Richmond City Zoning Code
ARTICLE III
Conditional Uses
Section 405.140 Bed And Breakfast Establishments.
[Ord. No. 2470, 11-13-2018]
A.
The owner or provider of a bed and breakfast establishment is the principal resident of the dwelling and there are no employees except immediate members of the family household;
B.
Such establishments are required to be occupied by the owner or the applicant must demonstrate a sufficient ability for site maintenance and property management;
C.
A minimum of two (2) permanently surfaced off-street parking spaces plus one per guestroom are provided;
D.
Guests must pay on the basis of a daily rental rate, and must limit their stay to no more than fourteen (14) days;
E.
Guests rooms are to be limited to the purpose of sleeping;
F.
Cooking shall not be allowed in guest rooms;
G.
There shall be no change in the residential appearance of the structure;
H.
Receptions or meetings of groups are prohibited;
I.
Such establishments must meet the development standards of height, area, and setbacks within the zoning district in which it is located;
J.
Such establishments are subject to any other conditions that, at the discretion of the Planning Commission and City Council, are necessary to protect adjacent properties.
Section 405.145 Group Homes.
Section 405.150 Communications Antennas And Support Structures.
[Ord. No. 2470, 11-13-2018]
A.
Purpose And Preemption.
1.
Purpose. The general purpose of this Article is to regulate the placement, construction, and modification of wireless facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace within the corporate boundaries of the City of Richmond. Specifically, this Section is intended to:
a.
Provide for the appropriate location and development of wireless facilities to serve the citizens and business of the City of Richmond;
b.
Minimize adverse visual impacts of wireless facilities through the use of careful design, siting, landscape screening, and innovating camouflaging technique that provide predictability for nearby property owners, and others that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties;
c.
Ensure that any new wireless facilities are located in an area compatible with the neighborhood or surrounding community to the extent possible;
d.
Ensure that regulation of wireless facilities does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service; and
e.
Enhance the ability of providers of communication services to provide such services to the community quickly, effectively, and efficiently.
2.
Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Section shall be applicable to all wireless facilities existing or installed, built or modified after the effective date of this Section to the fullest extent permitted by law. No provision of this Section shall apply to any circumstances in which such application shall be unlawful under superseding Federal or State law. Furthermore, if any Section, Subsection, sentence, clause, phrase of portion of this Article is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.
B. ACCESSORY EQUIPMENT AGL ANTENNA CABINET DIRECTOR DISGUISED SUPPORT STRUCTURE EXISTING STRUCTURE FAA FCC HEIGHT INCIDENTAL USE LATTICE TOWER MODIFICATION MONOPOLE TOWER PUBLIC PROPERTY SHELTER SUPPORT STRUCTURE TELECOMMUNICATIONS TOWER TOWER WIRELESS FACILITY
Definitions. As used in this Section, the following terms shall have the meaning and usages indicated:
Any equipment serving or being used in conjunction with a wireless facility.
Above ground level. Ground level shall be determined by the average elevation of the natural ground level with a radius of fifty (50) feet from the center location of measurement.
Any device used in the provision of wireless communication services that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than (2) meters in diameter (mounted with twelve (12) feet of the ground or building-mounted) and any receive-only home television antennas.
A structure for the protection and security of communications equipment associated with one (1) or more antennas where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet, and vertical height that does not exceed six (6) feet.
The Director of Community Development of the City or his/her designee.
Any free-standing, man-made structure designed for the support of antennae, the presence of which is camouflaged or concealed as an appropriately-placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, light standards, flag poles and artificial trees. For purposes of this definition, a structure "camouflaged or concealed as an appropriately-placed and designed architectural or natural feature" shall meet the following additional criteria: (1) it is consistent with, contributes to, and does not detract from the character and property values and use of the area and neighborhood in which it is located, (2) it does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate, (3) it cannot be identified as an antenna support structure by a person with reasonable sensibilities and knowledge, (4) its equipment, accessory buildings, or other aspects or attachments relating to the disguised support structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated, and (5) it is of a height, design and type that would ordinarily occur at the location and neighborhood selected. Any disguised support structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation and corresponding covenant recorded on the property that runs with the land to the benefit of the City on behalf of the public, prohibiting modification of the disguised support structure that eliminate or are materially detrimental to the disguise, unless such approved by a duly authorized zoning or conditional use approval approved in the same manner as required for an original construction of such disguised support structure with the proposed modification. If the applicant does not wish to have such covenant, the structure shall not qualify as a disguised support structure, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently eliminated or materially, determinately altered.
