The maximum building height limitations contained in Chapters 17.16 through 17.44 may be waived by city council, following review and recommendation by the planning commission, in those cases where an applicant can demonstrate that: (a) such exemption would not deteriorate the scenic view or solar access presently available to other existing structures; (b) would not violate federal regulations regarding the avoidance of aeronautical hazards (see Section 17.72.060); and (c) by reason of code-sufficient fire suppression systems that conform with National Fire Protection Association or equivalent standards, private fire-fighting equipment or other means acceptable to city council, there exists the means to control fires and/or rescue persons in structures that exceed the height limitations otherwise required in Chapters 17.16 through 17.44.

Applicants for such building height exemptions shall submit application materials stating: (a) the location of the property proposed for exemption; (b) the proposed building height; (c) the proposed method(s) of fire suppression and rescue of occupants; and (d) the application shall state why and how these mitigation measures will prove sufficient to accomplish the purpose of fire suppression and/or rescue. In addition, by a majority vote of the planning commission, applicants may also be required to submit detailed line drawings drawn to scale and including elevations and other related application materials sufficient to enable the planning commission and city council to determine the effect of the building, as proposed, on the scenic view and solar accesses of other structures.

(Ord. 99-8 § 1 (part): prior code § 17.10.010)

Applications for a height limitation exemption shall be processed, including public hearing provisions and all other relevant aspects, in the same manner as an application for a conditional use permit (see Chapter 17.52).

(Ord. 99-8 § 1 (part): prior code § 17.10.020)

A.

In computing the maximum height requirement, the following architectural features shall not be considered: unroofed terraces and patios, cornices, sills, cupolas (and similar features) and temporary awnings and other shade devices.

B.

In computing the minimum setback requirement, the following architectural features shall not be considered: fire escapes, stairs or steps for emergency or secondary access to a permitted building, walls, rails or fences. Setback distances shall be measured from the edge of the eaves of the structure.

C.

Vertical additions on legal nonconforming structures will not exceed the grandfathered footprint.

(Ord. 99-8 § 1 (part): prior code § 17.10.030)

(Ord. No. 2015-9, § 1, 9-15-15)

Industrial, mining and business uses, whether established as conditional uses or uses by right, shall comply with the following provisions:

A.

Such uses shall not create any danger to the safety of persons in surrounding areas nor cause water, soil or air pollution in violation of state or federal statutory and regulatory provisions nor create offensive noise, vibration, smoke, dust, odors, glare or other commonly objectionable influences beyond the boundaries of the property in which such use is located. The industrial performance provisions of this section shall apply to these extractive uses and failure to comply with the provisions of this section shall be sufficient reason for the planning commission to recommend and for city council to deny or revoke any and all permits issued for such uses. Review procedures to consider the revocation of any permit or approval granted by the city and subject to revocation under the provisions of this section shall be as specified in Section 17.52.050.

B.

Permits shall be granted for such mineral extraction and processing uses only upon the submission and approval to city council of a rehabilitation plan, and the city expressly reserves the right to require, as necessary, the posting of a performance bond or other security instrument, for site restoration conducted in a manner acceptable to city council and in accordance with prevailing industry standards.

C.

All truck and other vehicular traffic to and from the site shall not create hazards or nuisances along any public roadways nor cause undue damage as determined by city council to such public roads.

D.

The industrial, business and mining standards shall be as follows:

1.

All uses shall operate so that the volume of sound continuously or recurrently generated shall not exceed acceptable limits at any point on any boundary line of the property on which the use is located.

2.

All uses shall operate so that continuous or recurrent ground vibration is not perceptible, without instrumented measure, at any point on any boundary line of the property on which the use is located. Intermittent vibration from the use of explosives for blasting, when conducted in accordance with all other prevailing laws and regulations, shall not, however, be construed as generating recurrent ground vibrations.

3.

All uses shall operate so that continuous or recurrent emissions of smoke do not exceed a density level of Number 2 on a Ringleman Chart.

