No structure shall hereafter be built, moved or remodeled and no structure or land shall hereafter be used, occupied or designed for use or occupancy except for a use that is permitted within the zoning district in which the structure or land is located.

(Code 1966, § 36-400)

No use of a structure or land that is designated as a conditional use in any zoning district shall hereafter be established, and no existing conditional use shall hereafter be changed to another conditional use in such district unless a conditional use permit is secured in accordance with the provisions of section 42-597(b).

(Code 1966, § 36-401)

(a)

Permitted uses. Permitted accessory uses include but are not limited to the following:

(1)

A storage building or structure incidental to a permitted use, provided that no such structure that is accessory to a residential dwelling (e.g. storage building, workshop, gazebo, greenhouse, etc.) shall exceed three hundred sixty (360) square feet and shall be no taller than the dwelling or more than sixteen (16) feet in height whichever is less;

(2)

A detached garage or carport provided that no such structure that is accessory to a one- or two-family dwelling shall exceed seven hundred seventy (770) square feet, except in the A-1 or RS district it shall not exceed one thousand two hundred (1,200) square feet, shall be no taller than the dwelling or more than twenty (20) feet in height whichever is less, and shall be compatible with the residential dwelling in terms of design, appearance and materials;

(3)

An attached garage or carport provided that such structure is physically attached to a one- or two-family dwelling by a common wall, shall not exceed the size of the dwelling it is attached to and shall be compatible with the dwelling in terms of design, appearance and materials. Attached garages shall be subject to same setback requirements as the principal structure on the lot.

(4)

A private swimming pool and bathhouse, provided that no part of such structure or use is located in the front yard setback;

(5)

In the RS district only, a guest house (without kitchen facilities) or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building, and not as rental units, for permanent occupancy as housekeeping units and provided that no part of such structure is located in the front yard setback;

(6)

Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges;

(7)

Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district and provided that no part of such structure is located in the front yard setback;

(8)

Signs, when permitted by article X of this chapter and by the individual district regulations;

(9)

Off-street parking and loading spaces, as permitted by article XI of this chapter;

(10)

Restaurants, drugstores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel or office building;

(11)

Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building;

(12)

Outdoor storage or overnight parking, in a residential district, of boats, boat trailers, or recreational vehicles, provided such storage does not constitute a traffic or safety hazard, and buses when associated with a church or school and parked no closer than fifty (50) feet from any adjacent residential district;

(13)

Wind energy conversion systems (WECS) under the following restrictions:

a.

The minimum distance from all zoning lot lines to any tower, pole or other support base of the WECS shall be determined by the following table:

Intermediate rotor size distances shall be interpolated. The WECS shall not be located in any required yard.

b.

The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed sixty (60) dBA in a residential zone.

c.

To limit climbing access to a WECS tower, or other support structure, a six-foot high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than twelve (12) feet from the ground or the WECS support may be mounted on a roof top.

d.

All blades of a WECS shall be constructed of non-metallic substances. If the applicant can prove, in written form, that no electromagnetic interference will result, a metal content of up to twenty-five (25) percent will be acceptable.

e.

The WECS shall be located in compliance with the guidelines of the federal aviation regulations with regard to airport approach (15.503) and clearance around VOR and DVOR stations.

f.

Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than twenty (20) feet. The height of the WECS shall be measured at the center of the blade diameter.

g.

Data pertaining to the WECS's safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adaptor shall meet the restrictions specified in the city's building code.

h.

The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to WECS.

i.

A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within two hundred (200) feet of the exterior lot lines.

j.

The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.

k.

The owner/operator shall certify that the WECS does not violate any covenants of record.

l.

The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect.

(14)

Temporary parking of occupied motor home(s) or travel trailer(s) when associated with a hospital providing treatment to the owner or related individual, provided such parking area does not constitute a traffic or safety hazard or a nuisance to neighboring property owners, the parking area is located beyond any front yard setback line and no closer than fifty (50) feet from an adjacent residential property line and that electrical hookups are provided for all units.

(15)

Temporary parking of occupied motor home(s) or travel trailer(s) when associated with a contractor's construction yard, provided that the construction yard contains at least one (1) acre, that such parking area does not constitute a traffic or safety hazard or a nuisance to neighboring property owners, the parking area is located beyond any front yard setback line and no closer than fifty (50) feet from an adjacent residential property line and that electrical and sewer and water hook ups are provided for each parking stand.

