Parkville City Zoning Code

Encourage the location of towers in non-residential areas.

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

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

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

District Height Limitations. The requirements set forth in this Section shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

Amateur Radio — Receive-Only Antennas. This Section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

City Rights-Of-Way. All requirements of towers, antennas and associated equipment and facilities shall equally apply to any application for antenna or tower placement within City rights-of-way.

Preexisting Towers And Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Section of the Municipal Code shall not be required to meet the requirements of this Section, other than the requirements of Subsections (C)(8) and (E). Any such towers or antennas shall be referred to in this Section as "preexisting towers" or "preexisting antennas."

Height. Height of all towers or structures shall be measured from ground level to the highest point on the tower or other structure, including any antenna. Except as further constrained by the setback and separation requirements, the maximum height of a tower shall not exceed one hundred eighty (180) feet above the existing ground level.

Setbacks And Separation. Unless otherwise required by law, the following setbacks and separation requirements shall apply to all towers and antennas.

Roof And/Or Building-Mount Facility. Antennas on the rooftop or above a structure shall not extend more than twelve (12) feet above the roof, and shall be screened, constructed and/or colored to match the structure to which they are attached in a manner that they are not visible from public streetscapes adjacent to the building. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Microwave antennas exceeding twelve (12) inches in diameter on a roof- or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character and color.

Security Fencing. All telecommunication towers and antennas shall be protected from unauthorized access by appropriate security measures. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.

Landscaping. The following landscape requirements apply:

Aesthetics — Lighting. The following guidelines shall govern the location of all towers, and the installation of all antennas.

Federal Requirements. All towers must meet current standards and regulations of the FAA, the FCC, and any other agency of the Federal Government with the authority to regulate towers and antennas.

Building Codes — Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local buildings codes and the applicable standards for towers that are published by the Electronic Industries Association. Any structural modification or alteration to an existing tower or antenna will require a structural analysis by a licensed professional engineer in the State of Missouri as part of the application, unless waived by the Community Development Director. If, upon inspection, a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance. If the owner fails to bring a tower into compliance within thirty (30) days, the City of Parkville may remove the tower at the owner's expense.

Safety. All telecommunication towers and antennas shall be reasonably designed to reduce the potential damage to persons or property from falling equipment, ice or debris from wind, damage or structural failure.

Small Wireless On Utility Poles. In accordance with Section 67.5112, RSMo., a wireless provider may collocate small wireless facilities and install, maintain, modify, operate, and replace utility poles, at heights below the height limitations outlined in this subdivision, which shall be a permitted use in all districts except within single-family residential and historic zoned areas and districts provided the proposed installation does not:

New, replacement, or modification of utility poles under the following circumstances shall not be considered a permitted use:

Fast-Track. An application for a fast-track small wireless facility may be approved administratively by the Community Development Director, subject to meeting the following requirements:

Applications. Applications for uses authorized under this Section shall be on forms as may be established by the Community Development Director with such information as necessary to determine applicability of the specific permitted use and shall be accompanied by a building permit application, proof of owner consent required herein, and application fees as set forth in the Schedule of Fees and adopted by the Board of Aldermen by resolution, as authorized by Section 600.010 of the Municipal Code, as required to cover the actual costs, but not to exceed such amounts as limited by applicable law. If the applicant is not a wireless services provider, as defined by Section 67.5111, RSMo., then the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by such wireless services provider within one (1) year of the permit's issuance date. For any application for a small wireless facility, the applicant shall provide an attestation that the proposed small wireless facility complies with the volumetric limitations as required to meet the definition of a small wireless facility in accordance with this Section and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the general requirements of this Section. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. Applications shall be decided upon within a reasonable time, subject further to State or Federal specific additional requirements as may apply to the particular application. The Community Development Director shall review the application and provide a deficient notice, in accordance with this Section, within fifteen (15) days of receipt, or such other longer time as allowed by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for denial.

General. A conditional use permit is required for new towers or new antenna on existing towers or structures. The following provisions shall govern the issuance of conditional use permits:

Information Required. Each applicant requesting a conditional use permit under this Section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals showing the location and dimensions of all improvements, including information concerning topography, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Planning Commission to be necessary to assure compliance with this Section. For applications for sites within City rights-of-way or on City-owned property, no application shall be submitted for permit approval without attaching the City's consent to use the right-of-way or property for the specific construction application. This consent should be in the form of an agreement with the City to place and/or maintain private improvements in City rights-of-way or on City-owned property.