Any structure capable of supporting wireless facilities (other than a support structure) in full conformance with the design and other requirements of this Article and is: (1) existing prior to the date of all applicable permit applications seeking City authorization for installation of such facilities thereon, and (2) not built or installed in anticipation of such specific installation or erected as a means to evade approvals applicable to a non-existing structure.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.
Any use authorized herein that exists in addition to the principal use of the property.
A guyed or self-supporting three (3) or four (4) sided, open, steel frame structure used to support communications equipment.
Any addition, deletion, or change, including the addition or replacement of antennae, or any change to a structure requiring a building permit or other governmental approval.
A tower consisting of a single pole, constructed without guy wires and ground anchors.
Any real property, easement, right-of-way, air space or other interest in real estate, including a street, owned or controlled by the City or any other governmental unit.
A building for the protection and security of communications equipment associated with one (1) or more antennae and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.
A tower or disguised support structure.
See "Wireless Facility."
A structure constructed as a freestanding structure or in association with a building, other permanent structure or equipment designed for the support of one (1) or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, or similar forms of wireless communications, including, but not limited to, guyed towers, radio and television transmission towers, microwave towers, self-supporting (lattice) towers, or monopoles but not disguised support structures or buildings. The term shall also not include any support structure including attachments of sixty-five (65) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the Federal Communication Commission.
Any antenna, support structure, roof and/or building mount facility, or telecommunications tower used for communications purposes, and its accessory equipment.
C.
General Requirements.
1.
The requirements set forth in this Subsection shall be applicable to all wireless facilities installed, built or modified after the effective date of the ordinance from which this Section is derived to the full extent permitted by law.
a.
Principal Or Incidental Use. Towers may be either a principal or incidental use in all commercial and industrial zoning districts, subject to any applicable requirement relating to yard or setback. An incidental use subject to a leasehold interest of a person other than the lot owner may be approved for a Tower only if the leasehold area separately meets all requirements for a separate subdivided lot, including dedicated access, parking, setbacks, and lot size, applicable to a primary use in the district in which the use is proposed as if it was a separate subdivided lot. No other district shall allow Towers unless required by law. All other wireless facilities other than Towers, may be a principal or incidental use in all districts subject to the requirements herein.
b.
Building Codes, Safety Standards, And Zoning Compliance. To ensure the structural integrity of wireless facilities, the owner shall assure that it is constructed and maintained in compliance with all standards contained in applicable State and local building codes and the applicable standards published by the current Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no wireless facility shall be erected prior to receipt of a certificate of zoning compliance, if applicable, and the issuance of a building permit.
(1)
Installation. Applications for new wireless facilities shall include verification by a qualified structural engineer that the wireless facility (excluding the accessory equipment unless otherwise directed by the director or required by the building code) meets or exceeds all applicable structural requirements. Applications for modification to existing wireless facilities shall include a verification by a qualified structural engineer that the wireless facilities (excluding the accessory equipment unless otherwise directed by the director or required by the building code) and any additional antenna meets or exceeds all applicable structural requirements.
(2)
Maintenance. All wireless facilities and appurtenances shall be adequately maintained and in compliance with all applicable building codes and standards. If upon inspection it is determined that any wireless facility fails to comply with applicable codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the wireless facility, the owner shall have thirty (30) days to remedy any defects and bring the wireless facility into compliance with applicable codes and standards. Failure by the owner to bring a deficient wireless facility into compliance with applicable codes and standards shall be cause for removal of the deficient wireless facility by the City with all cost of removal being the owner's responsibility (and the City shall be authorized to use the abandonment bond, if any, that may have been required pursuant to the City Code or other authority).
c.
Regulatory Compliance. All wireless facilities shall meet current standards and regulations of the FAA, FCC, and any other State or Federal agency with the authority to regulate wireless facilities. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction, or modification of any wireless facility permitted by this Section shall be granted for any applicant having an uncured violation of this Section, any zoning regulation regarding the lot on which the structure is proposed, or any other governmental regulations requirement application to such wireless facilities within the City.
d.