(b)

Bulk regulations. Accessory structures and uses shall comply with the bulk regulations applicable in the zoning district in which they are located, and:

(1)

Shall be set back at least five (5) feet from the rear lot line when no alley exists and ten (10) feet when an alley exists;

(2)

Shall maintain a three-foot side yard, except that no part of any accessory building shall be located closer than three (3) feet in residential districts and ten (10) feet in all other districts to any principal structure, either on the same lot or an adjacent lot, unless it is attached to, or forms a part of, such principal structure;

(3)

Shall, on corner lots, be set back from the side street a distance not less than that required for the principal structure; and

(4)

Fences shall comply with article XII of chapter 8; and

(5)

In no event shall an accessory building or structure be allowed which is larger in size or area than the principal building, structure or use it serves.

(c)

Use limitations. Accessory structures and uses shall comply with the use regulations applicable in the zoning district in which they are located, but no accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

(Code 1966, § 36-402; Ord. No. 81-874, § 1, 9-14-81; Ord. No. 87-9179, § 1, 4-13-87; Ord. No. 89-9352, §§ 1, 2, 11-13-89; Ord. No. 93-9593, § 1, 9-20-93; Ord. No. 98-9903, § 1, 12-7-98; Ord. 05-10264, § 1, 4-4-05; Ord. No. 09-10484, § 1, 2-23-09)

(a)

Intent. It is the intent of the following regulations to provide for and govern the operation of certain temporary or seasonal uses.

(b)

Permits for temporary uses. Applications for a temporary use permit shall be made to the zoning administrator at least three (3) days before the starting date of the temporary use and shall contain the following:

(1)

The commonly known address of the property to be used, rented or leased for the temporary use, including all information necessary to accurately describe the subject property;

(2)

A complete description of the proposed use, including dates and time schedules for operation of the use;

(3)

The name, address and phone number of the applicant, the property owner and the person(s) responsible for the use if different than the applicant or property owner; and

(4)

A statement describing provisions which will be made for sanitation facilities, utility services, parking, traffic control, security, fire safety, medical emergency and first aid, noise control and cleanup and restoration.

(c)

General requirements. Temporary use permits shall be issued by the zoning administrator, unless otherwise specified by these regulations. Said permit shall be issued only if all the following criteria are met in the opinion of the zoning administrator:

(1)

Adequate off-street parking with an approved surface shall be provided for customer vehicles outside the roadway improvement area;

(2)

Signs may not be larger than ten (10) square feet and must comply with the sign regulation provisions of these regulations;

(3)

Structures or product displays shall not be placed inside the visual sight triangle at intersections;

(4)

Adequate sight distances shall be available for vehicles entering and leaving the temporary use site;

(5)

Noise, odor or light emissions from the site shall not present an interference with the enjoyment or use of the property or a hazard to adjoining properties or public ways. Artificial lighting shall not illuminate any nearby dwellings and sound from public address systems shall not exceed sixty (60) DBA at the property line of residences;

(6)

Adequate provision for sanitary waste and trash disposal shall be provided by the applicant. Trash, rubbish and waste products shall be removed from the premises daily;

(7)

Utility services provided shall comply with applicable building, electrical, plumbing, fire, safety, sanitation, public health and other codes, laws or regulations applicable to the use and shall be installed only under permits obtained as required by such codes; and

(8)

The site shall be cleaned up and restored to its previous condition upon expiration of the temporary use permit.

(d)

Specific uses and regulations. The following are considered temporary uses and are subject to the following specific regulations and time limits in addition to the regulations of any zone in which they are located:

(1)

Consumer fireworks facility. A temporary use permit may be issued for a consumer fireworks facility for the display and sale of approved consumer fireworks to the public for personal use on a C-3, C-5, C-6, C-7 zoned property for the period beginning on June 27 and ending on July 4 in any calendar year provided that the following additional provisions are met:

a.

Consumer fireworks facilities may operate from tents or canopies only, with a maximum size of fifty-eight hundred (5,800) square feet. Consumer fireworks may not be sold from trailers or any form of temporary building or structure. Tents or canopies must be inspected by the Fire Department prior to being stocked with merchandise and must comply with NFPA, Chapter 7.

b.

Only one (1) consumer fireworks facility shall be permitted on a zoning lot.

c.

The location of any tent or canopy used as a consumer fireworks facility must comply with the following setbacks:

1.

The tent or canopy shall be located at least twenty-five (25) feet from the right-of-way of any public street.

2.

The tent or canopy must be located at least three hundred (300) feet from any residentially zoned property.

3.