4.

All uses shall operate so that they do not emit particulate matter exceeding two-tenths grains per cubic foot of flue gas at a stack temperature of five hundred (500) degrees Fahrenheit.

5.

All uses shall operate so that they do not emit an obnoxious level or dangerous degree of heat, glare, radiation or fumes beyond the boundary line of the property on which the use is located.

6.

In any case where the state of Colorado or the federal government has adopted more stringent standards than those listed above, the more stringent standard shall apply.

(Ord. 99-8 § 1 (part): prior code § 17.23.010)

The heliport regulations and regulations governing protection of airport obstruction and approach airspace surfaces as set forth by the Federal Aviation Administration in the Federal Aviation Regulations, Part 77, as amended and any successor Federal Aviation Regulations, are adopted by the city by reference as minimum standards that city council may amend to incorporate differing or more stringent provisions to accommodate the needs of heliports and the Part 77 obstruction and approach airspace located above Leadville.

In addition, before any structure or natural object is permitted to be erected, altered, maintained or allowed to grow above the airspace surfaces established herein, a notice of construction or alteration shall be filed by the applicant with the Federal Aviation Administration for a determination of the impact on the navigable airspace. City council shall not approve any such development until after receiving and considering the Federal Aviation Administration determination on the matter.

(Ord. 99-8 § 1 (part): prior code § 17.23.020)

On Highway 24 and one block east or west between Elm and the city limits, city council must approve the placement of any structural steel building with a metal or reflective exterior prior to approval of a building permit. In accordance with the definition of the commercial zoning district, city council may require an appropriate facade on any structural steel building with a metal or reflective exterior visible from Highway 24.

(Ord. 99-8 § 1 (part): prior code § 17.23.040)

A.

Purpose and Goals. The purpose of this section is to establish requirements for the siting of telecommunication facilities. The goals of this section are to:

1.

Encourage the use of wall mounted panel antennas;

2.

Encourage building roof mounted antennas only when wall mounted antennas will not provide adequate service;

3.

Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community;

4.

Encourage the joint use of new and existing sites;

5.

Encourage telecommunications providers of antennas and towers to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

6.

Encourage telecommunications providers to configure facilities in a way that minimizes the adverse visual impact of the antennas and towers; and

7.

Enhance the ability of telecommunications providers to provide such services to the community quickly, effectively and efficiently.

B.

Applicability. The requirements of this section shall apply to all telecommunications facilities, whether proposed as conditional uses or uses subject to conditions, with the following exceptions:

1.

Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator.

2.

Any telecommunication facility for which a permit has been properly issued prior to December 1, 2003 shall not be required to meet the requirements of this section, other than the requirements of subsections D and H of this section.

Changes and additions to pre-existing telecommunication facilities shall meet the applicable requirements of this section.

3.

Antennas used for reception of television and radio such as television dish antennas, television broadcast band antennas, and broadcast radio antennas, provided that the requirements of Chapter 17.60, "Accessory Uses," have been met and that the height is no more than the distance from the base to the property line.

C.

Submittal Requirements. All applications for telecommunications facilities shall include such plans, pictures, drawings and specifications as may be necessary for the city to determine that the application and the proposed facility are consistent with this section, this code and all applicable state and federal regulations. Applicants for facilities required to obtain a conditional use permit shall submit the following in addition to the application information required pursuant to Chapter 17.52. An application shall include, at a minimum, the following:

1.

A completed application in a form approved by the planning official.

2.

Payment of an application fee in an amount established by resolution of the city council to cover the administrative costs of processing the application. In addition, any reasonable costs incurred by the city, including reasonable professional consulting and attorney costs to verify compliance with any requirements under this section, shall be paid by the applicant.

3.

A complete legal description of the property on which the telecommunication site is proposed, prepared by a licensed registered Colorado land surveyor.

4.

The names, addresses and telephone numbers of all owners of telecommunication facilities within a one-mile radius of the proposed new facility.

