Peculiar City Zoning Code
ARTICLE VIII
Supplemental Regulations
Section 400.1020 Parking Surfaces.
[Ord. No. 111808 §1(400-800.1), 11-18-2008]
Parking areas, loading dock areas, entries from public roads and vehicular entries to buildings shall be constructed of either concrete or asphalt or other alternative surface as approved by the City Engineer.
Section 400.1030 Exterior Building Surface Materials.
[Ord. No. 111808 §1(400-800.2), 11-18-2008]
A.
All exterior elevations of buildings located in commercial districts shall be surfaced in one (1) or a combination of the following materials:
B.
The exterior surfaces of all buildings located in an industrial district shall be surfaced primarily in one (1) or a combination of the following materials when they are the primary front facade or any other exterior surface that faces a street classified as a collector or higher:
C.
The exterior surfaces of all buildings located in an industrial district may be partially clad in metal siding up to forty percent (40%) of the facade surface area, but shall not be fully clad in metal siding. Permitted metal siding shall adhere to the following guidelines:
1.
Metal panels shall be either a horizontal lap or vertical standing seam style;
2.
Metal siding materials used for the primary exterior facade or any other exterior surface that faces a street classified as a collector or higher shall wrap around the sides of the exterior surface in a way that extends the method of application at least one-third (1/3) of the length of the side.
3.
Corrugated and galvanized metal panels and those with only a primer finish are prohibited.
Section 400.1040 Trash Enclosures.
[Ord. No. 111808 §1(400-800.3), 11-18-2008]
A.
Trash enclosures are required for each freestanding building. Multi-tenant buildings may provide a common trash enclosure for use by all tenants; however, adequate collection capacity for normal use shall be provided and enclosed.
B.
Enclosures shall be constructed of durable materials that compliment the exterior finish of the building in color, texture and finish. Enclosures shall be opaque.
C.
Doors to the enclosure shall be constructed for durability and designed to prevent sagging. Frames or other structural support members shall be visible only from the interior of the enclosure.
D.
Enclosures must be kept in working condition and closed and latched at all times.
Section 400.1050 Landscaping and Screening.
[Ord. No. 111808 §1(400-800.4), 11-18-2008]
A.
Intent. The landscaping and screening requirements for commercial and industrial developments are intended to preserve and enhance property values by ensuring that yards, open spaces, parking lots and areas located next to public rights-of-way and residential uses are constructed and maintained with plants and landscape materials.
B.
Application And Scope. No new structure, building or parking lot shall be constructed unless it complies with the landscaping and screening standards of this Section.
C. BENEFITTED USE BURDENED USE LANDSCAPED SCREENED
Definitions. As used in this Section, the following terms shall have these following meaning:
The use from which the burdened use is screened generally the existing structure, site and development.
The use which must provide the required screening, generally the new construction and/or development.
An area devoted to or developed predominately with plant material or natural landscape features, including lawn, ground cover, gardens, trees, shrubs and other plant materials.
Shielded, concealed and effectively hidden from view by a person standing at ground level on an abutting site or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscaped feature.
D.
Site Landscaping Requirements. All new commercial and industrial developments shall provide and maintain a landscaped area as follows:
1.
The subdivider shall provide and maintain a landscaped area that equals or exceeds ten percent (10%) of the total subdivision area. The following areas shall be provided as landscaped area and may be utilized in conjunction with the screening requirements as set forth herein:
2.
For all buildings which equal or exceed ten thousand (10,000) square feet of building coverage, there shall be provided for each ten thousand (10,000) square feet of building coverage, three (3) deciduous shade trees and four hundred (400) square feet of ornamental grasses or shrub coverage. Ornamental trees may be used in lieu of deciduous shade trees, but are only credited as one-half (½) of a deciduous shade tree. For example, for buildings which are between ten thousand (10,000) and nineteen thousand nine hundred ninety-nine (19,999) square feet in building coverage, three (3) trees and four hundred (400) square feet of ornamental grasses or shrubs would be required; whereas for buildings which are between twenty thousand (20,000) and twenty-nine thousand nine hundred ninety-nine (29,999) square feet of building coverage, six (6) trees and eight hundred (800) square feet of ornamental grasses or shrubs would be required.
E.
Site Screening Requirements. Where commercial or industrial uses are located adjacent to residential uses, said uses shall be screened according to the following:
1.
Types of screens.
a.
A — Opaque screen. A screen that is opaque from the ground to a height of at least six (6) feet with intermittent visual obstructions extending from the opaque portion to a height of at least twelve (12) feet. The opaque screen is intended to exclude all visual contact between uses and to create a strong impression of special separation. The opaque portion may be composed of a wall, fence or landscaped earth berm or combination thereof. Planted or natural vegetation screens will be judged on the basis of the average mature height and density of foliage of the species or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions shall not contain any completely unobstructed openings more than ten (10) feet wide. The portion of the intermittent visual obstructions may contain deciduous plants. Planting areas for the placement of these screens shall be a minimum of five (5) feet in width.
b.
B — Semi-opaque screen. A screen that is opaque from the ground to a height of three (3) feet with intermittent visual obstruction extending from the opaque portion to a height of at least twelve (12) feet. The opaque portion may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions shall not contain any completely unobstructed openings more than ten (10) feet wide. The zone of intermittent visual obstruction may contain deciduous plants. Planting areas for the placement of these screens shall be a minimum of five (5) feet in width.
c.
