Pleasant Valley City Zoning Code
SECTION 400
265 Conditional Use Permits.
[Ord. No. 3256, 5-15-2017]
A.
Statement Of Intent. The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as conditional uses. These uses may be approved at a particular location because of factors or reasons not applicable to the zoning district as a whole. Conditional uses may have a unique impact on the adjoining uses of land, and are therefore subject to individualized considerations as to location and conditions of use to protect and promote the basic purposes of this Chapter. A conditional use permit is issued by the Governing Body following the procedures set forth in Chapter 400.
B.
When Conditional Use Permit Required.
1.
Conditional uses:
a.
Uses for which a conditional use permit is required are listed within this Section and noted as "conditional uses."
b.
Uses not designated.
c.
Uses not specifically set forth as "permitted uses," "prohibited uses" or as "uses subject to conditions" elsewhere in this Chapter shall be deemed to be "conditional uses" unless otherwise determined. The Planning and Zoning Commission and Governing Body may consider granting a conditional use permit for such uses in accordance with the requirements of Chapter 400.
C.
Conditional Use Permit; Application — Contents And Submission Requirements.
1.
The following items shall be submitted in support of an application for a conditional use permit:
c.
A comprehensive narrative description of the use sought, both as to function and operation, and as to structures, installations, equipment or surface improvements, changes or other requirements incidental to such use.
d.
The length of term of the use after the date of issuance of the permit.
e.
Conditional conditions relating to the operation of the proposed use(s), site development and other pertinent descriptive factors.
f.
A list of all land owners names and addresses within one hundred eighty-five (185) feet of the proposed conditional use.
D.
Consideration Of Conditional Use Permit Applications.
1.
Public Hearing Required. Consideration of all applications for conditional use permit shall require a public hearing before the Planning and Zoning Commission, with publication notice and notice to surrounding property owners as required by Chapter 400.
E.
Standards For Approval.
1.
Conditional uses may be approved by action of the Governing Body after recommendation from the Planning and Zoning Commission using the procedures set forth in Chapter 400. Conditional uses may be approved with conditions, including, but not limited to, requirements for conditional yards, open spaces, buffers, fences, walls, and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site, and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual conditional use and other conditions deemed necessary to insure compatibility with surrounding land uses.
2.
In considering any application for a conditional use permit, the Planning and Zoning Commission and Governing Body may give consideration to the criteria listed below, to the extent they are pertinent to the particular application.
a.
Character of the neighborhood.
b.
Compatibility with adjacent property uses and zoning.
c.
Suitability of the property for which the conditional use is being requested.
d.
Extent to which the proposed use will negatively impact the aesthetics of the property and adjoining properties.
e.
Extent to which the proposed use will injure the appropriate use of, or detrimentally affect, neighboring property.
f.
Impact on the street system to handle traffic and/or parking.
g.
Impact of additional storm water runoff to the existing system or to the water shed area if no storm sewer is available.
h.
Impact of noise pollution or other environmental harm.
i.
Potential negative impact on neighborhood property values.
j.
Extent to which there is need of the proposed use in the community.
k.
Economic impact upon the community.
l.
Extent to which public facilities and services are available and adequate to satisfy the demand generated by the proposed use.
m.
Comparison of the benefit gained to the public health, safety and welfare of the community if approved versus the hardship imposed upon the landowner if the requested application is denied.
n.
Conformance to the zoning regulations, and current City policies and ordinances.
o.
Recommendation of professional staff.
p.
Consistency with permitted uses in the area in which the conditional use is sought.
F.
Conditional Use Permits — Transferability, Lapse, Expiration, Revocation And Renewal.
1.
Transferability.
a.
A conditional use permit may be conveyed with the land only if the transferrer has obtained a building permit for one (1) or more structures authorized by the conditional use permit and construction of at least ten percent (10%) of the project has been completed in terms of the total expected cost of the project. The transfer of a permit in which these conditions have not been satisfied shall be invalid. Nothing in this Article shall be construed to alter the expiration date of permits or the authority of the Governing Body to revoke a permit.
b.
