Jackson City Zoning Code
DISTRICT AND
USE REQUIREMENTS
§ 153.060 GENERAL.
This subchapter contains further specific requirements and regulations for the individual districts.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.061 SMALL LOT RESIDENCE DISTRICT - R-1.
(A) No additional dimensional or spatial requirements in this district.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.062 ONE AND TWO FAMILY RESIDENCE DISTRICT - R-2.
(A) No additional dimensional or spatial requirements in this district.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.063 MULTIPLE FAMILY RESIDENCE DISTRICT - R-3.
(A) No additional dimensional or spatial requirements in this district.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.064 LARGE LOT RESIDENCE DISTRICT - LR.
(A) No additional dimensional or spatial requirements in this district.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.065 AGRICULTURAL RESIDENCE DISTRICT - AR.
(A) Conditional/interim uses. The following shall apply to manufactured home parks.
(1) Comply with regulations. Each park shall comply with the requirements of the Minnesota Department of Health in effect at the time of making application.
(2) Streets. Private streets shall have concrete or asphalt paved traffic lanes totaling at least 25 feet in width and shall be installed to city specifications as determined by the Council.
(3) Park size. Each park shall contain a minimum gross area of 2 acres.
(4) Lot size. Each lot shall consist of at least 4,000 square feet, including all private drives and parking spaces and open land, and the corners of each lot shall be clearly marked on the ground by permanent stakes or markers flush with the ground.
(5) Setbacks. No manufactured home or building shall be:
(a) Less than 20 feet from another manufactured home;
(b) Less than 20 feet from the front lot line abutting a private street; and
(c) Less than 10 feet from the boundary of any manufactured home park.
(6) Ground cover. Exposed ground surfaces shall be paved or covered with stone or other solid material, or protected with a grass or vegetable growth that is capable of preventing soil erosion and of eliminating objectionable dust. Flower and vegetable gardens shall be permitted. If the garden is abandoned, the site must be restored to satisfy the provisions of this subchapter.
(7) Numbers. Each manufactured home shall be identified by number in accordance with City Code § 150.07.
(8) Individual walks. All manufactured homes shall be connected to a common walk or street by an individual, concrete or asphalt paved walk at least 2 feet wide.
(9) Patios. Each manufactured home lot shall have a concrete or asphalt paved patio of at least 64 square feet of area.
(10) Skirting. Skirting for a manufactured mobile home:
(a) Shall be installed within 30 days from the time of move-in;
(b) Shall be weather resistant and not more combustible than 3/8 inch exterior grade plywood;
(c) Shall include an access panel at least 18 inches by 24 inches;
(d) Shall include ventilation openings, each at least 36 square inches in area and covered with a corrosion resistant louver or mesh, for each 25 linear feet of skirting; and
(e) Shall provide for at least 6 inches separation between the ground and any untreated wood.
(11) Exterior storage. Barbecue grills and furniture designed and manufactured for exterior use may be maintained outside of a manufactured home; otherwise, no exterior storage shall be allowed on a manufactured home lot.
(12) Accessory buildings. Each manufactured home may be accessorized with 1 detached storage building no larger than 80 square feet in area.
(13) Recreational/commons area(s). A recreation or park area equal to or greater than 15% of the total area of the manufactured home park shall be established and maintained for recreational use.
(14) Overload parking/storage. A common area for dead storage and “overload” parking, the area of which shall be at least 100 square feet for each manufactured home, shall be established and maintained within the park for use by its residents. Lumber, pipe and other building materials in the storage area shall be stored at least 1 foot above the ground and neatly maintained.
(15) Shelter. A storm shelter which meets all applicable building code and other regulations shall be located within the manufactured home park.