C — Broken screen. A screen composed of intermittent visual obstruction from the ground to a height of at least twelve (12) feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. The screen may contain deciduous plants. Planting areas for the placement of these screens shall be a minimum of five (5) feet in width.
2.
Screening locations. Screening shall be required along the common lot line(s) of adjacent uses and wholly located on the burdened use property. Where uses are separated by an intervening right-of-way, the burdened use must screen along the adjoining right-of-way. A new burdened use is not required to provide screening to an adjacent use within the same or more intense commercial or industrial zoning district. However, a new burdened use is required to provide screening to an adjacent use within a residential or less intense commercial or industrial zoning district.
3.
Screen options:
a.
Type A.
(1)
Small trees planted thirty (30) feet on center with six (6) foot high evergreen shrubbery planted four (4) feet on center.
(2)
Large trees planted forty (40) feet on center with a six (6) foot high opaque fence or wall.
(3)
Tall evergreen trees planted in a staggered pattern with branches touching the ground.
b.
Type B.
(1)
Small trees planted thirty (30) feet on center with a three (3) foot high stone wall.
(2)
Small trees planted twenty (20) to thirty (30) feet on center on top of a three (3) foot high sodded earth berm.
(3)
Large trees planted forty (40) feet on center with three (3) foot high evergreen or deciduous hedge shrubbery planted three (3) feet on center.
4.
Schedule of screen requirements:
[Ord. No. 03212022A, 3-21-2022[1]]
Benefited Use Zoning | Side abutting right-of-way | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Burdened Use Zoning | RE | R-1 | R-2 | R-3 | R-4 | DOD | O-C | C-1 | C-2 | C-P | I-1 | I-2 | |
DOD | A | A | A | A | A | - | - | - | - | - | - | - | - |
O-C | A | A | A | A | A | C | - | - | - | - | - | - | - |
C-1 | A | A | A | A | A | B | C | - | - | - | - | - | - |
C-2 | A | A | A | A | A | B | C | C | - | - | _ | - | - |
C-P | A | A | A | A | A | B | C | C | C | - | _ | - | C |
I-1 | A | A | A | A | A | A | C | C | B | C | - | - | C |
I-2 | A | A | A | A | A | A | B | B | B | B | C | - | C |
[1]
Editor's Note: Ord. No. 03212022A changed the designation of "A-C" Arts and Cultural Overlay District" to "DOD" Downtown Overlay District." By implication the references to A-C in this Table have also changed.
5.
All plant material used shall conform to the approved list of plant material, which may be amended from time to time and is maintained by the City.
F.
All industrial developments having frontage along 71 Highway or visible from 71 Highway with no separate, intervening uses shall provide an eight (8) foot tall opaque fence or wall along 71 Highway.
Section 400.1060 Multiple Tenant Developments.
[Ord. No. 111808 §1(400-800.5), 11-18-2008]
A.
Multi-tenant developments wherein more than one (1) building will be constructed shall have a uniform look, which shall be enforced by the covenants of the development. Proposed covenants and renderings depicting the proposed exterior treatments shall be presented with the construction plans for the development.
B.
Multi-tenant buildings shall have uniform signage for each tenant. Signage design, including dimensions, shall be presented with the concept plan. Variations from the concept plan for size, design or finish are not allowed.
Section 400.1070 (Reserved) [1]
[1]
Editor’s Note: Former Section 400.1070, Temporary Signs, as adopted and amended by Ord. No. 111808 §1(400-800.6), adopted 11-18-2008, was repealed 7-1-2013 by Ord. No. 07012013A.
Section 400.1080 Setback Adjoining Residential District.
[Ord. No. 111808 §1(400-800.7), 11-18-2008]
Along any property line abutting or adjoining a residential district, there shall be a setback of at least ten (10) feet for any buildings or parking lots.
Section 400.1090 Special Screening Requirements.
[Ord. No. 111808 §1(400-800.8), 11-18-2008]
A. BERMS FENCE, OPEN FENCE, SOLID PLANTING SCREEN WALLS
Definitions. The following basic types are hereby established and are to be used as the basis for screening requirements as established for the uses herein described.
A berm screen constructed of earthen materials may not exceed a slope steeper than 3:1. A berm shall be so designed that drainage from said slope shall be directed away from paved areas and sidewalks and shall have sod and be landscaped as necessary to provide soil stabilization. Additional plantings shall be added to provide an effective screen at least six (6) feet in height within three (3) growing seasons after installation.
An open weave or mesh type fence, constructed of wood or other approved material, shall be combined with plant materials to form an effective opaque screen not less than six (6) feet in height within three (3) growing seasons after installation.
A solid fence screen shall be not less than six (6) feet in height and shall be constructed of wood, vinyl or other approved materials and shall form an effective opaque screen.
A planting screen shall consist of compact evergreen plants or other suitable plants. They shall be of a kind or used in such a manner, so as to provide an effective screen at least six (6) feet in height within three (3) growing seasons after initial installation. A planting screen intended for parking lot screenings shall have a minimum height of three (3) feet within three (3) growing seasons.
A wall screen shall consist of stone, brick, tile or similar type of approved masonry material and shall form an effective opaque screen not less than six (6) feet in height. A concrete wall may only be constructed when the concrete wall will be stucco finished, painted or textured finished as part of the wall. The wall of a building is encouraged to be used and may count toward the barrier required for screening. These wall requirements shall also apply to retaining walls three (3) feet and greater in height.