The tent or canopy must be located at least fifty (50) feet from any other structure on the zoning lot or adjoining zoning lot.

4.

The tent or canopy must be located at least twenty (20) feet from any adjoining nonresidential property line.

5.

The tent or canopy must maintain a ten-foot separation from any parked vehicles on the zoning lot or adjoining zoning lot.

6.

The tent or canopy must maintain a three hundred-foot separation from any fueling facility.

7.

A single secure storage unit for consumer fireworks inventory meeting NFPA standards and not exceeding four hundred twenty-four (424) square feet in size may be located on the site of the consumer fireworks facility but must maintain a twenty-foot setback from the tent or canopy and any other structure on the zoning lot or adjoining zoning lot.

d.

The location of the consumer fireworks facility shall have access from a public street from an approved driveway curb cut. The location and entrance of the tent on the site shall not create any hazard relating to the movement or circulation of traffic or pedestrians either on the zoning lot it is located on or adjacent public streets.

e.

Consumer fireworks facilities are only permitted on zoning lots that have surplus parking based on the city's off-street parking requirements. The location of the consumer fireworks facility may not occupy or displace areas utilized as required off-street parking or loading areas for another use on the zoning lot. Off-street parking shall be provided at a ratio of one (1) space per two hundred (200) square feet of space occupied by the temporary tent, but in no instance shall there be less than five (5) off-street paved parking spaces, including at least one (1) van accessible handicap parking stall, at or near the location of the operation.

f.

Advertising banners may be attached to the exterior of the sales tent. In addition, one (1) ground sign not exceeding thirty-two (32) square feet shall be permitted on the same zoning lot as the consumer fireworks facility. The sign may be illuminated but shall not be a flashing sign. No balloons or other inflatable attention getting devices or rotating searchlights shall be permitted on site. All off-premise advertising signs must comply with the requirements of the sign regulations in chapter 42 and may not be placed in the public right-of-way. No person shall be allowed within any street right-of-way directing or flagging vehicles into the sales location.

g.

Firework sales at consumer fireworks facilities shall be restricted to the hours of 8:00 a.m. to 10:00 p.m.

h.

A person eighteen (18) years of age or older shall be present to supervise the operation of the stand at all times.

i.

Each consumer fireworks facility shall have a portable restroom unless there are public restrooms on the site and the facility operator has obtained formal permission to use them.

j.

The location of the consumer fireworks facility shall be maintained in a clean, clutter free environment and free of blowing trash. The applicant shall provide at the time of application their method for the proper disposal of waste.

k.

Upon closure of the consumer fireworks facility, all inventory must be removed from the site (tent and storage unit) by July 7. The tent and all trash and trash receptacles, portable restrooms, fences, barriers, tie-down materials and all other items associated with the temporary sale shall be removed from the site by July 17.

l.

The police department, fire department and/or planning department shall periodically inspect such consumer fireworks operations for compliance with the above listed standards. Upon a report and recommendation from a police officer, fire marshal or the zoning administrator, the city manager may revoke or suspend a consumer fireworks temporary use permit and shall have the authority to close any facility operating in violation of these provisions.

m.

Applications for consumer fireworks facility shall be filed with the city clerk and shall include the following:

1.

A site plan of the proposed facility site drawn to an accurate scale and showing all pertinent information, including:

i.

The proposed location and size of the tent or canopy that would be erected for the display and sale of fireworks and the location and size of any storage unit to be placed on the site;

ii.

The proposed location of any portable restrooms and/or waste containers;

iii.

The distance from the tent to the nearest public street right-of-way.

iv.

The distance from the tent to all abutting property lines;

v.

The distance from the tent to all other structures on the site and adjoining property;

vi.

The distance from the tent to any nearby fueling facilities;

vii.

The number and location of fire extinguishers, water barrel and / or hoses as required by KAR 22-6-4 and amendments thereto;

viii.

The number and location of off-street parking spaces at the facility, including handicap accessible spaces; and

ix.

The location of the electrical power source serving the facility. If power will be furnished by a generator, the proposed location of the generator.

(The application material shall provide sufficient information, as determined by the zoning administrator, to allow a complete review of the proposal. The application material shall also include sufficient detail to indicate compliance with all performance standards. Failure to provide adequate information may result in the rejection of the application.);

2.

The name and phone number of the individual responsible for overseeing the operation of the consumer fireworks facility and a copy of the lease or other written agreement between the facility operator and the owner of the property if applicable;

3.