A permit cannot be assigned or transferred to a different parcel of land.
c.
Every entity attempting to convey a conditional use permit shall give notice in writing to the Zoning Administrator within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.
2.
Lapse.
a.
Unless a building permit for one (1) or more structures authorized by the conditional use permit has been obtained and at least ten percent (10%) of the total expected cost of the project has been expended, the conditional use permit shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two (2) years of the date of approval by the Governing Body. Upon the written request of the property owner and for good cause shown, the Zoning Administrator may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
3.
Expiration.
a.
A conditional use permit shall be valid for a specific period of time if so stated in the permit. A permit may be renewed upon application to the Governing Body, subject to the same procedures, standards, and conditions as an original application.
4.
Revocation Procedure.
a.
Grounds Of Revocation. Any conditional use permit granted by the Governing Body in accordance with this Chapter is subject to revocation for any or all of the following reasons:
(1)
Non-compliance with all the conditions of approval established in the ordinance granting such conditional use permit;
(2)
A change from the original use or the intensity of the original use for which the permit was issued;
(3)
Expiration of the conditional use permit;
(4)
Violation of any provisions of this Chapter; or
(5)
Violation of any provisions of the Code of Ordinances pertaining to the use of land, construction or uses of buildings or structures, or activities conducted on the premises by the permit holder, agents of the permit holder or tenants and is declared to be a nuisance to the neighborhood in which located.
5.
Procedure For Revocation.
a.
Revocation proceedings may be initiated by the Zoning Administrator or his or her designee.
b.
Notice of intent to revoke shall be mailed to the permit holder's last known address stating the grounds for the intended revocation, and the date, time and place of the hearing.
c.
The matter will then be placed on a designated Planning and Zoning Commission agenda for hearing, which may be continued for good cause shown.
d.
The matter will then be forwarded to the Board of Aldermen with the Planning and Zoning Commission's findings and recommendation.
e.
The Board of Aldermen will consider the findings and recommendation of the Planning and Zoning Commission in rendering their final decision.
f.
No conditional use permit shall be revoked unless a majority of the Board of Aldermen is satisfied by a preponderance of evidence that grounds for revocation exist.
6.
Renewal.
a.
A conditional use permit may be renewed using the same procedure as was used for the original approval set forth in this Section. The Governing Body may grant a renewal containing modifications, but only for existing conditions, without the submission of a preliminary development plan.
G.
Right To Continue.
1.
The issuance of a conditional use permit gives no vested rights to the permit holder.
2.
The rights conferred by the authorization of a conditional use under this Section shall not become effective until the project is constructed and the use actually started.
3.
A right to continue a conditionally permitted use shall only exist provided all conditions of the conditional use permit and all other City ordinances have been met and continue to be met, and until duly revoked under this Section.
4.
The right to continue a conditional use authorized under this Section shall last only as long as specified by the conditional use permit.
H.
Conditional Uses.
1.
The following uses may be permitted in any zoning district after study and recommendations by the Planning and Zoning Commission as to operation, time limit and other safeguards as the Commission may deem necessary to protect the appropriate use of neighboring property, and to carry out the general intent and purpose of this Chapter, and after public hearing. If the Commission finds that such use would be in violation of the general intent and purpose of this Chapter, or would seriously impair the appropriate use of neighboring property, then such use shall not be permitted. If the Planning and Zoning Commission, after study, deems the proposed use to be in accordance with the above conditions, it shall request the Board of Aldermen to issue a permit, such permit to set out any conditions, regulations or time limit as the Board deems necessary.
2.
Such use shall comply with the height and area regulations of the district in which it is located, unless waived by the Planning and Zoning Commission.
b.
Golf Driving Ranges And Miniature Outdoor.
c.
Group Homes. Group homes provided that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Provided further, that no group home shall be located within two thousand five hundred (2,500) feet of any other group home.
d.
Gun Club, Skeet Or Trap Shoot, And Outdoor Target Or Archery Range. A gun club, skeet or trap shoot, and outdoor target or archery range shall be subject to the following conditions and restrictions:
(1)
Being located on a site of at least two (2) acres.