Security. All wireless facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, or modify wireless facilities. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the director and City Council in the case of a conditional use permit. The wireless facilities and any appurtenances shall be safely maintained and fenced or otherwise secured to prevent unauthorized access or climbing of the wireless facility. Barbed, electrified, or razor wire is prohibited in commercial districts. Fencing may be required as part of a disguised support structure as determined by the Planning and Zoning Commission and City Council to prevent unauthorized access or climbing while still preserving the disguised nature of the structure.
e.
Lighting. Antennae and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennae or support structure. Equipment cabinet shelters may have lighting only as approved by the director or City Council on the approved site development plan. Lighting may also be approved as part of a disguised support structure.
f.
Advertising. Except for a disguised support structure in the form of an otherwise lawfully permitted sign, the placement of advertising on wireless facilities regulated by this Section is prohibited other than identification signage of not greater than one (1) square foot on ground equipment.
g.
Design.
(1)
Subject to the requirements of the FAA or any applicable State or Federal agency, towers and attachments shall be galvanized steel, or if painted, a neutral color consistent with the natural or built environment of the site as determined by the director or Planning and Zoning Commission and City Council in the case of a conditional use permit so as to minimize visual obtrusiveness. All new towers shall be on a monopole design without use of lattice or guy wire support and be engineered and designed with sufficient depth, counter-weight, and other mechanisms to address wind-loading and other failure risks under all reasonably anticipated conditions and circumstances. Wireless facilities shall use materials, colors, and texture to conform to the existing setting and built environment.
(2)
When authorized, equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All equipment shall be either placed underground, contained in a single shelter or cabinet, or wholly concealed within a building.
(3)
Support structures shall not exceed the height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency, but may exceed underlying district height restrictions for buildings and structures, where shown to be necessary, provided that such height restrictions shall be considered by the City in determining the appropriateness of the design and location of the proposed structure under the standards for approval.
(4)
Antennas attached to a support structure shall be contained within the disguised support structure or within or mounted flush on the surface of the tower to which they are mounted so as not to defeat the disguised design. Antennas attached to an existing building or structure shall be of a color identical to the surface to which they are mounted. All antennas shall be designed to be disguised and maximally concealed on or within the support structure. Exposed antennas on "crows nest" or other visible platforms or extensions are prohibited.
(5)
All towers shall be surrounded by a minimum six-foot high decorative wall constructed of brick, stone, or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials, which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the director, or by the City Council in the case of a conditional use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping shall be required for disguised support structures if needed to implement an approved disguise.
(6)
All portions of any wireless facility including related structures, fences, and walls (except for parking associated with the wireless facility) shall be separated from any public rights-of-way, sidewalk or street, alley, parking areas, playground, or other building, and from the property line of any adjacent property at least a distance equal to the height of the antenna or support structure, whichever is greater. Support structures shall be reasonably designed to reduce potential damage to a person or property from failing, ice, or equipment from the support structure, or from wind damage, or structural failure.
(7)
Mobile or immobile equipment not used in direct support of a wireless facility shall not be stored or parked on the site of the wireless facility unless repairs to the wireless facility are being accomplished.
(8)
On-site parking for periodic maintenance and service shall be provided at all wireless locations consistent with the underlying zoning district and the type of wireless facility approval granted.
h.
Shared Use. Each applicant seeking to locate a new support structure or new wireless support structure as defined in Section 67.5092, RSMo., must state in their application that the applicant conducted an analysis of available collocation opportunities on existing support structures within the same ring defined by the applicant.
i.
Rights-Of-Way. For applications for wireless facilities within City rights-of-way: (1) the most restrictive adjacent zoning district classification shall apply unless otherwise specifically zoned and designated on the official zoning map, and (2) no application shall be submitted for approval without attaching the City's consent to use the rights-of-way for the specific construction application.
j.
Height Limitations.
(1)
Residential. Television and radio receiving antenna permitted as accessory uses shall not exceed sixty (60) feet in height and shall be located a distance inside the property line at least equal to one-third (1/3) of the height of the antenna.