B.
Special Screening Applications.
1.
Outside storage areas, when permitted as a principal or accessory use in any commercial or industrial district, shall be permanently screened to a height of six (6) feet and one hundred percent (100%) capacity with a masonry, wood, vinyl or similar material fence as follows:
2.
Installation and maintenance of landscape and screen materials.
a.
Installation. All landscaping shall be installed in a healthy condition and according to accepted planting procedures. Trees harvested from woods and/or fence rows shall be prohibited.
b.
Maintenance. The property owner shall be responsible for maintaining all landscaping in good condition so as to present a healthy, neat and orderly appearance and kept free from refuse and debris. If replacement is necessary, all plants and other non-living landscape materials shall be equal in size, density and appearance as originally required at the time the landscaping plan was approved.
c.
Plant material.
(1)
Trees shall provide a caliper measurement between one and one-half (1½) and two and one-half (2½) inches measured six (6) inches above ground level at the time of planting.
(2)
Evergreens shall be a minimum of five (5) feet in height at the time of planting.
(3)
Shrubs and hedges shall be three (3) to five (5) gallons in size, depending upon species and spacing. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen after three (3) growing seasons from the time of planting.
(4)
Vines shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.
(5)
Ground covers used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and complete coverage after three (3) growing seasons from the time of planting.
(6)
All plant material used shall conform to the approved list of plant material, which may be amended from time to time and is maintained by the City.
d.
Where necessary in order to interpret the precise meaning of technical landscaping terms, reference shall be had to The American Standard for Nursery Stock published by the American Association for Nurserymen.
Section 400.1100 Screening of Rooftop Mechanical Equipment.
[Ord. No. 111808 §1(400-800.9), 11-18-2008]
A.
All mechanical equipment shall be screened from street frontage view with materials that are architecturally compatible with the primary building facades. Screening shall be provided by the roof structure or by other architectural elements.
B.
Rooftop equipment may also be screened by a smaller accent roof or enclosure. If this structure is set back from the primary facade a distance equal to its height, this structure may exceed the building height limit.
Section 400.1110 Modification of Design Standards.
[Ord. No. 111808 §1(400-800.10), 11-18-2008]
The City Planner may approve a modification of these design standards upon finding that extraordinary hardships may result from the strict compliance with this Chapter, provided that such modification will not have the effect of nullifying the policies of the Comprehensive Plan or the purposes and intent of this Article. An application for modification shall set forth in writing the design standards proposed to be modified, justification for the modification and include the required application fee.
Section 400.1130 Purpose.
[Ord. No. 111808 §1(400-801), 11-18-2008; Ord. No. 05022016 § IV, 5-2-2016]
The purpose of establishing and applying environmental performance standards in the "C-1" General Business, "C-2" Central Business, "I-1" Light Industrial and "I-2" Heavy Industrial Districts (hereinafter referred to as the "districts") is to allow potential environmental nuisances to be measured factually and objectively and thus to ensure uses in the district will not cause hazards and nuisances to the adjacent areas by processes of control and nuisance elimination.
Section 400.1140 Application of Standards.
[Ord. No. 111808 §1(400-801.1), 11-18-2008]
After the effective date of this code, any uses established in these districts shall comply with all environmental performance standards. If any existing uses are extended, enlarged, moved, structurally altered or reconstructed, these standards shall apply with respect to such extended, enlarged, moved, structurally altered or reconstructed uses.
Section 400.1150 Administration of Standards.
[Ord. No. 111808 §1(400-801.2), 11-18-2008]
A.
The City Planner shall have the overall responsibility in enforcing all environmental performance standards herein set forth, including periodic conformance check of the uses, acting upon complaints and making a determination as to compliance or non-compliance with such standards within these districts.
B.
Within thirty (30) days following a periodic performance check or receipt of the reports of expert consultants, the City Planner shall make a determination as to compliance or non-compliance with the performance standards. If the uses are found to be in non-compliance, the City Planner shall give written notice to the owner of said uses of such determination.
C.
Within sixty (60) days following receipt of the City Planner's written notice, the owner of said uses shall take necessary steps, such as modification or alterations in the existing construction or the operational procedures, to bring the uses into compliance with the performance standards. However, the City Planner may grant an extension of time, if such extension is warranted in the circumstances of the case and if such extension will not cause eminent peril to life, health or property.
Section 400.1160 Performance Standards For Noise.
[Ord. No. 111808 §1(400-801.3), 11-18-2008]
A.
No person shall operate, cause to operate or allow to operate any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following Table. All measurements shall be taken at or within the property boundary of the receiving land use with a sound level meter which meets the specifications of the American National Standards Institute for a Type II general purpose sound level meter, its equivalent or better. The A-weighted, slow response shall be used.
B.
The following uses and activities shall be exempt from the above noise level regulations:
1.
Noises not directly under the control of the property owner;
2.
Noises emanating from construction and maintenance activities between 7:00 A.M. and 8:00 P.M. during the week and between 9:00 A.M. and 6:00 P.M. during the weekend; and
3.
The noises of safety signals, warning devices and emergency pressure relief valves.
Sound Levels by Receiving Land Use | |||
|---|---|---|---|
Receiving Land Use Category | Time Period | Maximum One Hour Leq (dB) | |
Residential | 7:00 A.M. to 10:00 P.M. | 65 | |
10:00 P.M. to 7:00 A.M. | 55 | ||
Commercial/business | At all times | 70 | |
Industry/manufacturing | At all times | 75 | |
C.