(2)
A two-year time limit renewable by the Governing Body after a public hearing.
(3)
Must be able to demonstrate that all measures have been or will be taken to minimize any risk to adjoining properties stemming from the activities associated with the use of guns and/or archery equipment.
e.
Hospital, Substance Abuse Treatment Facility Or Mental Health Facility. A hospital, substance abuse treatment facility or mental health facility shall be subject to the following conditions and restrictions:
f.
Recreational Facility. An outdoor recreation facility or area such as an amusement park, a baseball or an athletic field, circus, carnival, a race track or fairground with incidental concession facilities, picnic grounds, fishing, swimming and other types of recreation facilities shall be subject to the following conditions and restrictions:
(1)
The facilities and grounds shall be a sufficient distance from any area zoned or used for residential purposes so that noise, traffic generation and other effects will not adversely impact the residential development.
(2)
Where the property adjoins an area zoned or used for residential purposes, no building or facility shall be nearer than one hundred (100) feet and no driveway or parking area shall be nearer than fifty (50) feet of such boundary unless topography or other factors justify a lesser setback.
(3)
The design and layout of the facility shall be in a fashion that minimizes sound and light at the property line.
(4)
A sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) decibels as measured at such boundary.
(5)
Outdoor lighting shall be so designed that light sources are not visible from such boundaries and include shields or cutoffs at the light source to redirect light away from such boundaries.
(6)
Access to the property shall be directly from arterial streets, and traffic generation and other effects will be handled so as not to adversely affect adjoining property.
(7)
Landscaping, berming, or fencing shall be provided as required to minimize adverse effects and in accordance with the provisions of this Chapter.
(8)
A permit may be issued for a specified period as well as for an unlimited time. If the permit is for a specified period of time, the Governing Body may renew the permit upon expiration.
g.
Storage Facility. Locating and keeping of portable shipment, storage and construction trailers, on a permanent or temporary basis, are subject to approval of a site plan by the Planning and Zoning Commission after determination that density of population, effect of truck traffic and access from surrounding areas to the site, sanitary facilities, water run-off and parking facilities are satisfactory.
h.
Tourist Cabins Or Motels. Tourist Cabins or motels subject to approval of the site plan by the Planning and Zoning Commission after determination that density of population, sanitary facilities, and parking facilities are satisfactory.
i.
Utility Buildings. Buildings and premises for public utility services, or public service corporations, which buildings or uses the Planning and Zoning Commission deems reasonably necessary for public convenience or welfare.
j.
Telecommunications Towers/Antennas.
(1)
Purpose. The purpose of these standards is to establish general guidelines for the siting of communication towers, antenna structures and antennas for commercial wireless telecommunications.
(2)
Goals.
(a)
Encourage the location of towers, where necessary, in non-residential areas;
(b)
Encourage the joint use of new and existing telecommunication tower sites and other antenna structures;
(c)
Encourage telecommunication towers, other antenna structures, and antennas to be configured in a way that minimizes the adverse visual impact on the community;
(d)
Encourage users of communication towers, other antenna mounts, and antennas to configure them in a way that minimizes the adverse visual impact of those structures;
(e)
Enhance the ability of the City to ensure that wireless telecommunications services are provided to the community quickly, effectively, and efficiently;
(3)
Minimize the potential adverse effects associated with telecommunication towers through the implementation of reasonable design, landscaping, and construction practices; and
(a)
Conform to Federal and State laws that allow certain antennas to be exempt from local regulations.
(4) TELECOMMUNICATIONS TOWER
Definitions.
