Clarkson Valley City Zoning Code
ARTICLE IV
Special Use Regulations
Section 405.120 Special Use Regulations.
[R.O. 2001 § 405.120; CC 1990 § 18.090; Ord. No. 02-06 §§ 12, 6-4-2002; Ord. No. 04-12 §§ 12, 7-13-2004; Ord. No. 10-07 § 1, 5-4-2010; Ord. No. 12-03 §§ 12, 1-3-2012; Ord. No. 19-03, 4-2-2019; Ord. No. 20-07, 11-3-2020; Ord. No. 23-02, 4-4-2023; Ord. No. 24-05, 7-9-2024]
A.
It is recognized that in applying this Chapter it may be necessary or desirable, consistent with the general purposes of this Chapter and the standards by which it is to be construed, to permit a building or structure to be located, constructed or structurally altered or the premises to be used for a purpose which is not included in the use regulations for the district in which the building or structure or premises may be located. The Board of Aldermen, subject to the procedures hereinafter set forth, shall have the power to issue permits for such special uses provided that each such permit is granted in accordance with the standards set forth in Section 405.030 above and that appropriate conditions and safeguards are imposed or provided to preserve property values and to protect the public welfare.
B.
The following buildings, structures or uses may be permitted by special permit issued in accordance with the procedures set forth below:
1.
Any public building erected and used by any department of Municipal, County, State or Federal Government.
2.
Hospitals and institutions other than penal institutions, mental institutions, sanitariums, convalescent care institutions, aged care institutions, institutions for the care of alcoholics or drug addicts and institutions for contagious diseases, provided however, that such buildings may occupy not more than ten percent (10%) of the total area of the lot or tract and will not have any serious and depreciating effect upon the value of the surrounding property; and provided further, that the buildings shall be set back from all lot lines heretofore established such distance as shall be established by the Planning and Zoning Commission, taking into consideration the size of the lot and the improvements, building plans and design, terrain, surrounding properties and similar factors, and that ample off-street parking space will be provided.
3.
Cemeteries.
4.
Public or private preschool training or education, including kindergarten, prekindergarten and nursery schools, other than part of and in connection with an elementary school located and functioning within the City of Clarkson Valley.
5.
Riding academy or stables either in connection with private clubs or otherwise, where horses are kept, boarded, cared for or rented for remuneration.
6.
Removal of gravel, sand, stone, or other raw materials.
7.
Libraries.
8.
Airports and landing fields.
9.
Private clubs.
10.
Signs larger than four (4) square feet in outline area per facing in "C" Office Districts, provided that there is a demonstrable need.
11.
Trailers or temporary buildings for special events may be approved by the Board of Aldermen. The location, length of time to remain on site, and all other conditions regarding the construction, erection, maintenance, or removal of the trailer or temporary building for said special event shall be at the discretion of the Board of Aldermen.
12.
For any parcel located within a "PC" District, more than one (1) freestanding or attached business sign per lot as limited by Section 505.090(A).
13.
For any parcel located within a "PC" District, more than one (1) freestanding or attached informational sign per lot as limited by Section 505.090(B).
14.
For any parcel located within a "PC" District, more than one (1) freestanding or attached business sign per building as limited by Section 505.090(D).
15.
Solar energy systems may be approved by the Board of Aldermen. The location and appearance and all other conditions regarding the construction, erection, maintenance, or removal of the solar energy systems shall be at the discretion of the Board of Aldermen.
16.
Chain-link fences utilized by private clubs may be permitted as a special use under the following conditions:
a.
The chain-link fence must be completely covered in a vinyl or other approved material;
b.
The chain link fence permitted in this Section can only be utilized by a private club in the "A" District situated on a lot larger than ten (10) acres and for the enclosure of tennis courts and pickleball courts constructed and maintained by the private club;
c.
The proposed chain link fence enclosing a tennis court and pickleball court under this Section must be located no closer than seventy-five (75) feet from any property line;
d.
Any application for a chain-link fence under this Section must include a landscape plan in additional to any other required documentation;
e.
The specific location, color, height, wire-gauge, and design of the coated chain-link fencing must be specially approved by the Board of Aldermen.
f.
The Building Commissioner shall not have the authority to authorize a permit for coated chain-link fencing unless the fencing has been authorized by the Board of Aldermen.
17.
