cultivation facilities develop, implement and maintain an odor control plan, which shall address odor mitigation practices, including, but not limited to, engineering controls, such as system design and operational process, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources or per the State of Missouri's 19 CSR 30-95.050 whichever is more strict.
f.
That all cultivation facilities ensure that all employees are trained per the requirements of the State of Missouri's 19 CSR 30-95.050.
g.
That all operations, storage and transport of materials, products, or equipment are in compliance with the State of Missouri's 19 CSR 30-95.050.
2.
No marijuana may be smoked, ingested, or otherwise consumed on the premises.
3.
No medical marijuana cultivation facility shall be closer than one thousand (1,000) feet of an existing elementary or secondary school, daycare or church.
a.
Where the medical marijuana cultivation facility is a freestanding structure, such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the medical marijuana cultivation facility to the closest property line of the elementary or secondary school, daycare or church.
b.
Where the medical marijuana cultivation facility is part of a larger structure, such as an office building or strip mall, such distance shall be measured in a straight line without regard to intervening properties from the cultivation facility's main door to the closest property line of the elementary or secondary school, daycare or church.
C.
Zoning Approval Standards For Medical Marijuana-Infused Products Manufacturing Facilities In The "M-1" Industrial District.
1.
All medical marijuana-infused product manufacturing facilities in the Industrial District shall obtain a business license annually from the City of Battlefield. Prior to issuance, the operator of the manufacturing facility shall provide written verification that the following requirements are met:
a.
That the medical marijuana license issued by the State of Missouri is displayed in an open and conspicuous place on the premises.
b.
That all facility employees are trained per the requirements of the State of Missouri's 19 CSR 30-95.060.
c.
That the medical marijuana-infused products manufacturing facilities develop, implement and maintain an odor control plan, which shall address odor mitigation practices, including, but not limited to, engineering controls, such as system design and operational process, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources or per the State of Missouri's 19 CSR 30-95.060 whichever is more strict.
d.
That all operations, storage and transport of materials, products, or equipment are in compliance with the State of Missouri's 19 CSR 30-95.060.
e.
That all ingestible medical marijuana-infused products comply with the applicable food safety standards set forth in 19 CSR 20-1.025, 19 CSR 20-1.040, and 19 CSR 20.1.050, as applicable.
f.
That all facilities that utilize volatile solvents have installed air-handling systems and other controls designed to minimize the risks of explosions and fires.
2.
No marijuana may be smoked, ingested, or otherwise consumed on the premises.
3.
No medical marijuana-infused products manufacturing facility shall be closer than one thousand (1,000) feet of an existing elementary or secondary school, daycare or church.
a.
Where the medical marijuana-infused products manufacturing facility is a freestanding structure, such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the medical marijuana-infused products manufacturing facility to the closest property line of the elementary or secondary school, daycare or church.
b.
Where the medical marijuana-infused products manufacturing facility is part of a larger structure, such as an office building or strip mall, such distance shall be measured in a straight line without regard to intervening properties from the manufacturing facility's main door to the closest property line of the elementary or secondary school, daycare or church.
D.
Zoning Approval Standards For Medical Marijuana Testing Facilities In The "C-2" General Commercial District.
1.
All medical marijuana testing facilities in the General Commercial District shall obtain a business license annually from the City of Battlefield. Prior to issuance, the operator of the testing facility shall provide written verification that the following requirements are met:
a.
That the medical marijuana license issued by the State of Missouri is displayed in an open and conspicuous place on the premises.
b.
That all facility employees are trained per the requirements of the State of Missouri's 19 CSR 30-95.070.
c.
That the testing facility complies with the International Organization for Standardization (ISO) 17025 per 19 CSR 30-95.070.
d.
That the testing facility complies with the proficiency testing program as detailed per 19 CSR 30-95.070.
e.
That the testing facility has installed and maintains security equipment designed to prevent unauthorized entrance into limited access areas, which shall include any area where medical marijuana is tested, stored, or disposed, as detailed in 19 CSR 30-95.070.
2.
No marijuana may be smoked, ingested, or otherwise consumed on the premises.
3.
No medical marijuana testing facility shall be closer than one thousand (1,000) feet of an existing elementary or secondary school, daycare or church.
a.
Where the medical marijuana testing facility is a freestanding structure, such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the medical marijuana testing facility to the closest property line of the elementary or secondary school, daycare or church.
b.
Where the medical marijuana testing facility is part of a larger structure, such as an office building or strip mall, such distance shall be measured in a straight line without regard to intervening properties from the testing facility's main door to the closest property line of the elementary or secondary school, daycare or church.
E.
Zoning Approval Standards For Medical Marijuana Dispensary Facility In The "C-2" General Commercial District.
1.
All medical marijuana dispensary facilities in the General Commercial District shall obtain a business license annually from the City of Battlefield. Prior to issuance, the operator of the dispensary facility shall provide written verification that the following requirements are met:
a.
That the medical marijuana license issued by the State of Missouri is displayed in an open and conspicuous place on the premises.
b.
That all facility employees are trained per the requirements of the State of Missouri's 19 CSR 30-95.080.
c.
That they are providing educational materials per the State of Missouri 19 CSR 30-95.080.
2.
No marijuana may be smoked, ingested, or otherwise consumed on the premises.
3.
No medical marijuana dispensary facility shall be closer than one thousand (1,000) feet of an existing elementary or secondary school, daycare or church.
a.
Where the medical marijuana dispensary facility is a freestanding structure, such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the medical marijuana dispensary facility to the closest property line of the elementary or secondary school, daycare or church.
b.
Where the medical marijuana dispensary facility is part of a larger structure, such as an office building or strip mall, such distance shall be measured in a straight line without regard to intervening properties from the dispensary facility's main door to the closest property line of the elementary or secondary school, daycare or church.