(2)
Non-Residential. No support structure shall exceed one hundred (100) feet above adjacent ground level unless good cause is shown and found by the City and in no case may a support structure be approved to exceed one hundred twenty (120) feet. All installations shall comply with air space requirements of the FAA.
k.
Application. All applications shall be submitted to the City as a complete application on forms provided by the City. A "complete application" shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, deposit fees, and information as required thereon by the City, consistent with this Article. All applications shall also require as part of the application, review, and approval pursuant to this Article, building permit application, and other applicable forms. Applications shall be decided upon within a reasonable time, subject further to State or Federal specific additional time requirements as may apply to the particular application.
(1)
Administration. The director shall have the authority to establish forms and procedures consistent with this Article and applicable Federal, State, and local law to ensure compliance and to facilitate prompt review and administration of applications. The director shall provide deficiency notices applicable to the specific type of application as required herein and by applicable law. Applications will be considered complete when all items required for submission by these regulations and applicable law and the appropriate deposit fee have been submitted to the director. Complete applications shall be processed in accordance with this Article. A determination of completeness, if any, shall not constitute a determination of compliance with the substantive requirements of this Article. Upon review of an application under this Section, if the director determines that the application does not meet the mandatory requirements herein (except those which expressly provide that such may be waived upon a certain finding of the Planning and Zoning Commission and City Council) for the type of approval requested, the director shall deny the application prior to proceeding to hearing or publication due to the failure to meet minimum requirements to qualify for approval, and shall provide the applicant written notice of the denial and setting forth the reasons requiring such denial.
l.
Historic Preservation; Thirty-Day Hearing Period. A conditional use permit shall not be issued for any wireless facilities that the City Council determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such District as a whole. For collocation of any certified historic structure as defined by Section 253.545, RSMo., in addition to all other applicable time requirements, there shall be a thirty-day time period before approval of an application during which one (1) or more public hearing on collocation to a certified historic structure are held.
m.
Public Property. Wireless facilities located on property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Article. A license or lease with the City authorizing the location of such wireless facilities shall be required for each site.
n.
As-Built Plans. Within sixty (60) days of completion of the initial construction and additional construction, two (2) complete sets of plans drawn to scale and certified as accurately depicting the location of all wireless facilities constructed shall be furnished to the City.
D.
Permitted Uses.
1.
The placement of wireless facilities conforming with the general requirements of this Section are permitted in all zoning districts upon submittal of authorization from the respective property owner(s) and only as follows:
a.
The mounting of antennae on any existing building or structure, such as a water tower (but not including a support structure), provided that the presence of the antennas and associated equipment is concealed by architectural elements or fully camouflaged or concealed by painting a color identical to the surface to which they are attached or other satisfactorily camouflage as determined by the director.
b.
The mounting of antennae on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet.
c.
The attachment of additional or replacement antennas or accessory equipment to any exiting fully conforming wireless facility where local zoning is preempted by State or Federal law, are permitted uses provided that building permit requirements, national safety codes, and other applicable codes including recognized, accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a satisfactory certified structural engineering report. All modification to wireless facilities shall require application and approval to amend existing conditional use permit or other zoning authorization where zoning is not preempted by Federal or State law.
2.
Applications for uses authorized under this Section shall be on forms as may be established by the director with such information as necessary to determine applicability of the specific permitted use and shall be accompanied by a building permit application and such five hundred dollar ($500.00) application fees as required to cover the actual costs, but not to exceed such amounts as limited by applicable law. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. Applications shall be decided upon within a reasonable time, subject further to State or Federal specific additional requirements as may apply to the particular application. The director shall review the application and provide a deficient notice, in accordance with this Article, within fifteen (15) days of receipt, or such other longer time as allowed by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for denial.
E.
Authorization By Administrative Permit.
1.
The placement of wireless facilities fully conforming with the general requirements of this Section are permitted in all zoning districts by administrative permit approved by the director only as follows:
a.
The construction of a disguised support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses as a permitted use.
b.
The placement of dual polar panel antennae on wooden or steel functioning utility poles not to exceed forty (40) feet in height in any residentially zoned district and on any such poles (or functional replacement poles of no greater height) existing in any other district on the date of adoption of this Article. All related equipment for antennae permitted by this Subsection shall be wholly contained in an underground cabinet or vault.
c.