Solid fences utilized by private clubs may be permitted as a special use under the following conditions:
a.
A four-foot barrier fence between the courts and homes adjoining the perimeter of the pickleball courts using SimTek fence products.
b.
The solid fence permitted in this Section can only be utilized by a private club in the A District situated on a lot larger than ten (10) acres and for the enclosure of pickleball courts constructed and maintained by the private club;
c.
The proposed solid fence constructed under this Section must be located no closer than seventy-five (75) feet from any property line not belonging to the private club;
d.
Any application for a solid fence under this section must include a landscape plan in addition to any other required documentation;
e.
The specific location, color, height, and design of the solid fencing must be specially approved by the Board of Aldermen.
f.
The Building Commissioner shall not have the authority to authorize a permit for solid fencing unless the fencing has been authorized by the Board of Aldermen.
18.
Safety nets utilized by private clubs may be permitted as a special use under the following conditions:
a.
The specific location, color, height, and design of the safety net must be specially approved by the Board of Aldermen.
b.
The Building Commissioner shall not have the authority to authorize a permit for a safety net unless the safety net has been authorized by the Board of Aldermen.
c.
Once permitted, the safety net shall be properly maintained at all times.
C.
Whenever the owner or owners of a new subdivision containing not less than twenty-five (25) acres provides for the preservation of a portion of the area for a park, playground, or similar recreation use or as open space, which area or open space is solely for the use and benefit of residents of said subdivision or City of Clarkson Valley or of members of an organization operating the area, the Board of Aldermen may issue a special permit in accordance with the procedures hereinafter set forth, for the balance of the new subdivision to contain lots having less area than the minimum lot area required in the District within which the new subdivision is located, but only when the following conditions are fully observed:
1.
The maximum number of lots that can be obtained in such new subdivision is determined by subtracting fifteen percent (15%) of the total area being subdivided and dividing the remaining area by the minimum lot area requirement of the zoning district within which the new subdivision is located.
2.
No lot shall contain an area that is less than seventy-five percent (75%) of the minimum lot area requirement of the district within which it is located.
3.
Reasonable assurance or guarantee is furnished the Board of Aldermen that the recreational area or open space will remain as such and will not be subdivided.
4.
The location, extent and treatment of the open space as well as the design of the new subdivision is approved by the Planning and Zoning Commission of the City of Clarkson Valley.
D.
All permits for special uses shall be issued by the Board of Aldermen. Applications for such permits shall be filed in writing with the Board accompanied by a $100.00 filing fee payable to the City and three hundred fifty dollars ($350.00) for the review of the application. If such review is more complicated, the Board may set an additional amount to cover the costs for the review process. The Board shall promptly refer the application to the Planning and Zoning Commission. [The Commission shall set the matter for hearing. Written notices of the time and place of the hearing and the nature of the application shall be mailed by the Commission to all property owners of the City of Clarkson Valley within five hundred (500) feet of the property described in the application at least fifteen (15) days in advance of the meeting at which the application is considered.] Similar notice shall be mailed to the applicant. The Commission shall carefully review the application upon its merits in light of the standards set forth in Section 405.030 above, and shall file its report and recommendations thereof with the Board of Aldermen. In the event the Commission shall fail to submit its report within ninety (90) days after the application has been referred to it by the Board, the Board shall consider the application as if forwarded to it by the Commission without recommendation.
E.
The Board of Aldermen shall set the application for public hearing at a regular or special meeting. The Board shall cause notice of the time and place of said hearing to be published at least fifteen (15) days in advance of the hearing in a newspaper of general circulation in the City. After such public hearing, and upon consideration of any additional facts or information which may be brought before the Board, and in light of the report and recommendations of the Commission, the Board shall decide whether to grant the application and, if so, upon what terms and conditions it deems essential in the public interest. The action of the Board shall be transmitted to the applicant either at a hearing of the Board at which representatives of the applicant are present or in writing. In arriving at its decision the Board shall consider the merits of the application in light of the standards set forth in Section 405.030 above.
Section 405.130 Special Use Regulations - Alcohol And Drug Abuse Treatment Facilities.
[R.O. 2001 § 405.130; CC 1990 § 18.091; Ord. No. 90-16 § 1, 12-4-1990]
A.
In the Zone "A" Semi-Rural District a facility, including buildings, structures, and land, for the residential or outpatient treatment of alcohol and/or other drug abuse may be located as a special use, if the facility meets all of the following conditions:
1.