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 includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like. Terms associated with tower shall mean as follows:
ALTERNATIVE COMMUNICATION TOWER STRUCTURE — Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. |
ANTENNA — Any exterior apparatus or apparatuses designed for telephonic, radio, data, Internet, or television communications through the sending or receiving of electromagnetic waves including equipment attached to a tower or building for the purpose of providing personal wireless services including, for example, cellular, enhanced specialized mobile radio and personal communications services, telecommunications services, and its attendant base station. |
ANTENNA FOR NON-COMMERCIAL USE — Any antenna external to a building, including any supporting structure such as a tower, which is not hand-carried while in use and is used for: reception or electromagnetic signals, such as radio or television broadcasts or direct satellite television; or for transmission of electromagnetic signals by a licensed amateur radio operator or by means of an Earth-orbiting satellite communications device. |
ANTENNA, PANEL — An antenna or array of antennas that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also, referred to as directional antennas. |
ANTENNA SUPPORT STRUCTURE — Any mast, pole, tripod, tower or similar structure used to support an antenna. |
ANTENNA SYSTEM — The combination of an antenna and antenna support structure. |
ANTENNA SYSTEM HEIGHT — The overall vertical length of the antenna system above grade. If such system is located on a building, the overall height shall include the height of the building. |
ANTENNA TOWER — A structure designed and constructed to support one or more antennas used by commercial wireless telecommunication facilities and including all appurtenant devices attached to it. A tower can be free-standing (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), or either lattice or monopole construction. |
ANTENNA, WHIP — An antenna that transmits signals in 360°. They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omni-directional, pipe, or stick antenna. |
COAXIAL CABLE — A cable consisting of one (1) or more cylinders with a single wire running down the center of each cylinder. |
MAST — Any structure or part of an antenna that has vertical dimensions greater than five (5) times its horizontal dimension that supports or lends support to any part of an antenna. |
MICROWAVE — Electromagnetic radiation with frequencies higher than one thousand (1,000) MHz; highly directional signal used to transmit radio frequencies from point to point at a relatively low power level. |
MICROWAVE RADIO — A line-of-sign radio transmission using very short wavelengths, corresponding to a frequency of one thousand (1,000) megahertz or greater. |
RADIO TRANSMITTING AND RECEIVING ANTENNA — An array or system of wires, tubing and supporting members mounted on a mast, tower or building, used for transmitting and/or receiving radio signals that include, but are not limited to, citizen band and other special frequencies. |
SATELLITE PARABOLIC OR DISH RECEIVING ANTENNA — A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, bowl, or cornucopia. Such device shall be used to transmit or receive radio or electromagnetic waves between terrestrially or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas. See: Article 8; Table 8-1. |
SATELLITE RELAY — An active or passive satellite repeater that relays signals between two (2) earth terminals. |
STANDARD RESIDENTIAL RECEIVING ANTENNA — An array made up of small metal tubing and supporting members that are commonly installed on or near residential buildings for the purpose of receiving television or radio signals. |
TELECOMMUNICATIONS CARRIER — A company that provides wireless services. Telecommunication carriers may or may not own the tower they are on; if they are not the owner they are typically leasing the space from a tower company. |
TELECOMMUNICATIONS FACILITIES EQUIPMENT SHELTER — A facility, shelter, cabinet, shed, or vaults used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include, for example, air conditioning, backup power supplies and emergency generators. |
TOWER COMPANY — A company that owns, operates and maintains the tower infrastructure. |
TOWER, GUYED — A monopole or lattice tower that is supported, in whole or in part, by guy wires and ground anchors or other means of support besides the superstructure of the tower itself. |
TOWER, LATTICE — A tower characterized by an open frame-work of lateral cross-members that stabilize the structure. |
TOWER, MONOPOLE — A telecommunications tower consisting of a single pole, constructed without guy wires and ground anchors. |
TOWER, SELF-SUPPORTING — A lattice telecommunications tower that is constructed without guy wires and ground anchors. |
WIRELESS TELECOMMUNICATION — The transmission through the air of information in the form of electromagnetic or optical signals; including television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic or optical wireless communication. |
WIRELESS TELECOMMUNICATION FACILITY — A facility including antennas and transmitting and receiving equipment for wireless telecommunication, including personal wireless services facilities. |
(5)
Applicability.
(a)
Antenna And Antenna Structure. An antenna and antenna structure, any portion of which is located within the City of Pleasant Valley, shall be subject to this Chapter, except as otherwise provided herein.