Definition Of Equivalent A-Weighted Sound Level (Leq). The constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. It is the average sound level and it accurately portrays the sound the human ear actually hears.
D.
When required by the City Planner, a noise study shall be provided that demonstrates compliance with this Section.
Section 400.1170 Performance Standards For Outdoor Nighttime Lighting.
[Ord. No. 111808 §1(400-801.4), 11-18-2008]
A.
Lighting in areas such as parking lots, outdoor storage facilities and the general landscape shall be conducted so that the light source is directed away from residential use areas and public streets or shall be controlled so that the candlepower per one thousand (1,000) lamp lumens does not numerically exceed fifty (50) lamp lumens, or five percent (5%), above vertical angle at seventy-eight degrees (78°) above nadir or emit more than five hundred (500) foot-lamberts per unit projected surface area of the luminaire above seventy-eight (78) vertical angle.
B.
Luminous element signs shall not exceed three hundred (300) foot-lamberts. Luminous building fronts on facades shall not exceed one hundred (100) foot-lamberts in average surface luminance. Flood lighted signs shall not exceed seventy-five (75) foot-lamberts in average surface luminance. Exposed lamp signs and luminous tube signs shall not exceed four hundred (400) foot-lamberts in average surface luminance.
C.
If street and walkways used by the public for nighttime transit are lighted, they shall be lighted in conformance with City standards for residential street lighting.
D.
Illumination contributable to any outdoor lighting shall be conducted in such a manner that direct or indirect illumination from the source shall not exceed one-half (½) horizontal foot-candle at the property boundary line of these districts if they abut a residential district.
E.
Illumination (foot-candles) and luminance (foot-lamberts) measurements shall be made with a cosine corrected photoelectric photometer having a spectral response corrected to the luminous efficiency curve established by the International Commission on Illumination. The meter shall be calibrated in accordance with the manufacturer's specifications and shall be operated according to the manufacturer's directions. Luminance meters shall be operated at an aperture setting of two degrees (2°) in diameter.
F.
When required by the City Planner, a photometric study shall be provided that demonstrates compliance with this Section.
Section 400.1180 Performance Standards For Heat.
[Ord. No. 111808 §1(400-801.5), 11-18-2008]
Any operation producing intense heat shall be conducted within an enclosed building or with other effective screening in such a manner as to be completely imperceptible from any point along or outside the lot lines.
Section 400.1190 Performance Standards For Air Pollution.
[Ord. No. 111808 §1(400-801.6), 11-18-2008]
The emission or escape into the open air from any source or sources whatsoever of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors or any other substances or combinations of substances, in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of the public or is unreasonably offensive and objectionable to the public or shall cause unreasonable injury or damage to property or interfere with the comfortable enjoyment of property or normal conduct of business, is hereby declared to be a public nuisance. It shall be unlawful for any person to cause, permit or maintain any such public nuisance.
Section 400.1200 Additional Requirements.
[Ord. No. 111808 §1(400-802), 11-18-2008]
A.
Any use permitted in "O-C," "C-1," "C-2," "C-P," "I-1" or "I-2" shall be subject to such controls as may be imposed by the Board if such uses are or become noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, glare or heat perceptible at the property lines.
[Ord. No. 07012013A, 7-1-2013]
B.
With the exception of the "I-1" and "I-2" Districts, inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises.
Section 400.1210 Group Homes.
[Ord. No. 111808 §1(400-803), 11-18-2008]
A.
Group homes may be located in any residential district pursuant to the following requirements:
1.
A certificate of zoning compliance and certificate of occupancy shall be obtained prior to commencement of the use;
2.
The exterior appearance of the home and property shall be maintained in reasonable conformance with the general standards of the neighborhood area; and
3.
No group home shall be located closer than one thousand (1,000) feet to another group home.
Section 400.1220 Generally.
[Ord. No. 111808 §1(400-804), 11-18-2008]
Based upon the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunication services. This Division is intended to regulate towers, telecommunications facilities and antennas in the City in conformance with the Act without prohibiting or tending to prohibit any person from providing wireless telecommunication service.
Section 400.1230 Definitions.
[Ord. No. 111808 §1(400-804.1), 11-18-2008]
All terms in this Division, which are not specifically defined herein, shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the rules and regulations of the Federal Communications Commission (FCC). As used in this Division, the following terms shall have the following meanings:
American National Standards Institute.
Any exterior transmitting, reception or receiving device mounted on a tower, building or freestanding structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.
A grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single wireless telecommunication provider.
Any building or structure other than a tower which can be used for location of telecommunications facilities.
Federal Aviation Administration.
Federal Communications Commission.
An antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.
Any telecommunications facility, tower or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to look other than a tower, such as light poles, power poles and trees.
Support buildings, boxes, cabinets or similar structures containing electrical or mechanical equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.
Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. The term also includes radio and television transmission towers, microwave towers, cellular telephone towers, alternative tower structures and other similar structures. The term includes the structure and any support thereto.
The distance measured from the grade level at the base of the tower to the highest point on the tower, including any antenna mounted on the tower.
Section 400.1240 Applicability.
[Ord. No. 111808 §1(400-804.2), 11-18-2008]
A.
Wireless telecommunication towers and antennas shall be regulated pursuant to this Division and not regulated as an essential service, public utility or private utility.
B.
Exceptions. This Division shall apply to all towers and antennas except the following:
1.