If a residential facility, not more than six (6) persons residing in the building at one time.
2.
The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings in the vicinity.
3.
A treatment facility shall not be located closer than fifteen hundred (1,500) feet to any other substance abuse facility.
B.
A special use permit shall be issued based upon the foregoing and after application and hearings as set forth in Section 405.120(D) and (E) of this Chapter.
Section 405.140 Special Use Regulations - Telecommunications Towers And Antennae.
[R.O. 2001 § 405.140; CC 1990 § 18.092; Ord. No. 97-08 § 1, 4-15-1997]
A.
Purposes. The general purpose of this Section is to regulate the placement, construction and modification of telecommunications towers, support structures, and antennae in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Clarkson Valley. Specifically, this Section is intended to:
1.
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Clarkson Valley;
2.
Minimize adverse visual impacts of communications antennae and support structure through careful design, siting, landscape screening and innovative camouflaging techniques;
3.
Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;
4.
Maximize the co-location of facilities on any new support structures;
5.
Ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community to the extent possible; and
6.
Ensure that regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service.
B.
Legislative Findings.
1.
On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and provision of a more competitive environment for wired and wireless telecommunication services in the United States.
2.
The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of Towers and Antenna Support Structures and to protect the health, safety and welfare of the public.
3.
The City has been granted the authority to enact legislation to regulate the construction, placement, and operation of telecommunications towers and antennae pursuant to its zoning powers established in Chapter 89 of the Revised Statutes of Missouri and additionally pursuant to its general and specific police powers established by statute authorizing the regulations herein to protect the public health, safety and welfare of its citizens.
4.
The Federal Communications Commission (FCC) has exclusive jurisdiction over:
a.
The regulation of the environmental effects of radio frequency emissions from Telecommunications Facilities, and
b.
The regulation of radio signal interference among users of the radio frequency spectrum.
5.
Consistent with the Telecommunications Act of 1996, the regulations of this Section will not have the effect of prohibiting the provision of personal wireless services, and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennae with prompt approval by the City. The Chapter does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.
6.
The uncontrolled proliferation of towers in the City of Clarkson Valley is threatened without adoption of new regulations, and would diminish property values, the aesthetic quality of the City, and would otherwise threaten the health, safety and welfare of its citizens.
C.
Definitions. As used in this Section, the following terms shall have the meanings and usages indicated:
AGL
Above ground level. Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.
ANTENNA(AE)
Any device taller or wider than four (4) feet that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennae less that one (1) meter in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antennae.
CABINET
A structure for the protection and security of communications equipment associated with one (1) or more antennae where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet, and vertical height that does not exceed six (6) feet.
CERTIFICATE OF AUTHORIZATION
The Certificate issued by the Tower Commission or Planning and Zoning Commission authorizing the erection or replacement of an antenna or tower. Said certificate shall be subject to cancellation upon notice to applicant of failure to comply with this Section.
COMMUNICATION TOWER MULTI-USE INTEREST AREA
An area as designated by the map of the same title indicating general locations in which more than one (1) wireless service provider may potentially seek to locate an antenna facility and in which the construction of co-locatable towers will be required. The map may be periodically revised in response to new information received regarding tower sites sought by wireless providers. A multi-use interest area shall be designated as appropriate for towers within one (1) mile of each other, unless the applicant demonstrates to the contrary.
DISGUISED SUPPORT STRUCTURE
Any free-standing, man-made structure designed for the support of antennae, the presence of which is camouflaged or concealed as an appropriately placed architectural or natural feature. Such structures may include but are not limited to clock towers, campaniles, observation towers, water towers, light standards, flag poles and artificial trees.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and, including the main structure and all attachments thereto.
MODIFICATION
Any addition, deletion, or change, including the addition or replacement of Antennae, or any change to a structure requiring a building permit or other governmental approval.
NOTIFICATION
Written notice delivered by certified mail to all known potential tower users and City Clerk.
SHELTER
A building for the protection and security of communications equipment associated with one (1) or more antennae and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennae is prohibited.
SUPPORT STRUCTURE
A tower or disguised support structure.
TOWER
A structure designed for the support of one (1) or more antennae and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also not include any support structure, including attachments of sixty-five (65) feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communication Commission.