(b)
Utility Poles. The provisions of this Chapter shall not apply to utility poles that are utilized for the support of electrical, telephone, or cable television, are located on public rights-of-ways or easements for that purpose, and are a part of a system of such poles throughout the City of Pleasant Valley.
(c)
Pre-Existing Communication Tower, Other Antenna Structure, And Antenna. A pre-existing communication tower, other pre-existing antenna structure, and pre-existing antenna shall not be required to meet the requirements of this Section except upon expiration of an existing conditional or special use permit.
(d)
Principal Or Accessory Use. An antenna, a communication tower, or an antenna structure, and equipment accessory to the same, may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna, telecommunications tower or other antenna structure, and equipment accessory to the same on such lot.
(e)
Parcel Boundaries. For purposes of determining whether the installation of a telecommunication tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(f)
Non-Conforming Use. A tower or other antenna structure that is constructed or installed in accordance with the provisions of this Chapter, although an addition to the property, shall not be deemed to constitute the expansion of a non-conforming use or structure.
(6)
General Requirements.
(a)
Federal Requirements.
(i)
All wireless telecommunication facilities must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the Federal government with the authority to regulate towers and antennas.
(ii)
If such standards and regulations are changed, then the owner(s) of the wireless telecommunication facility governed by this Chapter shall bring such facility into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency.
(iii)
Failure to bring a wireless telecommunication facility into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility at the owner's expense. Any such removal by the governing authority shall be in the manner provided in this Section.
(b)
Building Codes And Safety Standards.
(i)
To ensure the structural integrity of telecommunication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the International Building Code (IBC) and the applicable standards for towers that are published by the Telecommunications Industry Association (TIA)/Electronic Industries Association (EIA), as amended from time to time. Tower owners shall conduct periodic inspections of telecommunications towers at least once every three (3) years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in Missouri. The results of such inspection(s) shall be provided to the Building Official.
(ii)
If, upon inspection, the Building Official concludes that a tower fails to comply with such codes and standards and is not a danger to persons or property, then a written notice will be sent to the owner of the tower with a copy of said notice to all of the known lease holders. Such notice shall include:
A)
A description of the property;
B)
A statement of the violation(s) and the reason the notice is being issued;
C)
Statement that the owner shall have thirty (30) days to bring such tower into compliance; and
D)
A statement that the owner has a right to appeal the Building Official's findings to the Board of Appeals.
If the tower is not brought into compliance within the stated time period above, an extension may be requested by the owner. The extension request shall be in writing and include a proposed plan of action with a timeframe for completion of the work. The Building Official is authorized to grant in writing one (1) or more extensions of time as deemed reasonable and appropriate; however, the owner shall provide proof that action is being taken. If tower is not brought into compliance within the stated time period and no extension is requested, the City may remove such tower at the owner's expense after notice is sent to the property owner and all known lease holders of a Notice Appeal Hearing and such hearing is held. |
(iii)
If, upon inspection, the Building Official concludes that a tower constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower and any known lease holders, the owner shall have fifteen (15) days to inspect the tower and make the necessary repairs. If repairs are not made within the stated time period the City may take whatever action is necessary to remove or lessen the dangerous condition.
(c)
Conditional Use Permit. A telecommunications tower shall be subject to a conditional use permit, in accordance with the following considerations:
(i)
Setbacks. No new tower shall be constructed without setbacks from all property lines a distance equal to the height of the tower as measured from the base of the structure to its highest point or as otherwise authorized by the Governing Body in approval of the conditional use permit. Accessory structures shall be governed by the setbacks for that particular zoning district.
(ii)
Guy Anchors. Guy anchor foundations shall be setback a minimum of ten (10) feet from all property lines.
(iii)
Separation Distances. The following are the required separation distances from other towers and residential:
A)
A telecommunications tower over ninety (90) feet in height shall be separated from any other telecommunications tower over ninety (90) feet in height by a distance of at least one (1) mile.
B)
A telecommunications tower shall be located a distance of four (4) times the tower height from any existing single-family or two-family dwelling that is not on the same lot with the tower, any property zoned for single-family or two-family residential use, and any property where the future use indicated by the Comprehensive Plan is low density residential use.