5.

A site plan containing a graphic representation of the property on which the proposed telecommunication facility is proposed to be located prepared at a scale not greater than one inch equals twenty (20) feet. The site plan shall include or illustrate:

a.

A general vicinity map of the property;

b.

Date of preparation, map scale, north arrow, and revision box;

c.

A title that prominently identifies the name of the applicant and the phrase "Telecommunications Facility Site Plan";

d.

Size, height, type, style, configuration, design and architectural elevation drawings of the proposed facility, antennas and support facilities;

e.

A signature block that reads:

CITY APPROVAL: The [City Council] or [Planning Official] approved this Site Plan for the illustrated telecommunication facility on the _____ day of ________, ___.

 Attest:

 ___________

 Mayor/Planning Official

 ___________

 City Clerk

f.

Location and type of natural features of the subject property and for properties within one hundred (100) feet of the subject property including watercourses, lakes, topography, one hundred (100)-year floodway and floodplain, rock outcrops/surface geology, wildlife corridors and known wildlife foraging areas, scenic vistas, and significant trees and vegetation;

g.

Location of all existing man-made structures, utilities, streets, driveways, ditches, fences or other physical improvements on the property or within one hundred (100) feet of the subject property.

h.

Approximate location of recorded or apparent easements or rights-of-way on the property and within one hundred (100) feet of the property;

i.

Location of primary access to any tower and/or antenna, equipment and support facilities; and

j.

Any other data or information essential to the evaluation of the proposed facility as may be requested by the city.

6.

Freestanding Telecommunications Facility. In addition to all other application information required by this code, the following information for a proposed freestanding telecommunications facility will be provided:

a.

A written evaluation and report of the visual impact of the proposed facility, including color photographic or computer generated simulations of the proposed site of the proposed telecommunication facility as it would appear viewed from the closest residential property and from at least three different locations which afford a public view of the facility. The planning commission or city council may request additional simulations to assess the visual impact of the proposed facility. Applicants are encouraged to provide photographic examples of similar facilities and samples of proposed architectural colors and materials to permit the city and interested parties to understand the visual impact of the proposed special use. The report or evaluation shall include a landscape, screening and fencing plan showing specific landscape materials and locations, fencing materials and colors, and other screening techniques together with illustrative drawings showing the visual effect of the proposed landscaping and screening from at least three different locations which afford a public view of the facility.

b.

A copy of any lease or other agreement(s) authorizing the use of the property for the proposed telecommunication facility. Applicants may excise or delete from such lease or agreement(s) information considered proprietary or pertaining to rental or lease payment amounts.

c.

Description of the size, type and visibility of any proposed illumination for the site, specifically including lighting attached to any tower.

d.

Information sufficient to demonstrate that the telecommunications site is a necessary component of the applicant's overall communication network and is integrated into a coordinated communication service plan for the community and for the area. Conformance with this requirement may be established by evidence presented to the city which demonstrates that the proposed site is necessary in order to: (i) provide appropriate signal coverage and quality to the area; (ii) connect and relay services between existing facilities; (iii) connect and relay services between facilities that are reasonably likely to be constructed within one hundred eighty (180) days of the application; (iv) handle increased capacity due to customer demand; (v) overcome existing topography and/or structures in the surrounding area that preclude other preferred locations in the same area; or (vi) overcome engineering and technical constraints which require the site to be in the desired location in relation to other existing sites and potential site locations.

e.

Information sufficient to demonstrate that other reasonably potential telecommunications sites, including sites located outside of the city, were evaluated by the applicant and are incapable of serving the applicant's overall communication network needs due to physical or technical limitations. Financial or economic considerations alone shall not establish an inability to serve an overall communication network.

f.