(16) Register. The owner of the manufactured home park shall be responsible for maintaining in the park office a register showing the name and address of each occupant and the name and address of each owner of the manufactured home; the make, type and license number of each manufactured home; and dates of arrival and departure of each manufactured home. The information shall be kept for at least 3 years after the occupant’s departure and shall be available at all times to law enforcement officers, health authorities, and other officials whose duties necessitate the acquisition thereof.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.066 SERVICE BUSINESS DISTRICT - SB.
(A) No additional dimensional or spatial requirements in this district.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.067 CENTRAL BUSINESS DISTRICT - CB.
(A) No additional dimensional or spatial requirements in this district.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.068 PLANNED INDUSTRIAL DISTRICT - PI.
(A) In addition to the uses shown on the Land Use Chart for nonresidential uses, retail and service establishments essential to the operation of a Planned Industrial District and providing goods and services which are primarily for the use of persons employed in this district may be allowed.
(D) The Council may require the owner or operator of any permitted use to have made such investigation or test as may be required to show adherence to the performance standards hereinafter enumerated.
(2) Storage of materials. Unless authorized by a conditional or interim use permit or building permit:
(a) Open storage of materials in any required front or side yard is prohibited; or
(b) Other outside storage shall be located or screened so as not to be visible from any residence district or from any public street or highway.
(3) Noise. At any property line the sound pressure level of noise radiated from an industrial operation shall not exceed the values given in the Land Use Chart set out in the appendix to this chapter. The sound pressure level shall be measured with a sound level meter and an associated octave band analyzer, both of which are manufactured to specifications published by the American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24 10-1953, American Standards Association, Inc. of New York, New York. Measurements shall be made using the flat network of the sound level meter.
TABLE 4
Frequency Band Cycles per Second | Maximum Permitted Sound Level (decibels) | |
Over 4800 | 32 | |
(4) Odors. No odors shall be detectable beyond the limits of the property.
(5) Exterior lighting/glare. Any lights used for exterior illumination shall direct light away from adjoining property. Glare, whether direct or reflected, such as from floodlights, spotlights, or high-temperature processing, and as differentiated from general illumination, shall not be visible beyond the limits of the property.
(6) Vibration. No vibration shall be discernible to the human sense of feeling for an accumulated total of 3 or more minutes during any hour at any property line.
(7) Smoke. The Ringelmann Smoke Chart, published by the United States Bureau of Mines, shall be used for measuring smoke at the point of emission. Smoke not darker or more opaque than No. 4 on the Chart may be emitted, except that smoke darker or more opaque than No. 2 on the Chart may not be emitted for periods longer than 4 minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but an equivalent opacity.
(8) Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50% excess air.
(9) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for Eight Hour Day, Five Days Per Week), Table III (Odor Thresholds), Table IV (Exposure to Substances Causing Pain in the Eyes), and Table I (Exposure to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, “Physiological Effects,” that contains such Tables, in the “Air Pollution Abatement Manual,” by the Manufacturing Chemists’ Association, Inc., Washington, D.C., are established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.069 GENERAL INDUSTRIAL DISTRICT - GI.
(C) The performance standards of the GI District shall be those of § 153.068(D), except that measurement or determination of noise, odor and vibration shall be made at the boundary of the GI District.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.070 PLANNED UNIT DEVELOPMENT DISTRICT (PUD).
(A) Purpose. These Planned Unit Development District (“PUD”) provisions are intended to provide design flexibility by allowing variances from other sections of this code relating to land use development and subdivision; to provide an enjoyable environment by preserving existing topography, stands of trees, ponds, flood plains, and similar natural assets; and to provide a compatible and stable environment in harmony with that of the surrounding area.
(B) Land ownership. To be developed as a PUD, the land must be under the control:
(1) Of a single owner; or
(2) Of 2 or more owners who covenant and agree in advance to be bound by the conditions and regulations which will be effective within the PUD and who record the covenants.