C)
This requirement may be waived if it is found to effectively prevent the provision of wireless telecommunications services within the City.
(iv)
Lighting. A telecommunications tower or other antenna structure shall not be artificially lighted unless such lighting is required by the FAA or other applicable authority. If lighting is required, the Governing Body may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting around the base of a communications tower or other antenna structure may be installed if the lighting complies with City Code and no light is directed toward adjacent properties or rights-of-way.
(v)
Signage. Signs located at the telecommunications tower shall be limited to ownership, contact information, the FCC antenna registration number and any other warning signs required by the FCC. Commercial advertising is strictly prohibited.
(vi)
Landscaping. A telecommunications tower facility shall be landscaped in accordance with this Chapter to provide a buffer of plant materials that effectively screen the view of the telecommunications tower base and accessory structures from adjacent property. This may be waived by the Governing Body where natural growth and land forms provide an equivalent buffer. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Governing Body.
(vii)
Parking Areas And Drives. Parking areas and drives associated with the telecommunications tower shall be paved in accordance with this Chapter or as otherwise authorized by the Governing Body in the approval of a conditional use permit after making a determination that additional impervious coverage is not in the best interest of adjacent property owners.
(viii)
Security Fencing. A telecommunications tower shall be enclosed by fencing not less than six (6) feet in height and equipped with an appropriate anti-climbing device. The type of fence shall be in accordance with this Chapter or as otherwise authorized by the Governing Body in the approval of the conditional use permit.
(ix)
Demonstrated Need. An applicant for a conditional use permit for a telecommunications tower shall provide technical data sufficient to show that a tower of the requested height is necessary in the requested location to maintain the integrity of the entire planned communication system. The applicant also shall show why a system composed of antenna structures lower in height, located on existing structures, or otherwise less visually obtrusive should not be required.
(x)
Visual Impact. To limit the visual impact of a telecommunications tower, to the extent feasible, the tower shall be:
A)
Located away from key public viewpoints;
B)
Located down-slope from the top of ridge lines, so that from key public viewpoints, a smaller portion of the height of the tower is viewed against the sky;
C)
Placed within forested areas with antennas just above the tree line;
D)
Located or be of such a height not to necessitate FAA coloring and lighting;
E)
Located in industrial areas;
F)
Of the minimum height necessary for operation of the telecommunication system, considering the visual trade-off of a greater number of towers at lower heights; and
G)
Located outside historic districts designated by the Governing Body and located unobtrusively so as not to be visible from historic structures.
(xi)
View Of Accessory Equipment. Mobile or immobile equipment not used in direct support of a wireless telecommunications facility shall not be stored or parked on the site of the facility, unless repairs to the facility are being made.
(xii)
Design. The following standards shall apply:
A)
A telecommunications tower shall, subject of any applicable standards of the FAA, be painted a neutral color approved by the Governing Body, so as to reduce visual obtrusiveness;
B)
At a telecommunications tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment; and
C)
If an antenna is installed on an antenna structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the antenna structure so as to make the antenna and related equipment as visually unobtrusive as possible.
D)
Tower design will be evaluated on a case by case basis utilizing the following design preferences:
1) | Monopoles are highly encouraged; | |
2) | Stealth technology shall be incorporated into the placement of antenna utilizing architectural elements or structures whenever feasible. Such antenna placement is appropriate around window frames, doorways, along guttering, incorporated into penthouses, cupolas, steeples, etc.; and | |
3) | Towers are to be architecturally compatible to the surrounding development(s). |
(d)
Accessory Uses. Accessory uses shall include only such structures and equipment as are necessary for transmission and receiving functions and satellite ground stations associated with them and shall not include broadcast studios, offices, vehicle storage area, or other similar uses. Accessory structures shall be in compliance with the requirements of this Chapter.
(e)
Exceptions. The Governing Body may reduce the requirements of this Section if the goals of this Section would be better served thereby.
(7)
Shared Use (Co-Location).