Information sufficient to demonstrate that location of the proposed antenna and facility upon towers or structures at other existing telecommunication sites and facilities has been thoroughly explored and is rendered impossible due to one or more of the following: (i) absence of other existing telecommunication sites within the area; (ii) incompatibility of an engineering or technical nature between the applicant's proposed antenna and telecommunication service and existing telecommunication sites and facilities; (iii) lack of sufficient space on existing telecommunication sites to permit attachment of the applicant's proposed antenna or equipment; (iv) inability to obtain a lease for or permission to use existing telecommunication sites despite the exercise of due diligence to do so.

D.

Design and Performance Standards.

1.

Federal Requirements. All telecommunication facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed, then applicants governed by this section shall bring such telecommunication facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the telecommunication facility at the applicant's expense.

2.

Building Codes—Safety Standards. To ensure the structural integrity of telecommunication facilities, the applicant shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for telecommunication facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a telecommunications facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice being provided to the applicant, the applicant shall have thirty (30) days from date of notice to bring such telecommunication facility into compliance with such standards. Upon good cause shown by the applicant, the city may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the applicant fails to bring such telecommunication facility into compliance within said time period, the city may require removal of such facility pursuant to subsection H of this section. Any reasonable costs incurred by the city shall be paid by the applicant.

3.

Radio Frequency Standards. All applicants shall comply with federal standards for radio frequency emissions. At the request of the city upon complaint, but not more than annually, an applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the city finds that the facility does not meet federal standards, the city may require corrective action within a reasonable period of time, and if not corrected, may require removal of the telecommunications facility pursuant to subsection H of this section. Any reasonable costs incurred by the city, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the applicant.

4.

Signal Interference. All telecommunications facilities shall be designed and sited so as not to cause interference with the normal operation of radio, television, telephone and other telecommunications services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety telecommunications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the city to monitor interference levels with public safety communications during this process. Additionally, the applicant shall notify the city at least ten (10) calendar days prior to the introduction of new service or changes in existing service, and shall allow the city to monitor interference levels with public safety communications during the testing process.

5.

Aesthetics—Lighting. The guidelines set forth in this section shall apply to the location of all telecommunication facilities; provided, however, that the city may waive these requirements if it determines that the goals of this section are better served thereby.

a.

Freestanding telecommunication facilities shall either maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness.

b.

The design of a telecommunication facility and any accessory equipment shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the telecommunication facility to the surrounding natural setting and built environment.

c.

If an antenna is installed on a structure other than a freestanding telecommunication facility, the antenna and accessory equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related facilities as visually unobtrusive as possible.

d.

Freestanding telecommunication facilities shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the facility is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of light falling onto nearby properties, particularly residences.

e.

No portion of any telecommunication facility may extend beyond the property line.

f.

No trees larger than four inches in diameter measured at four and one-half feet high on the tree may be removed, unless authorized by the city. To obtain such authorization, the applicant shall show that tree removal is necessary, the applicant's plan minimizes the number of trees to be removed and any trees removed are replaced at a ratio of two to one.

g.

Accessory telecommunications equipment such as vaults, equipment rooms and equipment enclosures shall be constructed out of non-reflective materials (visible exterior surfaces only).

h.

No accessory telecommunications equipment shall exceed fifteen (15) feet in height.

i.

Accessory telecommunications equipment shall be designed and constructed to look like a building, facility or structure typically found in the area and shall not exceed three hundred fifty (350) square feet in total coverage area.

j.

Telecommunications facilities in areas of high visibility shall, where possible, be designed (e.g., placed underground, depressed or located behind earth berms) to minimize their profile.

k.

A special design may, where possible, be required of any telecommunications facility where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

6.

Co-Location. All freestanding telecommunication facilities shall be designed and constructed to permit the facility to accommodate the attachment of at least two telecommunication providers on the same freestanding facility. No telecommunication facility owner or operator shall unfairly exclude a telecommunication competitor from using the same facility or location.

7.