Abandonment Bond. Any applicant for a new tower shall place a bond or other security with the City prior to any final approval to ensure abandoned towers can be removed. The bond or security shall be in the form and amount approved by the Community Development Director based on the valuation of the tower at the time of construction and necessary amount required for a demolition permit. The amount of the bond shall be determined by the Director to satisfy the requirements hereof with regard to the specific tower to which it would apply based on the estimated total cost of removal of that tower.

Criteria. In addition to the criteria in Section 403.050, and the standards in this Section, the Planning Commission shall consider the following additional criteria for conditional use permits for telecommunication facilities.

Historic Preservation Thirty-Day Hearing Period. A conditional use permit shall not be issued for any telecommunication tower or antenna that the Planning Commission or Board of Aldermen determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such district as a whole. For collocation of any certified historic structure as defined in Section 253.545, RSMo., in addition to all other applicable time requirements, there shall be a thirty-day time period before approval of an application during which one (1) or more public hearings on collocation to a certified historic structure are held.

Reduce flood losses from inundation, including loss of life and property, health and safety hazards, disruption of commerce and governmental services and extraordinary public expenditures for flood production and relief;

Reduce the cumulative effect of development in floodplains that increase flood heights and velocities;

Reduce the occupancy of flood hazard areas by uses vulnerable to floods, or which are hazardous to others inadequately elevated or otherwise unprotected from flood damage;

Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;

Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard;

Establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3) and meet the requirements of 44 CFR 60.3(d).

Floodplain Administrator. The Community Development Director shall be the Floodplain Administrator under this Section. The Floodplain Administrator shall review all permits for compliance with this Section and assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law.

Flood Insurance Study. The Flood Insurance Study (FIS) and standard engineering methods are used for analyzing flood hazards, including the following interrelated steps:

Permit Required. No development located within the special flood hazard areas of this community shall be located, constructed, extended, converted or structurally altered without a permit demonstrating full compliance with the terms of this Section.

Permit Procedures. In association with other procedures in Chapter 403, a floodplain development permit shall:

Review Criteria. In applying the standards of this Section, the Floodplain Administrator shall verify that:

Warning And Disclaimer Of Liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside the floodway and flood fringe or land uses permitted within these areas will be free from flooding or flood damage. This Section shall not create a liability on the part of the City of Parkville, any officer or employee for any flood damages that may result from decisions or actions in reliance on this Section.

No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Subsection are satisfied.

All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the one-hundred-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Section. If Flood Insurance Study data is not available, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

Storage, Material, And Equipment.

Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet, may be constructed at-grade and wet-floodproofed, provided that there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Section; and a floodplain development permit has been issued.

Residential Construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to a minimum of one (1) foot above the base flood elevation.

Non-Residential Construction. New construction or substantial improvement of any commercial, industrial or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to a minimum of one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied.

All Construction. Fully enclosed areas below the lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

Manufactured homes placed within unnumbered and numbered A Zones and AE Zones on the FIRM shall be installed using methods and practices that minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include use of over-the-top or frame ties to ground anchors.

Manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the FIRM on sites: outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to a minimum of one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the FIRM, that are not subject to the provisions of Subsection (E)(2) shall be elevated so that either:

The City shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.

No encroachments, including fill, new construction, substantial improvements and other development, shall be within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

If Subsection (F)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.

In unnumbered A Zones, any base flood elevation or floodway data currently available from Federal, State, or other sources in Subsection (C)(2) shall be utilized.

Be on the site for fewer than one hundred eighty (180) consecutive days; or

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or

Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this Section.

Additional Considerations. The Board shall consider the following additional considerations:

Additional Limitations. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, after considering the following criteria. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

Conditions For Accessory Structures. In addition to all other considerations and criteria, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.

Within one thousand (1,000) feet of any primary or secondary school, house of worship, public library, licensed child-care center, public park, or property zoned or used for residential purposes. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the premises from which the adult business would be operated to the nearest point on the property line of any primary or secondary school, house of worship, public library, licensed child-care center, public park, or property zoned or used for residential purposes:

Within one thousand (1,000) feet of any other business located within or without the City meeting the definition of "adult business," as set forth in this Title. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest property line of the premises from which the proposed adult business would be operated to the nearest point on the property line of the other business meeting the definition of "adult business," as set forth in this Title.

All adult businesses shall comply with the sign regulations in Chapter 409.

Any adult businesses that shall not be open to minors in accordance with the requirements of Title VI, Chapter 650, shall conspicuously display, in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one (1) inch high, which shall read as follows:

All adult entertainment businesses that provide live entertainment shall conspicuously display, in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one (1) inch high, which shall read as follows:

Prohibition Of Public Display. No adult business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this Title, from any exterior source by display, decoration, sign, show window or other opening.

Display Of Adult Media.