Towers erected and maintained for a period not to exceed forty-five (45) days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.
2.
Application Procedures. Applications for administrative permits shall be made on the appropriate forms to the director and accompanied by a deposit of one thousand five hundred dollars ($1,500.00), or such other deposit amounts as may be established by the City Council. The deposit shall be used to cover administrative costs and any telecommunications or other consulting fees or other actual, direct, and reasonable costs that the City may incur in review of the application, but shall not include such amounts as limited by applicable law. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. Applicant shall submit along with its completed application form:
a.
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the existing or proposed wireless facilities;
b.
Proof of owner consent;
c.
Certified structural analysis as required herein; and
d.
All other information necessary to show compliance with the applicable requirements of this Article.
3.
The application shall be reviewed by the director to determine compliance with the above standards, including specifically design, location, safety, and appearance requirements and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.
4.
In reviewing an application, the director may require the applicant to provide additional information, including technical studies, and/or to the extent permitted by law, may require applicant to pay in addition to the cost of such studies if to be performed by the City, if reasonably necessary to assess whether the standards for approval are satisfied. An application shall not be deemed complete until satisfaction of all application requirements and submission of all requested information as provided herein.
5.
The director shall issue a decision on the permit within the time frame permitted by applicable law unless the time period for review and action is extended in writing by the director or Council for reasonable cause. The director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to affect the purposes of this Section. The director may consider the purposes of this Section and the factors established herein for granting a conditional use permit as well as any other considerations consistent with this Article. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
F.
Conditional Use Permit Required.
1.
All proposals to install, build, or modify a wireless facility not permitted by a permitted use or through an administrative permit shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning Commission and City Council, subject to the following requirements, procedures, and limitations.
a.
Applications. Applications for conditional use permits shall be filed on such forms required by the director and accompanied by a deposit of one thousand five hundred dollars ($1,500.00) to cover the actual costs, but not exceed such amounts as limited by law. Applications are to be processed subject to the requirements of and in the manner and time frame as otherwise established in the Zoning Code and subject to the applicable time frames imposed by applicable law. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. A decision shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter presented during the public hearing by the applicant or others. Approval of a conditional use permit shall authorize only the particular use for which the permit is issued. Development of a conditional uses shall not be carried out until the applicant has secured all the permits and approvals required by this Article, other appropriate provisions of the Richmond City Code, or any permits required by County, regional, State, or Federal agencies.
b.
Pre-Application Meeting. Before any application is made, the applicant is encouraged to meet with the director to discuss, in general, the procedures and requirements for a conditional use permit request pursuant to this Section.
c.
Application Process.
(1)
Form; Deficiency Notice. Conditional use permit applications shall be submitted on forms in accordance with the above to the director for a determination of completeness. Within thirty (30) days of receipt of an application, or such longer or other review times allowed by applicable law, the director shall review the application and identify any ways in which the application is not complete and provide the applicant with a written explanation of the deficiencies with citation to the Code or Statutes requiring such deficient item.
(2)
New Application. Given the various time restrictions applicable to approvals under applicable law, any modification of an application other than to correct incompleteness may be denied by the director if the change is material or presents difficulty in completing review of the modified application within the established review time. In such circumstance, the modified application must be resubmitted as a new application and the original application shall be deemed withdrawn.
d.
Processing Of Application And Scheduled Hearing. Following the determination that a conditional use permit application is complete or is deemed complete or as soon as may be required to meet any applicable State or Federal time periods, the director shall forward the application for review to the Planning Commission. Upon receipt of the application, the Planning Commission shall schedule a public hearing on the application at its next regular meeting, or at such other time as the applicant and director agree.
e.
Report. The director shall review the substance of the application, and prepare a report to the Planning Commission and City Council. The report shall be made available to the applicant at least two (2) business days prior to the hearing on the application.
f.
Examination Of And Copying Of Documents. At any time, upon reasonable request, any person may examine the application and the materials submitted in support of or in opposition to a conditional use permit application.
g.
Notice Provisions For Public Hearing.