Setbacks and Separation. The following minimum setbacks and separation requirements shall apply to all freestanding telecommunications facilities; provided, however, that the city may reduce standard setbacks and separation requirements if the goals of this section would be better served thereby. A freestanding telecommunication facility shall meet the greater of the following minimum setbacks from all property lines:

a.

The setback for a principal building within the applicable zoning;

b.

Twenty-five (25) percent of the facility height, including antennas; or

c.

Towers over sixty (60) feet in height shall not be located within one-quarter mile from any existing tower that is over sixty (60) feet in height, unless the applicant has shown to the satisfaction of the city that there are no reasonably suitable alternative sites in the required geographic area which can meet the applicant's needs.

8.

Security Fencing. Freestanding telecommunication facilities shall be enclosed by security fencing six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the city may waive such requirements, if the goals of this section would be better served thereby. Chain link fencing shall not be permitted.

9.

Landscaping. The following requirements shall govern the landscaping surrounding freestanding telecommunication facilities; provided, however, that the city may waive such requirements if the goals of this section would be better served thereby.

a.

Freestanding telecommunication facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the accessory equipment from adjacent residential property. The standard buffer shall consist of the front, side and rear landscaped setback on the perimeter of the site.

b.

In locations where the visual impact of the telecommunication facility would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the perimeter may be sufficient to buffer.

E.

Review Procedure General.

1.

R/C—Subject to Conditions. An application for a telecommunication facility designated as being subject to conditions shall be reviewed and may be approved by the planning official if it conforms to this section and other applicable provisions of this code. Alternatively, the planning official may refer the application to city council for approval, after a recommendation by planning commission, should the facility be found to have a significant visual impact, (e.g., proximity to historical sites or significant views of historic sites) or otherwise be incompatible with the structure or surrounding area, or not meet the intent of these provisions. Applications for roof mounted facilities shall demonstrate that a wall mounted facility is inadequate to provide service.

2.

C—Conditional Uses. An application for a telecommunication facility designated as a conditional use may be approved by the city council after a public hearing, subject to a recommendation by the planning commission. Applications for freestanding telecommunication facilities shall provide the information required pursuant to this section, and shall be reviewed for conformance with this section and other applicable provisions of this code. All applications for freestanding telecommunication facilities shall demonstrate that a wall or roof mounted facility is inadequate to provide service.

F.

Standards for Approval. Telecommunications facilities shall be evaluated for approval as provided below. Facilities required to obtain a conditional use permit shall be evaluated for approval pursuant to the criteria set forth in Chapter 17.52 in addition to the criteria specified below.

1.

Wall Mounted. A building wall mounted telecommunication facility shall be evaluated for approval subject to the following criteria:

a.

Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached;

b.

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two feet;

c.

Modifications to the building penthouse, mechanical screening and other appurtenances may be approved by the planning official to allow panel antennas for telecommunication facilities;

d.

Wall mounted telecommunication facilities shall not extend above the roof line unless mounted to a penthouse; and

e.

The proposal is in conformance with the provisions of this section.

2.

Roof mounted. Such facilities shall be approved only where an applicant demonstrates a wall mounted facility is inadequate to provide service and evaluated for approval based upon the following criteria:

a.

Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached;

b.

Roof mounted telecommunication whip antennas shall extend no more than twelve (12) feet above the parapet of any flat roof or ridge of a sloped roof or penthouse to which they are attached;

c.

Roof mounted telecommunication panel antennas shall extend no more than seven feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted;

d.

Roof mounted telecommunication accessory equipment shall extend no more than seven feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof; and

e.

The proposal is in conformance with the provisions of this section.

3.

Alternative Tower Structures. Such structures shall be architecturally compatible with the surrounding area. Alternative towers shall be evaluated for approval based upon the following criteria:

a.

Height or size of the proposed alternative tower structure;

b.

Proximity of the facility to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties and the compatibility of the facility to these uses;

d.

Compatibility with the surrounding topography;

e.

Compatibility with the surrounding tree coverage and foliage;

f.