(C) Applicability. The PUD District is an overlay zoning technique. The basic underlying zoning district establishes the basic allowable uses and the general standards for development, and the approved PUD plan establishes the specific regulations for development and governs and takes precedence over the underlying zoning district regulations. PUDs may be allowed in any district but are required for multiple family dwellings in the R-3 District. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a zoning district change shall be made concurrently with the PUD application; and, if approved, the zoning map shall be changed both as to the underlying zoning district and designation as a PUD District.
(D) Designation.
(1) Each “Single Use PUD” shall be designated as a “Residential PURR,” a “Commercial PUD-C,” or an “Industrial PUD-I,” established by the underlying zoning district or districts in which the land proposed for the PUD is located.
(2) A “Mixed Use PUD” may include a mixture of residential, commercial, and/or industrial uses, or any combination thereof, as herein provided. Uses other than uses as permitted in the zoning district or districts in which the land proposed for the PUD is located must not result in undue adverse effects on surrounding areas and must be consistent with the intent of this subchapter and the concept of the proposed PUD.
(E) Pre-application conference. Prior to the filing of an application for approval of a PUD Concept Plan, the applicant shall consult with the city zoning official to disclose to the city the general terms of the applicant’s proposal; to determine the procedures and requirements governing approval of a PUD; and to discuss zoning requirements and city plans which might affect the proposed development, which shall be disclosed to the applicant.
(F) PUD Concept Plans.
(1) Prior to submission of a PUD Concept Plan and rezoning application, the applicant shall submit to the Council Secretary for preliminary consideration and approval, in principal, by city staff, by the Planning Commission, and by the Council:
(a) A PUD Concept Plan and written “concept” statement describing reasons for a PUD and benefits to the city. The concept statement should address the criteria on which the PUD will be evaluated in subsection (H)(2)(b);
(b) A tentative written consent signed by all owners of property within the proposed PUD.
(2) The PUD Concept Plan shall identify:
(a) The boundaries of the proposed PUD;
(b) The type of proposed PUD;
(c) The proposed land uses in the PUD;
(d) A sketch development plan showing approximate layout of streets, buildings and open space;
(e) Sketches to show the general design of buildings;
(f) Population densities;
(g) Building intensity;
(h) Proposed circulation patterns (pedestrian and vehicular);
(i) Parks, school sites, and other open space;
(j) Uses of land surrounding the proposed PUD;
(k) The tentative development schedule, indicating the start and completion date.
(3) Preliminary approval of the Concept Plan is subject to the following procedures:
(a) Planning Commission. The Planning Commission shall hold a public information meeting on the PUD Concept Plan and, within 30 days after the review, shall, by motion, recommend to the Council approval in principle, approval with modifications, or denial.
(b) Council. The Council shall consider the PUD Concept Plan and either approve in principle, approve with modifications, or deny the concept statement.
(4) Approval of the PUD Concept Plan shall not obligate the city to approve the PUD Master Plan or Final Plan, or any part thereof, or to rezone the property to a PUD.
(G) PUD Master Plan application. After receiving approval of the PUD Concept Plan, the applicant shall submit to the Council Secretary the following:
(1) An application for a PUD Master Plan and zoning amendment;
(2) A PUD Master Plan application fee in an amount established by resolution of the Council;
(3) Seven copies of a the PUD Master Plan, including the following:
(a) Location map showing existing zoning and development on the subject property and surrounding area within 300 feet;
(b) Boundary survey;
(c) Existing topography at 2-foot intervals with wetlands delineated;
(d) Preliminary plat if the property is to be divided into separate parcels;
(e) Sizes and locations of existing and proposed buildings;
(f) Existing and proposed uses of structures and open areas;
(g) Schematic Exterior Lighting Plan;
(h) Schematic Landscape Plan;
(i) Schematic Grading Plan;
(j) Schematic Utility Plan;
(k) Street names, right-of-way dimensions, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, and the like, streets on, and adjacent to, the tract. Identify roads intended to be private;
(l) Subsurface conditions, and, if required by the city, the location and results of tests made to ascertain subsurface soil, rock and ground water conditions;
(m) Off-street parking, including parking for the handicapped when required (roadways not designed for parking shall be designated “No Parking”);
(n) Conceptual building exterior design and materials;
(o) Table summarizing the area of land devoted to various uses, including floor areas, total land cover, open space, living space, and recreation space;
(p) Type of construction for driveways, walkways, and all other paved surfaces;
(q) Location and schematic design of outdoor advertising devices, playground equipment, mailboxes, air conditioning, trash receptacles, and all other outdoor apparatus;
(r) An outline of protective covenants and homeowners association by-laws;
(s) Optional features, if any;
(t) Any additional documents that may reasonably be requested by city staff (such as, documents showing ownership, surface drainage plan, and the like);
(u) Development Schedule, indicating:
1. Stages in which projects will be built, with emphasis on area, density, use and public facilities, such as open space, to be developed with each stage;