(a)
Inventory Of Other Antenna Mounts.
(i)
Each applicant for an antenna or telecommunications tower shall provide to the Zoning Administrator the following inventory information:
A)
An inventory of its existing antenna mounts that are either within the City limits or within one (1) mile of the City limits, including specific information about the location, height, and design of each antenna mount; and
B)
Similar inventory of existing antenna structures owned or leased by others that were considered for co-location.
C)
The Zoning Administrator may provide such antenna structure information to other applicants or organizations having an interest in locating antennas within the City limits. The Department is not, by providing such information, representing or warranting that such sites are available or suitable.
(b)
Availability Of Suitable Existing Telecommunication Towers Or Other Structures. No new telecommunications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Governing Body that no existing antenna structure is suitable for the applicant's proposed antenna. Evidence submitted to demonstrate that no existing antenna structure is suitable for the applicant's proposed antenna may consist of any of the following:
(i)
No existing antenna structures are located within the geographic area required to meet applicant's engineering requirements;
(ii)
Existing antenna structures are not of sufficient height to meet applicant's engineering requirements;
(iii)
Existing antenna structures do not have sufficient structural strength to support applicant's proposed antenna(s) and related equipment;
(iv)
The applicant's proposed antenna(s) would cause interference with the antennas on the existing antenna structure, or the antenna on the existing antenna structure would cause interference with the applicant's proposed antenna(s);
(v)
Fees, costs, or contractual provisions required by the owner in order to share an existing antenna structure or to adapt an existing antenna structure for sharing are unreasonable;
(vi)
Use of an existing antenna structure would result in a more visually obtrusive installation than the proposed telecommunications tower; or
(vii)
The applicant demonstrates that there are other limiting factors that render existing antenna structures unsuitable.
(c)
Renewal Of The Conditional Use Permit For An Existing Telecommunications Tower. Failure of the owner of an existing telecommunications tower to reasonably accommodate additional users in a manner consistent with the goals of this Section, unless there are other limiting factors that render existing antenna structures unsuitable, may be grounds for denial of the renewal of the conditional use permit.
(8)
Capacity Of Telecommunications Towers.
(a)
All telecommunications towers over fifty (50) feet in height shall be designed to accommodate antennas for more than one (1) user;
(b)
The number of users accommodated shall be reasonably proportional to the height of the tower; and
(c)
The above requirements may be modified to provide the maximum number of compatible users consistent with limitations imposed by radio frequency interference and by considerations of visual obtrusiveness of multiple antennas.
(9)
Abandonment And Removal.
(a)
If the use of any antenna mounted on a telecommunications tower ceases, and the antenna is not used for a continuous period of twelve (12) months, the antenna shall be considered abandoned, and the owner of such antenna and tower shall remove it within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna and tower is not removed within said ninety (90) days, the City may remove such antenna and tower at the owner's expense. In the event the owner is defunct or cannot be located, the property owner shall be held jointly and severally responsible for the removal of abandoned facilities. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the antennas on the tower.
(b)
The owner of the tower shall provide to the City financial security in the form of a bond, letter of credit, or other financial security as approved by the City Attorney; right of access; and any other measures necessary and sufficient to ensure such removal, should it become necessary.
(10)
Replacement Of An Existing Communication Tower. An existing telecommunications tower may be replaced with a new tower during the effective period of an existing conditional use permit for the existing tower. This replacement shall be subject to approval of the Zoning Administrator, in accordance with the following:
(a)
Type. A tower shall be replaced with a tower of a design found by the Zoning Administrator to be less visually obtrusive.
(b)
Height. The height of the new tower shall not exceed that of the tower originally approved for and constructed on the site.
(c)
Setbacks. The new tower shall comply with setback requirements and shall be within a distance of the existing tower location not exceeding half the height of the existing tower.
(d)
Color. Color of the new tower shall be subject to staff approval, to ensure that the tower blends into the background as much as is reasonably possible.