TOWER COMMISSION
A Commission made up of the Mayor of the City of Clarkson Valley and two (2) residents of the City appointed by the Mayor with the advice and consent of the Board of Aldermen responsible for issuing a certificate of authorization. Terms of the appointment shall be two (2) years.
D.
General Requirements. The requirements set forth in this Section shall be applicable to all towers, antennae and other support structures installed, built or modified after the effective date of this Section, April 15, 1997, to the full extent permitted by law.
1.
Principal Or Incidental Use. Antennae and support structures may be either a principal use in all zoning districts or an incidental use to existing multiple family, institutional or non-residential uses, subject to any applicable district requirement relating to yard or setback.
2.
Building Codes, Safety Standards, And Zoning Compliance. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable State and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time, and the International Building Code currently adopted by the City. In addition to any other approvals required by this Section, no antenna, tower, or support structure shall be erected prior to receipt of a certificate of authorization and the issuance of a building permit.
3.
Regulatory Compliance. All antennae and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other State or Federal agency with the authority to regulate communications antennae and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City.
4.
Security.
a.
All antennae and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application submitted to the Tower Commission or Planning and Zoning Commission to install, build or modify antennae or support structures. Additional measures may be required as a condition of the issuance of a certificate of authorization or a building permit as deemed necessary by the Tower Commission or by the Planning and Zoning Commission.
b.
Any applicant for construction of a new or replacement antenna, cabinet, disguised support structure, shelter, support structure or tower shall agree to indemnify and hold harmless the City of Clarkson Valley from any and all liability extending from the placement of said structure within the City of Clarkson Valley and shall name the City of Clarkson Valley as an additional named insured in applicants liability insurance policy.
5.
Lighting. Antennae and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennae or support structure. Equipment cabinets and shelters may have lighting only as approved by the Tower Commission or Planning and Zoning Commission pursuant to the certificate of authorization.
6.
Advertising. Unless a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on any antenna, cabinet, disguised support structure, shelter, support structure or tower regulated by this Section is prohibited.
7.
Design.
a.
Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable State or Federal agency, be painted a neutral color consistent with the natural or as-built environment of the site.
b.
Equipment shelters or cabinets shall have an exterior finish compatible with the natural or as-built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.
c.
Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the City.
d.
Antennae attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.
e.
All towers shall be surrounded by a minimum six-foot high decorative wall constructed of brick, stone or comparable masonry materials and 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. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the Tower Commission or by the Planning and Zoning Commission in the case of a new construction upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
f.
All towers shall be separated from any off-site residential structure a distance equal to the height of the tower. Towers on parcels adjacent to residentially-zoned property shall meet the setbacks of the applicable zoning district as are required for a principal structure along the adjoining property line(s). Where adjacent to non-residentially zoned property, towers shall maintain setbacks as are required for structures in said zoning district.
g.
Ground anchors of all guyed towers, if permitted, shall be located on the same parcel as the tower and meet the setbacks of the applicable zoning district.
h.
Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning district.
i.
On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the applicable zoning district.
8.
Shared use.
a.
Prior to the issuance of any certificate of authorization to alter or modify any tower existing on the effective date of this Section, April 15, 1997, the owner shall provide to the City a written and notarized agreement committing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for rescinding a certificate of authorization, or the withholding of future certificate of authorization to the same owner to install, build or modify antennae or towers within the City.
b.
Prior to the issuance of any certificate of authorization to install, build or modify any tower, the tower owner shall furnish the City Clerk an inventory of all of that owner's towers in or within one-half (1/2) mile of the City limits of Clarkson Valley. The inventory shall include the tower's reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennae and an assessment of available ground space for the placement of additional equipment shelters.
c.
Any new tower approved at a height of sixty (60) feet AGL or higher shall be designed and constructed to accommodate at least one (1) additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by this Section shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause rescinding a certificate of authorization for the withholding of future certificates of authorization to the same owner to install, build or modify antennae or towers within the City.
d.
Any new tower approved within a communication tower multi-use interest area as designated by the map of the same title, shall be designed and constructed to accommodate the number of users indicated by the plan to the extent feasible. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be cause for rescinding an issued certificate of authorization, the withholding of future certificates of authorization to the same owner to install, build or modify antennae or towers within the City.
e.