(1)
Public Notice. Notice setting forth the date, time, place, and purpose of the public hearing, the name of the applicant, and identification of the subject property must be published once at least fifteen (15) days prior to the hearing in a newspaper of general circulation throughout the City. Not less than thirty (30) days prior to the public hearing, the applicant shall provide such information required for the notice to the director.
(2)
Personal Notice Of Public Hearing. Notice shall be sent by the director, by US Mail at least fifteen (15) business days before the hearing to each current owner of real property, as listed in the official records of the Recorder of Deeds of the appropriate County, located within one hundred eighty-five (185) feet of the exterior boundary of the property in question unless otherwise specified by the director. The failure of a property owner to receive notice by mail shall not be grounds for invalidating any action taken by the Planning Commission or City Council.
(3)
Posted Notice. The director shall cause to be posted at least one (1) sign on the subject property at least fifteen (15) days prior to the hearing. The sign(s) shall remain posted on the property until after the close of the public hearing. The director shall prescribe the size, format, and location of the sign(s). The sign shall be on the property of the City of Richmond and it shall be a public offense for any person to remove, deface, conceal, or destroy any such sign. The placement of signs is for the convenience and information of the public and the absence of such signs during all or part of the specified period of time shall in no way impair or nullify proceedings on the action being considered.
(4)
Substantial Compliance Required. Minor technical deviations in the language of published, personal, or posted notice shall not be deemed to impair the notice where actual notice has been given. Where there is a question raised at the hearing regarding the adequacy of notice, the Planning Commission shall make a formal finding as to whether there was substantial compliance with the notice requirements of these regulations.
h.
Review And Recommendation By The Planning Commission. The Planning Commission shall hold a public hearing to receive evidence and consider the application. Evidence may be submitted with the application or thereafter, or presented during the public hearing by the applicant or others. The commission's written recommendations, together with the application, staff report, any exhibits or evidence made part of the record at the hearing, and a transcript or recording of the public hearing shall constitute the "official record" which shall be forwarded to the City Council for its decision.
i.
Public Hearing. Unless a hearing or the requirements herein are waived by the applicant, each hearing shall provide a record of the proceedings (by audio, video, stenographic, or other reliable means of recording capable of transcription) and shall permit the parties to introduce evidence under oath, and shall provide for cross-examination, when requested. The formal hearing requirements herein shall be deemed waived if not affirmatively requested by the application in its application.
j.
Scope Of Action. The Planning Commission may make a recommendation to the City Council that is consistent with the notice given, including approval of the application, conditional approval of the application or denial of the application. The Planning Commission may allow amendments or recommend conditions to the application if the effect is to allow a lesser change than that requested on the original application or to reduce the impact of the application or to reduce the amount of land involved from that indicated in the notices of the hearing. The Planning Commission may not, in any case, recommend a greater amount of development, or a use failing in a different general use category, or a larger land area than indicated in the original application and notice.
k.
Review Criteria. In determining whether any proposed conditional use permit shall be approved, the Planning Commission and the City Council shall consider the following factors:
(1)
Whether the proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan;
(2)
Whether the proposed use is consistent with the general purpose and intent of the applicable zoning district regulations and complies with the requirements of the zoning ordinance;
(3)
Whether the proposed conditional use, may be materially detrimental to the public health, safety, convenience, and welfare, or may result in the material damage or prejudice to other property in the vicinity; and
(4)
Whether the proposed use is compatible with and preservers the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate any adverse impacts which may result from the development, such as traffic, noise, odors, visual nuisances, or other similar adverse effects.
l.
Decision By The City Council. Following the commission's public hearing and receipt of the Planning Commission's official record, the City Council shall consider only the official record and decide whether to approve, conditionally approve, or deny the conditional use permit application. The City Council may hold its own hearing to take additional evidence or hear additional public comment if it reasonably determines additional evidence or comment is necessary or appropriate and shall supplement the official record accordingly and make its decision thereon.
m.
Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of an antenna or support structure pursuant to permitted uses or administrative permits is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
n.