2. Approximate dates for the beginning and completion of each stage.
(4) A detailed statement of the applicant’s real estate development experience, including all corporations now or formerly in existence in which the applicant exercised substantial control; provided, that if the applicant has not had any previous experience in real estate development, he or she shall submit the evidence as is necessary to demonstrate his or her competence to undertake the proposed development.
(5) A detailed financial plan, including existing and proposed credit sources for land acquisition, construction, and permanent financing. No applicant shall be approved unless it can be shown that he or she possesses, or has the ability to acquire, sufficient funds for the development of the site.
(H) PUD Master Plan review.
(1) Upon receipt of the application and 7 copies of the plans, the Council Secretary shall refer it to other city staff (including department superintendents) and the Planning Commission for review as to compliance with the intent of the PUD regulations and other pertinent city standards and regulations.
(2) Within 30 days after receiving the city staff’s report, the Planning Commission shall hold a public hearing on the application after giving notice as provided in § 153.187 and shall make and forward to the Council written findings of fact, to include:
(a) A recommendation for approval of the proposal in the form submitted, approval with modifications, or disapproval of the proposal;
(b) The reasons for the recommendation, specifying with particularity in what respects the plan would or would not be in the public interest, including, but not limited to, the following:
1. The extent to which the plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reasons why the departures are or are not deemed to be in the public interest;
2. The manner in which the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
3. The nature and extent of open space, the reliability of the proposals for the maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the dwelling unit densities proposed in the plan;
4. The relationship, beneficial or adverse effects of the PUD project upon the neighborhood in which it is proposed to be located;
5. In the case of a plan that proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan;
6. In built-up areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area;
7. Conformity with all applicable provisions of this chapter and the Comprehensive Plan.
(c) Within 30 days of receipt of the Planning Commission’s findings of fact, the Council shall either grant tentative approval of the application, with or without modification, or deny the application. A 4/5 majority of the full Council is required for approval of a PUD Master Plan.
(I) PUD Final Plan application. Upon approval of the PUD Master Plan and within the time specified by the Council, but in no event more than 1 year after the date of approval by the Council, the applicant shall submit to the Council Secretary a PUD Final Plan with any required modifications of that segment to be developed first. If the Final Plan is not submitted within the allowed time or unless an extension of the time period has been requested by the applicant and approved by the Council, the approval of the PUD Master Plan shall automatically become void; and the applicant must pay the fee and start the proceedings again. The applicant shall submit to the Council Secretary the following:
(1) An application for PUD Final Plan approval;
(2) A PUD Final Plan application fee in an amount established by the Council;
(3) Seven copies of the following: Final Plans of all the schematic or preliminary plans submitted in the PUD Master Plan stage, including the following:
(a) Final Plat if the property is to be divided into separate parcels;
(b) Exterior Lighting Plan;
(c) Landscaping Plan;
(d) Grading Plan;
(e) Utility Plan;
(f) Building elevations and materials;
(g) Protective covenants and Homeowners Association bylaws.