Prior to any application for the construction of a new tower or disguised support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennae shall be delivered by certified mail to all known potential tower users as identified by a schedule maintained by the City Clerk. Proof of such delivery shall be submitted with the application to the City. Upon request, the City Clerk shall place on a list the name and address of any user of towers or prospective user to receive notification of applications. The City Clerk shall, before forwarding it to the Tower Commission or the Planning and Zoning Commission for consideration, allow all persons receiving notice at least ten (10) business days to respond to the City and the applicant that the party receiving notice be permitted to share the proposed Tower or locate within one (1) mile of such area. Where two (2) or more parties seek to locate within one (1) mile of each other, or such other distance as is demonstrated to the Tower Commission to be reasonable, the Tower Commission shall designate such area as a multi-use interest area on the map. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new towers or antennae.
f.
Any party seeking shared use of a tower subject to this provision shall after responding to Notification, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower or structure, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the City Clerk in writing. The City Clerk shall immediately forward same to the Tower Commission or Planning and Zoning Commission as appropriate. The Tower Commission or Planning and Zoning Commission as appropriate may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee of five hundred dollars ($500.00) to the City to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten (10) calendar days to provide a written submission to the City Clerk responding to the alleged violation of the shared use requirement. If deemed necessary by the Tower Commission or Planning and Zoning Commission, it may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the City Clerk receives a notice alleging a violation of the shared use requirement, the time for a decision on a certificate of authorization is automatically extended for up to thirty (30) days until it has been determined that the applicant has complied.
E.
Replacement Antennae And Towers. The replacement as follows of antenna and towers are permitted in all zoning districts:
1.
The attachment of additional or replacement of antennae or shelters to any tower existing on the effective date of this Section or subsequently approved in accordance with these regulations, provided that additional equipment shelters or cabinets are located within the existing tower compound area.
2.
The mounting of antennae on any existing building or structure such as a building, provided that the presence of the antennae are concealed by architectural elements or satisfactorily camouflaged by painting a color identical surface to which they are attached.
3.
The mounting of antennae on or within any existing high voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet.
F.
Authorization By Administrative Permit. The replacement as follows of antenna and towers are permitted in all zoning districts by Administrative Permit approved by the Tower Commission:
1.
The attachment of additional or replacement antennae or shelters to any tower existing on the effective date of this Section, April 15, 1997, or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area as long as all other requirements of this Section and the underlying zoning district are met.
2.
The one-time replacement of any tower existing on the effective date of this Section or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower may be replaced by a monopole. If the guyed or lattice tower to be replaced is one hundred eighty (180) feet or less in height, it shall be replaced only with a monopole. The height of the new tower may exceed that of the original by not more than twenty (20) feet. Subsequent replacements shall require the approval of the Planning and Zoning Commission.
3.
The construction of a disguised support structure provided that all related equipment shall be placed underground or concealed within the structure. Equipment may be placed in a cabinet if the disguised support structure is incidental to an industrial, commercial, institutional or other non-residential use.
4.
Towers erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.
5.
Application procedures.
a.
Applications for certificates of authorization shall be made on the appropriate forms to the City Clerk and accompanied by payment of three thousand dollars ($3,000.00) to be used to reimburse the City for its costs in monitoring construction and installation, plus appropriate ICC, FCC and FAA certification. Any amount not expended for said costs shall be returned to applicant within thirty (30) days of completion of construction and certification.
(1)
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements, including buildings, drives, walkway, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the existing or proposed tower.
(2)
The application shall be reviewed by the City Clerk to determine compliance with the above requirements and then transmitted the application to the Tower Commission or Planning and Zoning Commission as appropriate.
(3)
The Tower Commission or Planning and Zoning Commission shall issue a decision on the application within forty-five (45) days of the date of application or the application shall be deemed approved unless the time period for review and action was extended pursuant to the FCC, as defined in Subsection (C). The Tower Commission or Planning and Zoning Commission may deny the application or approve the application as submitted or with such modifications as are, in its judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this Section. The Tower Commission or Planning and Zoning Commission may consider the purposes of this Section and the factors established herein for granting a certificate of authority as well as any other considerations consistent with this Section. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.
b.
Appeals. Appeals from the decision of the Tower Commission or Planning and Zoning Commission shall be made to the Board of Aldermen which shall have authority to confirm the decision or remand the decision to the appropriate administrative body with additional comments.