(e)
Accessory Structures. Any changes to the appearance of existing accessory structures shall be subject to staff approval, to ensure that the current standards of the zoning regulations are met and that, at a minimum, the changed structures are as effectively screened as before or blend into the surrounding environment as effectively as before. A new accessory structure shall be subject to the provisions of these standards.
(f)
Expiration Of The Conditional Use Permit. The expiration date of the existing conditional use permit shall not be altered by construction of a replacement tower.
(11)
Required Submittals. The following items are required for any new tower application, existing tower renewal, or co-locate as indicated:
(c)
Administratively-Approved Uses. The following uses (co-locations) are specifically permitted without a conditional use permit, subject to approval of a Final Development Plan. The application shall follow the procedures set forth in this Chapter.
(i)
Installing an antenna on an existing structure other than a telecommunications tower (such as a building, sign, light pole, water tower, or other free-standing non-residential structure), provided that:
A)
Such structure is not designated as a historic structure by the Governing Body,
B)
The antenna does not extend horizontally from the side of such structure farther than the minimum necessary for attachment, and
C)
Where the antenna extends horizontally from the side of a building, it is camouflaged by the use of materials, colors, textures, or screening that will visually blend the antenna into the building.
(ii)
Installing an antenna on any existing telecommunications tower of any height, including the placement of additional mounts or other supporting equipment used in connection with said antenna.
(d)
The Zoning Administrator, Commission, or Governing Body may require additional technical studies deemed necessary to fully evaluate the application. Should the services of an outside consultant be needed to evaluate any such technical studies, the cost of such services shall be borne by the applicant.
(e)
Where required by the Zoning Administrator as essential to the evaluation of a proposed location, proposed mounting of an antenna shall be shown by an accurately-scaled photo simulation, from not less than three (3) viewpoints approved by the Zoning Administrator.
(f)
A map of the City and the first half-mile of all bordering communities showing the design of the applicant's entire existing and proposed wireless telecommunications network. Such map shall, at a minimum, indicate the exact location of all proposed and existing tower and antenna sites, their dimensions, specifications, and signal area coverage.
(g)
Color photo simulations from several different angles showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.
(h)
A structural integrity study completed and certified by a licensed Professional Engineer. The study should include, at a minimum, the following items:
(i)
Tower owners shall provide documentation (i.e., a copy of the FCC Antenna Structure Registration and any other relevant documents) indicating that each telecommunications tower is in compliance with all Federal requirements. A statement declaring that the existing tower is still in compliance and will remain so after any proposed alterations or additions shall be submitted when the structure is altered or antenna(s) added.
(j)
A copy of an inspection report current within the last three (3) years.
(k)
Proof of general liability insurance for claims from injury or death and property damage in an amount approved by the City, but not less than two million dollars ($2,000,000.00) per occurrence for personal injury and two million dollars ($2,000,000.00) per occurrence for property damage with the City listed as an additional insured.
(l)
The tower owner and/or landowner shall promptly notify the City within thirty (30) days by certified or registered mail of the sale, transfer, or assignment of any tower or telecommunications facility. Each co-location shall be conditioned upon the co-locate obtaining the necessary approvals for the subject facility or site from the City prior to siting such facility.
(12)
Pre-Existing Towers/Non-Conforming Uses. All non-conforming telecommunication towers operative on the effective date of this ordinance (5-15-2017) shall be allowed to continue their present usage as a legal non-conforming use and shall be treated as a non-conforming use in accordance with this Chapter of the zoning regulations. Periodic structural integrity and inspection reports shall be submitted as required by this Chapter.
(13)
Maintenance. Routine maintenance on an existing telecommunications tower shall be permitted without need for a new application unless the structure is being altered beyond what currently exists per the latest approved plan.
(14)
Denial. Upon denial of a conditional use permit tower application by the Governing Body, the applicant, or any other person, official or agency who is aggrieved by the final decision may appeal the denial pursuant to this Chapter. Upon denial of an administrative use, the applicant or any other person, official or agency who is aggrieved by the decision may appeal the denial pursuant to this Chapter. In either case, written findings shall be made available to the applicant. The findings should recite the requirements of the ordinance and the failure of the applicant to meet one (1) or more of them.