Findings Required. The City Council's decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made part of the written record of the meeting at which a final decision on the application is rendered. In addition to the determinations or limitations specified herein and by this Article for the consideration of conditional use permits, no conditional use shall be approved by the City Council unless findings in the affirmative are made that the following conditions exist:
(1)
That the review criteria with or without conditions imposed are generally met;
(2)
That the design of the wireless facilities, including the antennae, shelter, and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision;
(3)
That the proposed height, location, design, and appearance of the wireless facility is of a type and nature commonly found in the area, is maximally concealed or blended in with the environment, and shall not have a materially detrimental impact on the view of the surrounding area, safety, or the surrounding property values or uses. The City Council may impose location, appearance, safety, or other conditions as may be appropriate to address the nature of the use and conform to the purposes of this Code; and
(4)
That the proposal fully complies with applicable law including all requirements of this Section, provided that an exception to the requirement, other than building or safety code compliance, may be approved upon substantial evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown.
o.
The City Council may take any action on the application that is consistent with the notice given, including conditional approval of the application or denial of the application. The City Council may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards stated in this Article. Any conditions recommended by the director or Planning Commission may be modified by the City Council based on the official record.
p.
Continuances Of Proceedings. Given the various time restrictions applicable to approvals under this Section and other applicable law, unless otherwise required by law or agreed upon by the applicant and the City, there shall be no continuance granted for the scheduled public hearing, unless the meeting is canceled for reasons beyond the City's control.
q.
Amendments And Revisions. The director may approve minor revisions to a site plan approved as part of a conditional use permit when authorized in writing by the director and limited to those that are necessary in light of technical considerations discovered by the applicant or director after the decision on the conditional use permit.
r.
Revocation Of A Conditional Use Permit. Unless otherwise required by law, any conditional use permit granted under the authority of these regulations is subject to revocation pursuant to and in accordance with the procedures Article, the Zoning Ordinance, and applicable law.
s.
Transferability. Unless otherwise required by law, a conditional use permit shall not be transferred without the prior written consent of the City. The transfer of a permit where these conditions have not been satisfied shall be invalid.
G.
Miscellaneous.
1.
Commercial Operation Of Unlawful Wireless Facility. Notwithstanding any right that may exist for a governmental entity to operate or construct wireless facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any wireless facilities in violation of any provision of this Section,
2.
Penalty. Any person violating this provision shall be subject to a fine of not more than five hundred dollars ($500.00) or ninety (90) days in jail, or both. Each day the violation continues shall constitute a separate offense.
3.
Appeals. Appeals from any final decision made under this Section shall be made to the Board of Zoning Adjustment in writing not later than ten (10) days after such decision. The procedures of the Board of Zoning Adjustment shall govern appeals by any aggrieved person of a final action of any City officer, employee, board, commission, or the City Council that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, such review procedures shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law.
Section 405.160 Residential Structures Located Within "B-3," "B-1," And "S & O" Districts.
[Ord. No. 2470, 11-13-2018]
All conditional uses approved for residential structures within "B-3," "B-1," and "S & O" Districts shall only be approved for a five (5) year time limit and may be considered for renewal at that time.
Section 405.170 Daycare.
[Ord. No. 2470, 11-13-2018]
A.
Day care home for the care of more than four (4) but less than ten (10) children unrelated to the operator, in accordance with the following provisions:
1.
Complies with all rules, regulations and licensing requirements adopted by the State of Missouri through its Division of Family Services;
2.
Is an accessory use of a residence occupied by the operator;
3.
Be so developed, maintained, and operated that the building and yards have the appearance and character of a single-family dwelling, and do not detract from abutting single-family dwelling properties;
4.
All play equipment and required outdoor play area is in the rear yard;
5.
Outdoor play only between Sunrise and Sunset, i.e., Daylight Hours; and
6.
One (1) non-illuminated wall sign not to exceed one (1) square foot in area may be allowed to advertise the day care home.
Section 405.180 Ammunitions And Gun Sales.
[Ord. No. 2470, 11-13-2018]
As per Missouri State Statutes and Division of Alcohol Tobacco and Firearms (ATF).
Section 405.185 Airports, Airstrips, And Helipads.
[Ord. No. 2470, 11-13-2018]
A.
Bulk storage of aviation fuel shall only be permitted for approved commercial airports, airstrips, helipads and must comply with International Fire Codes. Such storage shall not be permitted on private airstrips or helipads.
B.