(J) PUD Final Plan review.
(1) Upon receipt of the application and 7 copies of the plans, the Council Secretary shall refer it to other city staff (including department superintendents) and the Planning Commission for review as to compliance with the intent of the PUD regulations and other pertinent city standards and regulations.
(2) Within 30 days after receiving the city staff’s report, the Planning Commission shall hold a public hearing on the application after giving notice as provided in § 153.187 and shall make and forward to the Council written findings of fact.
(a) A recommendation for approval of the proposal in the form submitted, approval with modifications, or disapproval of the proposal.
(b) The reasons for the recommendation, specifying with particularity in what respects the plan would or would not be in the public interest as defined in subsection (H)(2)(b).
(3) Within 30 days of receipt of the Planning Commission’s findings of fact, the Council shall consider the Planning Commission’s recommendation and may hold additional public hearings if the public interest would be serviced, but the hearings are not required. After the hearings, if any, the Council shall either approve the application with or without modification or deny the application.
(4) If approved by the Council, it shall adopt:
(a) A resolution approving the final plan, subject to such conditions or restrictions as may be imposed by the Council;
(b) An ordinance re-designating the area of land involved as a PUD. The resolution shall not become effective until the effective date of the ordinance.
(5) The final plan (as approved by resolution of the Council) with any conditions and restrictions imposed shall govern and control the use and development of the land involved; provided, that the general zoning regulations which were applicable to the land prior to approval of the plan and which are not inconsistent with the plan shall continue to be applicable.
(K) Building permits. No building permit shall be issued for any structure within the district unless and until the Council Secretary certifies that it conforms to the provisions of the plan and other applicable zoning requirements.
(L) Construction of public facilities. The applicant shall either:
(1) Construct all public facilities and improvements made necessary as a result of the PUD; or
(2) At the election of the city, deliver to the city escrow deposits, irrevocable letters of credit in a form approved by the city, or performance bonds to guarantee construction of the required improvements. The uniqueness of each proposal for a PUD requires that specifications and standards for streets, utilities and services may be subject to minor modifications from the specifications and standards established in this and other city ordinances governing their construction. The City Council may therefore waive or modify the specifications or standards where it is found that they are not required in the interests of the residents or of the entire city. The plans and profiles of all streets, utilities and services shall be reviewed, modified if necessary, and approved by the City Engineer and Building Official prior to the final approval of the PUD plan by the City Council. All PUD projects shall be serviced by public water and sewer systems. All utilities, including electrical, shall be placed underground.
(M) PUD regulations. Although it is the intent of these PUD provisions to allow flexibility in development and not to impose unnecessary constraints on PUD projects, there are certain requirements that cannot be waived in order to offer protection to land owners and the city at large inherent in the zoning ordinance. Other regulations are necessary to meet the stated purpose of the PUD District:
(1) The following regulations establish the basic types of development allowed in PUD projects.
(a) Permitted uses. Within a PUD, no land or building shall be used except for 1 or more the following:
1. Those uses listed as permitted, conditional or accessory uses in the district(s) in which the development is proposed;
2. A variety of housing types allowable in any of the residential zoning districts may be provided in a PUD in any of the residential zoning districts;
3. A variety of business types allowable in any of the business zoning districts may be provided in a PUD in any of the business districts;
4. The organizations of various uses and the circulation and parking pattern and activity areas within the PUD shall fully recognize the existing and planned development adjoining the PUD site;
5. Open space and public recreational uses will be allowed within a PUD although not specifically allowed as a permitted use in the Zoning District in which the PUD is located;
6. Business uses not occupying over 10% of the area of a residential PUD may be allowed if the business is designed and intended for use primarily for residents of the PUD or the immediate surrounding neighborhood; is not conflict with the intent of the Comprehensive Plan; and is integrated into the overall PUD Plan. The business uses are not required to be located in a business district;
7. All streets, driveways and parking lots shall be constructed of an impervious, dust free material such as bituminous or concrete, and all sidewalks shall be concrete. Trails and paths may be constructed of bituminous, ag-lime or other durable, dust free material.