Individually owned residential receive-only antennas.
2.
Satellite receiving dishes not larger than five (5) feet in diameter (see accessory structures).
3.
Existing or new public safety structures necessary for broadcast of emergency communications or warning sirens operated by governmental subdivisions.
Section 400.1250 Towers.
[Ord. No. 111808 §1(400-804.3), 11-18-2008]
A.
No tower or associated support facilities shall be constructed, except in conformance with this Division.
B.
Applicants proposing to construct a tower higher than allowed herein may apply for a height variance to be approved by the Zoning Board of Adjustment.
C.
Guy wires and other support facilities shall conform to the setback requirements for the underlying zoning district.
D.
Towers are prohibited within historic districts and within one thousand (1,000) feet of a historic district.
Section 400.1260 Construction Standards.
[Ord. No. 111808 §1(400-804.4), 11-18-2008]
A.
Towers shall be permitted conditional uses of land in only those zoning districts where specifically listed and authorized in this regulation.
B.
No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning jurisdiction of the City prior to approval of its application for a tower development permit by the Board of Aldermen and issuance of the permit by the City. Applicants shall submit their application for a tower development permit to the City Planner and shall pay the appropriate filing fee.
C.
All towers, telecommunications facilities and antennas on which construction has commenced within the zoning jurisdiction of the City after the effective date of this regulation shall conform to the Building Codes and all other construction standards set forth by the City, County, Federal and State law and applicable ANSI standards. Upon completion of construction of a tower and prior to the commencement of use, an engineer's certification that the tower is structurally sound and in conformance with all of the aforementioned applicable regulatory standards shall be filed with the City Planner.
Section 400.1270 Tower Development Permit Application.
[Ord. No. 111808 §1(400-804.5), 11-18-2008]
A.
Prior to commencement of development or construction of a tower, an application and required application fee shall be submitted to the City Planner for a tower development permit and shall include the following:
1.
Name, address and telephone number of the owner and, if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower. The application shall be executed by all applicants.
2.
The legal description and address of the tract of land on which the tower is to be located, as well as an analysis of the area, including topographic data and any existing or proposed easements.
3.
The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a one (1) mile radius of the proposed tower, including publicly and privately owned towers and structures.
4.
An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to obtain permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna support or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure.
5.
Written technical evidence from an engineer that the proposed tower and foundation will meet the established Building Code and all other applicable construction standards of the City, as well as Federal and State and ANSI standards.
6.
Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residentially used and/or zoned property and nearest roadway, street or highway.
7.
Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna, manufacturer's literature, appurtenances such as buildings, driveways, parking areas and fences or other security enclosures with significant detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.
8.
A performance bond in the amount of fifty thousand dollars ($50,000.00) for the removal and disposal of the tower.
Section 400.1280 Antennas.
[Ord. No. 111808 §1(400-804.6), 11-18-2008]
A.
Antennas and their essential support facilities shall be allowed as a permitted use in any zoning district subject to the following:
1.
A simple site plan shall be submitted for each antenna or antenna array providing the following information:
2.
Mounting location of proposed antenna or antenna array on host structure.
3.
Description of antenna or antenna array height and width, including a photo (if available) or other visual representation.
4.
Proof of ownership of the proposed site or authorization to utilize it.
5.
The antenna does not extend more than thirty (30) feet above the highest point of the host structure.
6.
Antennas may be mounted on non-residential structures including, but not limited to, existing towers, traffic signals, street lights, water towers, billboards, telephone tower and emergency signal poles, bridges and parking deck structures.
7.
Antennas or antenna arrays shall comply with the maximum height requirement of the zoning district in which they are located. Applicants proposing an antenna higher than allowed by the zoning district in which it will be located may apply for a variance to the Zoning Board of Adjustment.
8.
No antenna or antenna array may, by virtue of this Section, occupy, encroach or "overhang" any public right-of-way without the expressed approval of the City.
9.
Each antenna installation shall require a separate building permit.
Section 400.1290 Setback and Buffer Requirements.
[Ord. No. 111808 §1(400-804.7), 11-18-2008]
A.
All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back an additional one (1) foot for each one (1) foot of tower height in excess of fifty (50) feet. The height of the tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located.
B.
Towers exceeding one hundred (100) feet in height may not be located in any residentially zoned district and must be separated from all residentially zoned districts and occupied structures, other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater.
C.
Towers one hundred (100) feet or less in height may be located in residentially zoned districts, provided said tower is separated from any residential structure, school, church and/or occupied structures, other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of the tower.
D.
Towers must meet the following minimum separation requirements from other towers:
1.
Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice or guyed, by a minimum of seven hundred fifty (750) feet.
2.
Self-supporting lattice or guyed towers shall be separated from all other self-supporting lattice or guyed towers by a minimum of one thousand five hundred (1,500) feet.
Section 400.1300 Structural Standards.
[Ord. No. 111808 §1(400-804.8), 11-18-2008]
The Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 202-E-1991) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified or amended by regulation and set forth in this code.
Section 400.1310 Illumination.
[Ord. No. 111808 §1(400-804.9), 11-18-2008]
Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential uses/zoned properties within a distance of three hundred percent (300%) of the height of the tower, any tower subject to this Division shall be equipped with dual mode lighting.
Section 400.1320 Security Fencing.
[Ord. No. 111808 §1(400-804.10), 11-18-2008]
All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude, to the extent practical, unauthorized climbing of said structure.