A copy of the written permission obtained from the business or property owner to allow the facility's employees and customers to utilize the public restrooms on site, if applicable;

4.

A copy of a sales tax certificate obtained from the State of Kansas;

5.

A copy of the certificate of flame retardant treatment for the tent; and

6.

Proof of general liability insurance coverage for the facility.

n.

Contractor's office. A temporary use permit may be issued for a contractor's temporary office and equipment shed, tent, or shipping container incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations. The permit shall be valid for no more than one (1) year, but may be renewed while construction work is in progress. The office, equipment shed, tent or shipping container shall be removed upon completion of the construction project.

o.

Temporary living quarters for emergency service provides. A temporary use permit may be issued for temporary living quarters in a temporary structure for emergency service providers and responders, including but not limited to fire department personnel, ambulance service personnel and law enforcement agencies who provide services to the general public, if it is incidental to a construction project. The permit shall be valid for no more than one (1) year but may be renewed while construction work is in progress. The temporary structure shall be removed from the site within 30 days after the issuance of a certificate of occupancy for the construction project.

p.

Real estate project sales office. A temporary use permit may be issued for a temporary real estate sales office in any new subdivision which has been approved by the planning commission. The permit shall be valid for no more than one (1) year, but is renewable. The office shall be closed upon sale or lease of all dwelling units in the development. The office shall contain no sleeping or cooking accommodations unless located in a model home.

q.

Tents for religious, civic group, or fraternal organization gatherings. A temporary use permit may be issued for tents or other temporary structures and related facilities to house and serve special observances, religious meetings, cultural events or entertainment programs sponsored by a local civic, religious, or recognized duly chartered fraternal organization for a period of no more than fourteen (14) days, unless otherwise approved by the zoning administrator. A temporary use permit shall not be required for tents or other temporary structures placed on public parking lots located within the arts, commerce and entertainment (A.C.E.) district.

r.

Carnivals, circuses, tent shows and outdoor concerts. A temporary use permit may be issued for a carnival, circus, tent show or outdoor concert located on private property that does not require support services from the city for a period of up to fourteen (14) days. However, the permit may be renewed or extended upon application to the zoning administrator. A temporary use permit shall not be required for carnivals, circuses, tent shows or outdoor concerts taking place on public parking lots located within the arts, commerce and entertainment (A.C.E.) district. A temporary use permit may be issued for a carnival, circus or tent show, as defined in section 6-16 of this Code, for a period that does not exceed fourteen (14) days. However, the permit may be renewed or extended upon application to the zoning administrator.

s.

Open air markets. A special use permit may be issued by the planning commission for the operation of open air markets, including outdoor flea markets, farmer's markets or roadside produce stands after the commission has held a public hearing in accordance with the procedures established in section 42-24 of this Code, subject to the following provisions:

1.

An outdoor flea market may operate in a C-3 or higher commercial or industrial district, or in the parking lot of a church located in any zoning district and is defined as any place where the owner or operator thereof allows more than one (1) person to sell merchandise from outdoor stalls, booths, stands, etc., which are not open for business on a daily basis. The permit shall be valid for a calendar year and may be renewed administratively on an annual basis by the zoning administrator following initial approval by the planning commission.

2.

A farmer's market may operate in a C-3 or higher commercial or industrial district and is defined as any place, with or without permanent buildings or structures, where fruit, vegetables, produce, handmade crafts, etc., are sold from more than one (1) produce stand operated by different persons. The permit shall be valid for a calendar year and may be renewed administratively on an annual basis by the zoning administrator following initial approval by the planning commission.

3.

A roadside stand may be located in an A-1 or C-3 or higher district and is defined as a temporary structure used by one (1) operator for the sale of farm produce. The permit shall be valid for no more than six (6) continuous months in a calendar year. No produce sales shall be made within thirty (30) feet of the roadway improvement. Area for a roadside stand operating more than one (1) month per year, an off-street parking area shall be provided.

4.

Application requirements.

i.

Pre-application conference. Prior to the acceptance of a special use permit application, applicants shall participate in a pre-application conference with the planning department for the purposes of discussing application requirements, specifics of the site and plans for parking, traffic control, pedestrian safety, the need for utilities and/restroom facilities, trash disposal and site clean up.

ii.

Applications for a special use permit for an open air market shall be filed with the planning department and shall include the following:

(A)

A plot plan of the site drawn to an accurate scale and showing all pertinent information, including proposed parking areas. (The application material shall provide sufficient information, as determined by the zoning administrator, to allow a complete review of the proposal.); The application material shall also include sufficient detail to indicate compliance with all performance standards. Failure to provide adequate information may result in the rejection of the application.