Compatibility of the design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress, if any; and

h.

The proposal is in conformance with the provisions of this section.

4.

Dish Antennas. Dish antennas shall be evaluated for approval based upon the following criteria:

a.

Height of the proposed structure or size and number of dish antennas at the site;

b.

Proximity of the facility to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Compatibility with the surrounding topography;

e.

Compatibility with the surrounding tree coverage and foliage;

f.

Design of the dish antenna site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress, if any;

h.

Availability of suitable existing sites and other structures; and

i.

The proposal is in conformance with the provisions of this section.

G.

Standards of Approval—Freestanding Telecommunications Facilities.

1.

Freestanding telecommunications facilities shall be evaluated for approval based on the following criteria, although the city may waive or reduce the burden on the applicant of one or more of these criteria if the city concludes that the goals of this section are better served thereby.

a.

Height or size of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Compatibility with the surrounding topography;

e.

Compatibility with the surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

Availability of suitable existing freestanding telecommunication facilities and other structures. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing freestanding telecommunication facility or structure can accommodate the applicant's needs; and

i.

The proposal is in conformance with the provisions of this section.

H.

Removal of Abandoned Telecommunication Facilities.

1.

If any telecommunication facility shall cease to be used for a continuous period of one hundred eighty (180) days, the city shall notify the owner, with a copy to the applicant, that the telecommunication site will be subject to a hearing and possible determination by the city council that such site has been abandoned. The owner and applicant shall be provided written notice of the hearing before the city council and the hearing shall be held not less than fourteen (14) days following the mailing of notice via hand delivery, regular U.S. Mail postage prepaid, or comparable delivery service to the last known addresses of the owner. The owner and applicant shall have an opportunity to show at the hearing, by a preponderance of the evidence, that the telecommunication facility has been in use or under repair during such period. If the owner or applicant fails to show that the facility has been in use or under repair during the period, the council shall issue a final determination of abandonment and shall order removal of the telecommunication facility by written demand sent via registered U.S. Mail, return receipt requested, to the owner and applicant. Upon issuance of the final determination of abandonment and delivery of the order for removal the owner shall, within sixty (60) days or such longer period determined by the council, cause the telecommunication facility to be dismantled and removed.

2.

Telecommunication facilities declared abandoned by the city in accordance with this section and which remain in place following the deadline for removal stated in an order for removal shall constitute a public nuisance and shall be subject to abatement and any other remedy available to the city as provided by this code.

I.

Decision. Any decision to deny an application for a telecommunication facility shall be in writing and supported by substantial evidence in a written record.

J.

Appeal. In the event an applicant is aggrieved by a determination of the planning official, the applicant may appeal to the planning commission pursuant to Chapter 17.88 of this code.

(Ord. 03-17 § 5)

All utility lines shall be installed underground. The cost of such undergrounding shall be borne by the utility provider, developer or property owner, as applicable, and shall be installed subject to the plans, specifications and approval of the electric, natural gas, telephone, and cable television utilities providing service to the subject property and to any other utility designated by the city.

(Ord. 04-7 § 1)

A.

All commercial greenhouses two hundred (200) square feet or larger than will be required to comply with building codes required of the Lake County Building Department.

B.

All commercial greenhouse plans must be approved by the planning and zoning commission.

C.

Those seeking to build a commercial greenhouse must meet the following standards when applying for a conditional use permit:

1.

Commercial greenhouses must use frosted glass, polycarbonates or other similar building materials. Plastic sheeting and similar materials will not be accepted.

2.

Fertilizer, waste and other odorous materials must be properly stored in sealed rodent, pest and child proof containers. Odors must not permeate beyond the property line.

3.

At least two off-street parking spaces must be provided in the TR and TC zones.

4.

All lighting must be fully shielded, downcast and not project past the property lines. Hours of lighting will be considered and set during the CUP process.

(Ord. No. 2010-2, § 3, 5-18-10)