Section 400.1330 Exterior Finish.
[Ord. No. 111808 §1(400-804.11), 11-18-2008]
Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the Board of Aldermen as part of the application approval process. All towers shall be stealth design unless stealth features are impractical or the cost of such features represents an undue burden on the applicant.
Section 400.1340 Landscaping.
[Ord. No. 111808 §1(400-804.12), 11-18-2008]
A.
All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the City, including:
1.
Support facilities and tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any support facilities from adjacent property or street. The plantings installed shall be of a size and species that can achieve a height of six (6) feet and seventy-five percent (75%) opacity within three (3) growing seasons.
2.
In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement may be reduced or waived by the City Planner.
3.
Existing mature tree growth and natural land forms on the property shall be preserved to the maximum extent possible. Natural growth around the property perimeter may be considered a sufficient buffer for a proposed tower and support facilities as determined by the City Planner.
Section 400.1350 Maintenance, Repair and Modification.
[Ord. No. 111808 §1(400-804.13), 11-18-2008]
A.
All towers constructed or under construction on the date of approval of this regulation may continue in existence as a non-conforming structure and may be maintained or repaired without complying with any of the requirements of this Division. Non-conforming structures or uses may not be enlarged or the degree of non-conformance increased without complying with this Division, including applying for and obtaining a tower development permit. Any modification or reconstruction of a tower constructed or under construction on the date of approval of this regulation shall be required to comply with the requirements of this Division including applying for and obtaining a tower development permit. Said application shall describe and specify all items which do not comply with this Division and may request, subject to final review and approval of the Zoning Board of Adjustment, an exemption from compliance as a condition of the tower development permit.
B.
Towers, antenna support structures, telecommunications facilities and antennas constructed under authority of this Division shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public.
Section 400.1360 Inspections.
[Ord. No. 111808 §1(400-804.14), 11-18-2008]
The City reserves the right to conduct inspection of towers, antenna support structures, telecommunications facilities and antenna upon reasonable notice to the tower owner or operator to determine compliance with this Division and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the City's Building Codes and any other construction standards set forth by the City, Federal and State law or applicable ANSI standards. Inspections shall be made by either an employee of the City or a duly appointed independent representative of the City.
Section 400.1370 Support Facilities.
[Ord. No. 111808 §1(400-804.15), 11-18-2008]
A.
Support facilities shall be of a color and construction that is compatible with surrounding development.
B.
Support facilities shall not be more than four hundred (400) square feet of gross floor area and more than twelve (12) feet in height.
C.
Setbacks for support facilities shall be the same as the setbacks required for other structures in the zoning district in which they are located.
Section 400.1380 Abandonment.
[Ord. No. 111808 §1(400-804.16), 11-18-2008]
A.
The operator of a tower shall provide the City with a copy of any notice submitted to the FCC stating their intent to cease operations. The operator shall have ninety (90) days from the last date of operations to remove the tower and support facilities.
B.
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove the same within ninety (90) days of notice from the City to remove the tower or antenna. A maximum of two (2) twelve (12) month extensions may be granted by the City Planner if the tower operator is actively seeking tenants for the tower.
C.
If the owner of a tower fails, after notice, to remove the tower, the City shall begin the civil citation process.
Section 400.1390 Non-Conforming Towers and Antennas.
[Ord. No. 111808 §1(400-804.17), 11-18-2008]
A.
Any existing tower or antenna which becomes non-conforming on the effective date hereof or becomes non-conforming at any future date shall be regulated according to the rules for non-conforming uses, except as follows:
1.
New antennas and support facilities may be mounted on a non-conforming tower.
2.
A non-conforming tower within one thousand (1,000) feet of an historic preservation district shall be considered a legal non-conforming tower. As such, the tower may remain until it has been abandoned.
3.
Should any lawful non-conforming tower be destroyed by any means to an extent of more than seventy-five percent (75%) of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this Division, provided that the destruction was caused by an accident or act of God occurring after the adoption of this Division and such reconstruction does not increase the degree of non-conformity that existed prior to destruction.
Section 400.1400 Tornado and Severe Wind Event Protection.
[Ord. No. 02032014 §1, 2-3-2014[1]]
A.
Purpose. In order to provide for the safety and welfare of the citizens of the community during severe windstorm events, a storm shelter, safe room, or community safe room shall be required in all Single-Family Dwelling Districts "R-1," Two-Family Dwelling Districts "R-2" and all Multiple-Family Dwelling Districts "R-3" and "R-4." Community storm shelters or safe rooms shall be located within one thousand (1,000) feet of all residential units to be served.
B. STORM SHELTER or SAFE ROOM
Definitions. As used in this Division, the following terms shall have the meanings indicated:
A reinforced area of a dwelling(s) designed to withstand severe windstorms and meeting the standards of the International Code Council/National Storm Shelter Association (ICC/NSSA 500:2008 Standard for the Design and Construction of Storm Shelters) or FEMA Publications 320 or 361.
C.
Construction of the storm shelter or safe room shall be as submitted to, and approved, by the City Building Official.
Section 400.1410 Exemptions From This Division.
[Ord. No. 02032014 §1, 2-3-2014]
A.
This Division does not apply to the repair, reconstruction, remodeling, or addition to existing structures unless the reconstruction or addition totals more than fifty percent (50%) of the current assessed value as determined by the Cass County Assessor.
B.