The runway or helipad shall not be lighted in such a way as to be a detriment to the neighbors.
C.
The conditional use permit shall be issued to the Applicant and shall not be transferable to any other party.
D.
The airport, airstrip, or helipad shall be used and operated in accordance with applicable Federal Aviation Administration (the "FAA"), State, and local regulation at all times.
E.
The grant of the conditional use permit is conditioned upon the Applicant obtaining a "No Objection" or "Objection with Provision" Determination Letter from the FAA indicating that the FAA has no serious issues with the establishment of the airport, airstrip, or helipad in relation to airspace safety and providing a copy of said Determination Letter to the Community Development Director.
Section 405.187 Marijuana.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
A.
The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, transporting, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
Unless otherwise specified, the following, regulations apply to all Marijuana Facilities and Medical Marijuana Facilities.
1.
No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter 220 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2.
Each Facility shall be located on properties that meet the following distance requirements:
a.
No marijuana related uses shall be operated or maintained within five hundred (500) feet of any then-existing, elementary or secondary school, child daycare center or church.
b.
In the case of a freestanding Facility, the distance between the Facility and the school, daycare, or church shall be measured from the external wall of the Facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building, or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the Facility. In the case of a Facility that is part of a larger structure, such as an office building, or strip mall, the distance between the Facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the Facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
c.
For purposes of this Section:
(1)
A "daycare" means a child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.
(2)
A "elementary or secondary school" means any public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the twelfth (12th) grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
(3)
A "church" means a permanent building primarily and regularly used as a place of religious worship.
(4)
"Then-existing" means any school, daycare, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the medical marijuana facility or marijuana facility first applies for either zoning or a building permit, whichever comes first.
3.
Hours Of Operation. All Medical Marijuana Facilities and Marijuana Facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 P.M. to 8:00 A.M.
4.
No merchandise or pictures of products shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a Facility.
5.
(Reserved)
6.
The sale or consumption of alcohol within a Facility is prohibited.
7.
Except as authorized by Article XIV of the Missouri Constitution or any applicable rules promulgated by the Missouri Department of Health and Senior Services, no person under the age of eighteen (18) shall be allowed in any portion of a Marijuana Facility or Medical Marijuana Facility. The entrance to a Facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
8.
All marijuana sold or otherwise distributed shall be in a sealed container.
9.
The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a Marijuana Facility or Medical Marijuana Facility is prohibited, except that a Marijuana Testing Facility may consume marijuana during the testing process and only as the consumption relates to the testing process.
10.
Dispensaries can be on the same property as a Comprehensive Marijuana Cultivation Facility, Microbusiness Wholesale Facility Comprehensive Marijuana-Infused Products Manufacturing Facility, Medical Marijuana Cultivation facility, a Medical Marijuana-Infused Products Manufacturing Facility in "I-1" but are not permitted to be within the same building as any other marijuana-related use.
11.
Operating Plans. As a condition of processing of a business license application, a Facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the Facility in accordance with the plan. Such plan shall include:
a.
Floor Plan. A plan showing the layout of the Facility and the principal uses of the floor area depicted. Any dispensary facility shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated primary caregivers. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.
b.
Odor Controls. A Facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a Facility. Such plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises of a Facility or other changes to a Facility may be required to abate a public nuisance.
12.
Signage.
a.
A sign for a Marijuana Facility or Medical Marijuana Facility shall comply with the requirements of Chapter 407 of this Code, or any ordinance enacted hereafter regulating signs.
b.
A sign for a Marijuana Facility or Medical Marijuana Facility shall be located on the same premises as the facility.
13.
Each Facility shall at all times possess a current City business license. By obtaining a City business license, the Facility Licensee irrevocably consents to the immediate closure and cessation of operation of the Facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
14.
No Medical Marijuana Facility or Marijuana Facility shall be located in a building that contains a residence.
15.
No Marijuana Facility or Medical Marijuana Facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
16.
Application Review Process.
a.
Site Review Permit. This preliminary permit reviews the proposed marijuana related use for compliance with the City's zoning and location standards prior to issuance of State license. Site review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.
b.
Business License. Once State licensing has been received, the business license shall include all relevant State approvals and approved operating plans.