G.
New Antennae Or Tower Installations. All proposals to install, build or modify an antenna or support structure not permitted by Subsections (E) or (F) above, shall require the issuance of a certificate of authorization by the Tower Commission following a duly advertised public hearing by the Planning and Zoning Commission.
1.
Applications for certificates of authority for new antennae or towers shall be filed and processed pursuant to Subsection (D) herein. A decision by the Planning and Zoning Commission shall be accompanied by competent and substantial evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
2.
Additional Minimum Requirements. No certificate of authority shall be issued unless the applicant has clearly demonstrated by competent and substantive evidence that placement of an antenna or support structure pursuant to Subsection (E) "Permitted Uses" or Subsection (F) "Administrative Permits" of this Section is not technologically or economically feasible. The Tower Commission and the Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.
Findings Required.
a.
In addition to the determination or limitations specified herein for the consideration of certificates of authority, the Tower Commission and Planning and Zoning Commission shall also base its decision upon, and shall make findings as to, the existence of the following conditions:
(1)
The proposed tower is not and cannot be located within a communications tower multi-use interest area as designated by such map, or if so located, meets the co-location requirements of this Section.
(2)
No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering.
(a)
Height;
(b)
Structural strength;
(c)
Resulting signal interference;
(d)
Feasibility of retrofitting;
(e)
Feasibility of redesigning the applicant's tower network; or
(f)
Other limiting conditions that render existing towers, structures or buildings within the applicant's required geographic area unsuitable.
(3)
The design of the tower or structure, including the antennae, shelter and ground layout maximally reduces visual degradation and otherwise complies with provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.
(4)
The proposal minimizes the number and/or size of towers or structures that will be required in the area.
(5)
The applicant has not previously faded to take advantage of reasonably available shared use opportunities or procedures provided by this Section or otherwise.
b.
If any one, but not more than one (1), of the first six (6) determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section.
4.
Additional Limitations.
a.
No tower shall be approved at a height exceeding one hundred fifty (150) feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternatives are not viable.
b.
If the City has by ordinance agreed to participate in a multi-municipality commission to coordinate new tower or structure applications, an application made pursuant to this Section shall also be submitted to such Commission simultaneous with the filing of the request with the City. The Tower Commission or the Planning and Zoning Commission may consider any comments from such Commission but shall not allow a delay in receiving such comments to significantly delay a decision on the certificate of authorization.
H.
Obsolete Non-Complying Tower Structures. Any upper portion of a tower which is not occupied by active antennae for a period of twelve (12) months, and any entire tower which is not so occupied for a period of six (6) months, shall be removed at the owner's expense. Removal of upper portions of a tower manufactured as a single unit shall not be required. Failure to comply with this provision shall constitute a nuisance that may be remedied by the City at the tower or property owner's expense. Any applicant for a new tower or disguised support structure not built as disguised part of another existing or permitted structure shall place a bond or other security with the City prior to any final approval for the purpose of removing any tower or disguised structure as required herein and to compensate the City for performing proper maintenance of such towers or disguised support structures to ensure such structures do not become unsafe or otherwise fail to comply with the requirements of this Section. The bond or security shall be in the form approved by the Tower Commission or the Planning and Zoning Commission, and in the amount of fifteen thousand dollars ($15,000.00) or such other amount as is determined by the Tower Commission or the Planning and Zoning Commission to satisfy the requirements hereof with regard to the specific tower or structure to which it would apply.
I.
Commercial Operation Of Unlawful Tower Or Antennae. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new antenna, tower or disguised support structure in violation of any provision of this Section, regardless of whether such antenna or disguised support structure is located on land owned by a governmental entity.
J.
Penalty. Any person violating this Section shall be subject to a penalty as set out in Section 405.190 of this Chapter.
Section 405.145 Special Use Regulations - Certain Fences And Driveway Entrance Monuments.
[R.O. 2001 § 405.145; Ord. No. 99-08 § 1, 9-7-1999]
A.
No variance, if applicable, or Building Permit shall be required and a Special Use Permit shall be issued for any fence or driveway monument which meets both of the following criteria:
1.
Said fence or driveway monument was in existence in its current form on April 7, 1992; and
2.
The current owner(s) of the property on which said fence or driveway monument exists shall affirm under oath that said fence or driveway monument was in existence on April 7, 1992.