This Division is not applicable to new development of habitable structures that are constructed with a basement with walls that are a minimum of eight (8) feet deep and are located at least seventy-five percent (75%) below grade as measured by the surface area of the basement walls that are exposed above grade from the exterior of the habitable structure.
C.
This Division is not applicable to new development of habitable structures that are constructed within one thousand (1,000) feet of a community storm shelter or safe room which serves that residential unit(s).
Section 400.1420 Waiver of Division for Single-Family Dwelling.
[Ord. No. 02032014 §1, 2-3-2014]
The enforcement of this Division may be waived by the purchaser for which a single-family structure is being built or by the builder/developer of the single-family dwelling if no purchase contract exists. The waiver shall acknowledge that the City of Peculiar is in a high-risk zone for severe weather, including tornadoes, and request a waiver of this Division applicable to the construction of the structure. The waiver must be signed by the proposed purchaser or the builder/developer, as applicable, and must be presented to the City; a waiver by the purchaser shall include a copy of a fully executed construction contract signed by the proposed purchaser.
Section 400.1520 Generally.
[Ord. No. 111808 §1(400-806), 11-18-2008]
Every public utility, cable company, video service provider and other users of the City rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this Division regarding the placement of accessory utility facilities on public or private property. For purposes of this Division, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below-ground facilities, that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area and otherwise are customarily found in such areas.
Section 400.1530 Approval, Design, Location, Application.
[Ord. No. 111808 §1(400-806.1), 11-18-2008]
A.
The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this code and subject to reasonable application fees and permit conditions as may be necessary to meet the requirements of this code.
B.
In considering individual or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sightlines or degrade the aesthetics of the property values or significant sightlines or degrade the aesthetics of the adjoining properties or neighborhood and taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein.
C.
Unless otherwise prohibited, utility facilities subject to this Division may be located in minimum setback areas provided that all other requirements are met.
D.
To the extent permitted by law, the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.
Section 400.1540 General Regulations.
[Ord. No. 111808 §1(400-806.2), 11-18-2008]
A.
The following general regulations apply to all accessory utility facilities:
1.
All such facilities shall be placed underground, except as otherwise provided herein or as approved by special use permit.
2.
All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.
3.
All facilities and utility boxes shall be deemed abandoned after six (6) continuous months of non-use and shall therefore be removed within thirty (30) days thereafter at the cost of the utility.
4.
Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to forty-five (45) feet in height where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.
5.
Utility facilities placed in designated historic areas may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.
6.
Any damage to landscaping or vegetation on private or public property during installation or maintenance of facilities shall be promptly remedied by the facility owner.
7.
At least forty-eight (48) hours prior to any installation, replacement or expansion of any facility located on private property, the facility owner shall provide notice to all property owners within one hundred eighty-five (185) feet from the site. Notice shall include detailed description of work to be done, the exact location of work and the time and duration when it will be undertaken.
8.
No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
9.
All utility facilities not authorized by this Division or specifically addressed elsewhere in this code shall be authorized only as a special use permit.
Section 400.1550 Standards For Residential Districts.
[Ord. No. 111808 §1(400-806.3), 11-18-2008]
In residential districts, accessory utility facilities less than forty-two (42) inches in height and covering less than eight (8) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by special use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.
Section 400.1560 Standards For Non-Residential Districts.
[Ord. No. 111808 §1(400-806.4), 11-18-2008]
In non-residential districts, accessory utility facilities with a height of less than five (5) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by special use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.
Section 400.1570 Landscape Screening.
[Ord. No. 111808 §1(400-806.5), 11-18-2008]
A sightproof landscape screen shall be provided for all authorized above ground facilities taller than three (3) feet in height or covering in excess of four (4) square feet in area. Such screen shall be required to sufficiently conceal the facility. A landscaping plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the City prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, maintenance, repair or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from any public property or more than two (2) residential dwelling units.
Section 400.1580 Compliance With Other Laws.
[Ord. No. 111808 §1(400-806.6), 11-18-2008]
All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the Peculiar Municipal Code including, but not limited to, Building Codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Division shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.
Section 400.1590 Floodplain Preservation.
[Ord. No. 111808 §1(400-807), 11-18-2008]
All development within the City of Peculiar shall conform to the floodplain management requirements in Chapter 410 of the Peculiar Municipal Code.
Section 400.1600 Purpose.
[Ord. No. 111808 §1(400-808), 11-18-2008]
A.
These stream buffer setback regulations are intended to protect and maintain the native vegetation along all streams within the City of Peculiar. The purpose of this Division is to:
1.
Establish minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of Peculiar.
2.
Protect the water quality of watercourses, reservoirs, lakes and other significant water resources within Peculiar.
3.
Protect Peculiar's riparian and aquatic ecosystems and to provide for the environmentally sound use of Peculiar's land resources.
Section 400.1610 Structure Setback Requirements.
[Ord. No. 111808 §1(400-808.1), 11-18-2008]
A.
No structure shall be constructed within fifty (50) feet of the stream bank or in no case within one hundred (100) feet of the centerline of an active stream.
B.
The rear yard of a single-family residential use may extend into the Secondary Streamside Zone (Zone 2); provided however, that the rear of the actual residential structure may not be located nearer than twenty (20) feet to the outer edge of Zone 2 and no ancillary structure may be located in Zone 2 and, further, that any development satisfies the open space and setback requirements of this code.
Section 400.1620 Drainage Construction.