(b) Density. The overall density of residential PUDs (units per acre) or the intensity of nonresidential PUDs (lot coverage or floor area ratios) shall be determined by the underlying zoning district(s) and shall be maintained for the overall PUD. However, the density or intensity may be increased on individual parcels within the PUD. Overall residential densities may be increased in a PUD by 10% if the applicant can show that by consolidation of open space and hard cover areas, the net usable open space has been increased by at least 10%. Density shall be based on the net usable area of the PUD parcel, calculated by subtracting the area in public streets and 50% of wetlands from the total parcel area, and dividing the net usable area by the minimum required lot area.
(c) Open space. A minimum of 25% of the total PUD area shall be in open landscaped space, not covered by buildings, walks, drives or parking.
(2) The following regulations are not flexible and can only be modified by the variance procedure established in this chapter.
(a) Flood plain management and wetland regulations.
(b) Regulations such as front, side and rear yard setbacks, parking setbacks, signage, size and location, floor area ratios or building coverage ratios may be modified for interior development and from interior lot lines. However, the regulations for these same items must be met for the total project area and for the relationship to perimeter property lines of the PUD project.
(c) The minimum size of a single use PUD shall be equal to twice the area of the minimum lot size permitted in the district in which the PUD is proposed.
(d) The minimum size of a mixed use PUD shall be equal to twice the sum of the area of the minimum lot size permitted in any district(s) proposed as part of the PUD.
(e) The total number of parking spaces required by uses in the PUD shall be provided within the overall PUD but may be provided in common parking areas serving more than one use or structure if reasonable walking distances and routes are provided.
(N) Governance. Final agreements, easements, dedication, provisions or covenants shall govern the use, maintenance and continued protection of the PUD.
(O) Preparation of Plan. The applicant must have the necessary documents and supporting evidence for all 3 PUD stages prepared and endorsed by a qualified professional team, including, but not limited to, a registered architect, landscape architect or planner and, if the PUD requires the subdivision of land and the installation of public site improvements, a registered land surveyor and registered engineer.
(P) Occupancy. Occupancy and use of buildings and structures in a PUD may be permitted when the buildings and structures have been completed to the satisfaction of the Building Inspector and the access drives and parking areas are sufficiently completed to support emergency vehicles at all times. The applicant must keep all access drives and parking areas in a dust-free condition.
(Q) Amendments. Any changes approved by the Council shall be by motion as an amendment to the final plan.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.071 ANTENNAS AND TOWERS.
(A) Purpose. To accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary to:
(1) Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;
(2) Restrict the location of antennas and towers and impose design standards to minimize adverse visual effects of antennas and towers;
(3) Require evidence of structural integrity and impose setback requirements to avoid potential damage to adjacent properties from antenna or tower failure; and
(4) Require applicants for antenna or tower permits to maximize the use of existing towers and buildings to accommodate new antennas to reduce the number of towers needed to serve the community.
(B) Antennas and towers.
(1) Establishment of a conditional or interim use of antennas and towers. The City Council establishes that the construction and operation of antennas and towers in any of the City's Zoning Districts is allowable only after issuance of a conditional or interim use permit.
(2) Location of antennas and towers and permit requirements. Except as set forth in division (B)(3), antennas and towers may be constructed and operated within the corporate city limits only with and after the property owner, or a party with a right to possess the property under a valid lease, obtains a conditional or interim use permit pursuant to this section.
(3) Exceptions. The following towers and antennas are not subject to this section:
(a) Towers and antennas the city constructs and operates for city use;
(b) Towers and antennas identified as accessory uses in the city's Zoning Code; and
(c) Towers or antennas that are located entirely within a structure that complies with the height, bulk, density, and area requirements of the city's Zoning Code and are not visible from the exterior of the structure.