[Ord. No. 111808 §1(400-808.2), 11-18-2008]
Stormwater drainage construction may occur within the one hundred (100) foot setback requirement, if approved by the City Engineer.
Section 400.1630 Water Pollution Hazards.
[Ord. No. 111808 §1(400-808.3), 11-18-2008]
A.
The following land uses and/or activities are hereby designated as potential water pollution hazards and shall be set back from any active stream channel or water body by the distance indicated below:
1.
Storage of hazardous substances: one hundred fifty (150) feet.
2.
Above or below ground petroleum storage facilities: one hundred fifty (150) feet.
3.
Drain fields from on-site sewage disposal and treatment systems-septic systems: one hundred (100) feet.
4.
Raised septic systems: two hundred fifty (250) feet or at least two (2) feet above the 100-year flood level with two (2) more feet freeboard.
5.
Solid waste landfills or junk yards: three hundred (300) feet.
6.
Subsurface discharges from a wastewater treatment plant: one hundred (100) feet.
Section 400.1640 Zone 1 - Streamside Zone.
[Ord. No. 111808 §1(400-808.4), 11-18-2008]
A.
Active Channel. The area of the stream that lies between the ordinary high water marks established on each side.
B.
Ordinary High Water Mark. The line on the shore established by the fluctuation of water indicated by a physical characteristic such as a clear natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, presence of litter or debris or other appropriate means.
C.
Stream. A body of running water moving over the earth's surface in a channel or bed, such as a creek, rivulet or river that flows at least part of the year. Streams are dynamic in nature and their structure is maintained through build up and loss of sediment. Streams are typically formed by natural forces but also include drainageways, outside of street right-of-way, which were formed by man in the past. Storm sewer systems and roadside ditches in street rights-of-way are not considered streams.
D.
Stream Corridor. A stream and the adjacent land that is set aside in conformance to this Chapter and which is substantially preserved in a natural state.
E.
The function of the streamside zone is to protect the physical and ecological integrity of the stream ecosystem.
F.
The streamside zone will begin at the stream bank of the active channel and extend a minimum of fifty (50) feet from the high bank of any stream or body of water.
Section 400.1650 Zone 2 - Secondary Streamside Zone.
[Ord. No. 111808 §1(400-808.5), 11-18-2008]
A.
The function of the secondary streamside zone is to protect key components of the stream and to provide a distance between development and the streamside zone.
B.
The secondary streamside zone will begin at the outer edge of the streamside zone (Zone 1) and extended a minimum of fifty (50) feet.
Section 400.1660 Title Requirements Prior To Building Permit.
[Ord. No. 111808 §1(400-808.6), 11-18-2008]
A.
The owner of any property located within a protected stream buffer setback area, prior to the approval of a building permit covering property containing a protected stream buffer setback area shall record a notice of presence for each protected stream buffer setback area with the Cass County Register of Deeds. This recording shall contain notice of the protected stream buffer setback area, the application of this Division to the property and the limitations on actions in or affecting such protected stream buffer setback area. The applicant must submit proof that the notice has been legally recorded before the final approval for a building permit is issued. The notice shall run with the land and failure to provide this notice to any purchaser prior to transferring any interest in the property shall be a violation of this Division.
B.
The notice shall contain the following information:
1.
Legal description of the property.
2.
Name of present property owner(s).
3.
"Notice: This property lies within a protected stream buffer setback area as defined and regulated by the City of Peculiar, Missouri. There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Peculiar."
4.
Signature of current property owner(s).
5.
The notice shall be notarized.
Section 400.1670 Plat Requirements.
[Ord. No. 111808 §1(400-808.7), 11-18-2008]
All plats containing active stream channels shall indicate Zone 1 and Zone 2 and provide a note stating, "This site lies within a protected stream buffer setback area as defined and regulated by the City of Peculiar, Missouri. There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Peculiar."
Section 400.1680 Maintenance of The Stream Corridor.
[Ord. No. 111808 §1(400-808.8), 11-18-2008]
A.
Allowed maintenance (as approved and specified in the maintenance agreement):
1.
Removal of dead trees/brush and trash.
2.
Removal of debris that could cause flooding.
3.
Selective tree trimming or tree removal to mitigate safety hazards or that could cause flooding.
4.
Selective (spot) chemical spraying for noxious weeds.
5.
Periodic mowing or other management practices shown to enhance natural conditions.
6.
Maintenance of all City-approved improvements.
7.
Maintenance of City-approved bank stabilization measures.
Section 400.1690 Stream Corridor Boundary Identification.
[Ord. No. 111808 §1(400-808.9), 11-18-2008]
Permanent boundary markers, in the form of signage approved by the City Planner, shall be installed prior to final approval of the required clearing and grading plan or certificate of occupancy. Signs shall be placed at the edge of Zone 2.
Section 400.1700 Violation.
[Ord. No. 111808 §1(400-808.10), 11-18-2008]
Any violator of this Division shall receive written notice of the violation and given a specific length of time to remedy the problems. Failure to do so will constitute a misdemeanor with a minimum penalty of two hundred fifty dollars ($250.00) per incident or the actual cost of cleanup, whichever is greater.
Section 400.1710 Sump Pump Discharges.
[Ord. No. 111808 §1(400-809), 11-18-2008]
Except as expressly authorized elsewhere, sump pump discharges shall not be discharged into the sanitary sewer system and shall be designed so as to avoid the concentration of water in ponds or low lying areas and to avoid the trespass of drainage across lot lines and onto adjacent lots.