(C) Permit applications and application fee. Applicants for an antenna or tower conditional or interim use permit must file an application permit with the City Administrator and pay an application fee to the city.
(D) Building permit requirements. In addition to the requirement for a conditional or interim use permit, no antenna or tower and no accessory building intended to serve a tower may be erected, constructed or located within the city until the applicant has obtained a building permit pursuant to the City Code. As a condition of the city's issuance of the building permit, the applicant must provide evidence, reasonably acceptable to the city, that the antenna or tower complies with any applicable Federal Aviation Administration regulations.
(E) Criteria for approval. The Council must consider the following criteria in determining whether to grant or deny a conditional or interim use permit for a tower or antenna:
(1) The proposed tower or antenna's compliance with the performance standards described in the City Code;
(2) The potential for the tower or antenna to cause a condition that may pose an unreasonable threat or cause unreasonable damage to any other property or person;
(3) The impact of the proposed tower or antenna on the environment and on the visual image of the surrounding area;
(4) A proposal for a new tower must not be approved unless the City Council finds that the antenna and other equipment planned for the proposed tower cannot be accommodated on an existing tower or building within a one mile radius (0.5 mile radius for towers under 120 feet in height or 0.25 mile radius for towers under 60 feet in height) of the proposed tower due to one or more of the following reasons:
(a) The antenna and other equipment would exceed the structural capacity of existing towers or available buildings, as documented by a qualified and licensed professional engineer, and the existing tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;
(b) The planned equipment would cause interference impacting the usability of existing equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
(c) Existing towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; and
(d) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(F) Performance standards. If a conditional or interim use permit is granted, the permit holder must at all times comply with the following requirements.
(1) Tower and antenna design requirements. Towers and antennas must meet the following design requirements:
(a) Towers and antennas must be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration;
(b) Towers must be of a mono-pole design unless the City Council determines that an alternative design is necessary for the proposed use or would better blend into the surrounding environment.
(2) Tower and antenna setback requirements. Antennas and towers must conform with each of the following minimum setback requirements:
(a) Antennas and towers must be set back from structures existing on the property on which the antenna or tower is located or on adjacent properties a distance not less than the height of the antenna or tower;
(b) Antennas and towers must meet the setbacks of the underlying zoning district;
(c) Antennas and towers must be set back from all existing and planned public rights-of-way of the city by a minimum distance equal to the height of the tower;
(d) Antennas and towers shall not be located between a principal structure and a public street with the following exceptions:
1. In industrial zoning districts, antennas and towers may be placed within a side yard abutting an internal industrial street;
2. On sites adjacent to public streets on all sides, antennas and towers may be placed within a side yard abutting a local street;
(e) The setback for an antenna or tower may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.
(3) Tower lighting. An antenna or tower must not be illuminated by artificial means and must not display strobe lights unless the lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of a tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to a tower.
(4) Signs and advertising. The use of any portion of an antenna or tower for signs other than warning or equipment information signs is prohibited.
(5) Accessory utility building. All utility buildings, structures, and equipment accessory to an antenna or tower must be architecturally designed to blend in with the surrounding environment and must meet the minimum requirements of the underlying zoning district.
(6) Screening requirements. Ground mounted antennas and utility buildings, structures and equipment accessory to an antenna or a tower must be screened from view in conformance with the screening requirements in the City Zoning Code.
(7) Location. Any proposed tower must be designed, structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(G) Conditions. Unless modified by the City Council, all conditional or interim use permits for antennas and towers are subject to the following conditions:
(1) The permit holder must obtain all FAA and FCC approvals for the tower or antenna;
(2) The permit holder must remove any abandoned or unused towers or portions thereof within 12 months of the cessation of operations at the site unless the City Council approves a time extension;
(3) Towers and antennas must not interfere with public safety telecommunications;
(4) No change in the use of a tower or antenna may be made without the consent of the City Administrator after the applicant provides the City Administrator with all information the City Administrator may reasonably require to determine that the modification in service or use will not cause the antenna or tower to violate the performance standard set forth in this Code or the conditions of the existing conditional or interim use permit.
(Ord. 109, 5th Series, passed 6-3-1999; Ord. 94, passed 6-19-2018)
§ 153.072 COUNTY FAIRGROUNDS DISTRICT.
(A) Uses permitted. In the county fairgrounds (“CF”) district, no building or premises shall be used, nor shall any building, structure or property be hereafter erected, altered, or utilized, except for one or more of the following uses:
(1) Jackson County Fair;
(2) Special event sales, such as but not limited to merchandise fairs and warehouse sales, club and organization fundraiser sales, and livestock sales;
(3) Special service events, such as but not limited to veterinary clinics, building and other industry weekends, and bicycle safety;
(4) Farmers’ markets, flea markets, and auctions;
(5) Concerts, dances, tournaments, athletic, and recreation events, exhibitions, plays, theatre, conventions, and religious crusades;
(6) Community meetings, seminars, and banquets;
(7) 4-H, FFA, or similar organizational events, including, but not limited to meetings, shows, and training clinics;
(8) Rodeo events, animal shows and competitions, and horse racing;
(9) Motor vehicle racing and demolition derbies;
(10) Circus and carnival events;
(11) Governmental service offices;
(12) Public water towers, substations, and other essential public uses and services;
(13) Temporary accommodation of persons and property in case of any emergency or disaster;
(14) Public athletic and recreation facilities;
(15) Camping during the Jackson County Fair and other special events;
(16) Storage of motor vehicles, boats, trailers, materials and equipment; and
(17) Other uses similar to any of the uses listed in this section.
(B) Building and yard requirements. No building shall hereafter be erected or altered in a manner to cause the building to be closer than 20 feet to a front or side yard lot line, except for construction of an entrance or ticket-sales facility,
(C) Fences. Fences [1] no more than ten feet in height may be erected and maintained in the front and side yard setback areas, [2] more than ten feet in height may be erected and maintained on areas beyond the front and side yard setback areas, and [3] may bear advertising facing toward the fairgrounds or the racetrack.
(D) Screening. Every building erected or facility constructed that has a common boundary with a residential lot or plot shall provide, at the expense of the fairgrounds, a screen in the form of a fence, masonry wall, or hedge, at least five feet in height but not exceeding eight feet in height, designed to protect the peace, quiet, and repose of the occupants of the adjoining residential unit(s).
(E) Off-street parking. Every permitted structure erected or enlarged and used for the purpose of assemblage of persons shall provide off-street parking facilities as required by § 153.093, except that parking restrictions shall not apply during the Jackson County Fair.
(F) Signs. Signs which serve to identify and advertise races and other activities of the fairgrounds shall be permitted subject to the following requirements:
(1) Freestanding signs shall be limited to directional and informational type.
(2) No sign shall protrude beyond the highest point of the building or fence to which it is affixed, nor shall it extend more than five feet from the wall of the building.
(3) All signs, with the exception of temporary signs for directional and informational purposes, shall be stationary; and the support structure shall be of permanent construction and attractive in appearance.
(Ord. 6, 6th Series, passed 4-18-2006)
§ 153.073 MIXED USE DISTRICT - MU.
Purpose. These Mixed Use District (“MU”) provisions are intended to provide flexibility in areas abutting the Central Business District where residential and commercial uses have historically coexisted.
(A) No additional dimensional or spatial requirements in this district.
(C) All residential uses must provide for each dwelling unit one off-street parking space located within 150 feet of the property.
(D) All commercial uses in the MU zone must provide off-street parking as set forth in § 153.092.
(Ord. 46, 6th Series, passed 8-3-2010)