(B)

The name and phone number of the individual responsible for overseeing the operation of the open air market and a copy of the lease between the operator and the owner of the property if applicable;

(C)

A statement indicating the number of vendors that will be setting up booths, stands or tables at the market;

(D)

A statement describing any temporary structures that will be erected on the site;

(E)

A statement describing the provisions made for off-street parking and pedestrian access to the site; and

(F)

A statement indicating proposed measures designed to minimize potentially adverse effects, including trespassing, on adjacent properties.

5.

Conditions. In granting a special use permit, the planning commission may impose appropriate conditions and safeguards including but not limited to commencement and termination dates, dates and hours of operation, improved traffic circulation, pedestrian safety requirements, parking requirements, or any other requirements which the commission deems appropriate upon a finding that they are necessary to fulfill the purpose and intent of this chapter.

6.

Denial of special use permit. Any decision to deny a special use permit under this section shall be made in writing and shall state the specific reasons for the denial. Any denial made by the planning commission may be appealed to the board of city commissioners. Any denial by the board of city commissioners shall be deemed a final administrative decision, subject to judicial review and appeal. In the event that a special use permit application is denied by the planning commission or board of city commissioners for a particular location, no new request for the same or substantially similar special use permit shall be accepted or processed for that location during the same calendar year.

7.

Protests. The notification and protest area for special use permit applications shall be two hundred fifty (250) feet from the proposed open air market. If a special use permit is approved by the planning commission, affected property owners shall have the same right to present a protest petition to the board of city commissioners and appeal that decision as property owners in rezoning cases. The protest procedure shall be as provided in K.S.A. 12-708 and section 42-26(b) of this chapter.

8.

If an operator of an open air market fails to comply with the conditions upon which a permit was approved by the planning commission, or the board of city commissioners, the city manager may revoke the special use permit and direct the open air market to cease operation. Revocation of a special use permit may be appealed to the board of city commissioners.

9.

No special use permit shall be required for open air markets operating on a public parking lot located within the Arts, Commerce and Entertainment (A.C.E) District.

t.

Moveable structures.

1.

A temporary use permit may be issued for the sale of merchandise, food, or services from a motor vehicle, recreational vehicle, trailer, or tent on a lot or portions thereof that are vacant or used for parking, provided the following conditions are met:

i.

Such sales are conducted by the owner or lessee of the property on which it is conducted.

ii.

Such sales are temporary and limited to one (1) event comprising a maximum of two (2) consecutive weeks in any six-month period.

iii.

Applicants for sales from moveable structures shall submit a site plan, including, without limitation, the location, setback from property line, screening, sign and fence locations, if applicable and electric meter locations or power source.

iv.

Applicants for sales shall obtain the appropriate sales tax license and, if applicable, a food service license.

v.

Such sales may not be located within any area utilized as the required parking or loading area for another use or on public right-of-way.

vi.

Upon termination of the sale, the lot or parcel shall be returned substantially to its original condition. All litter, fences, borders, tie-down materials, and other items associated with the temporary sale shall be removed from the site.

vii.

Mobile food vendors who operate for fourteen (14) days or less on a vacant lot, parking lot or at a special event shall be considered temporary food establishments. A temporary use permit shall not be required for mobile food vendors accessory to a permitted use or approved conditional use which operate for eight (8) hours or less at a given location or for mobile food vendors operating within the Arts, Commerce and Entertainment (A.C.E) District.

2.

Any person or persons who operates or sells food from a stationary cart or trailer mounted on a chassis, but without an engine, at a location for a period of 15 days or greater shall be considered a mobile food vendor. Mobile food vendors are permitted as an accessory use to a permitted or approved conditional use in the H-M, C-3, C-4, C-5, C-6, and C-7 districts and all industrial districts provided the following conditions are met:

i.

Mobile food vendors shall be located on private property where an existing, permanent business operates in a building with a certificate of occupancy.

ii.

Mobile food vendors shall provide the city with a copy of written permission from the property owner on an annual basis to allow the operation of a mobile vendor and to allow the mobile vendor and their customers access to a commercially plumbed public restroom on site.

iii.

A mobile food vendor shall submit a site plan depicting the location of the mobile food vendor on the property, and shall secure a food service establishment license from the state department of agriculture prior to the operation of such use in any location.

iv.

Temporary connections to potable water are prohibited. Water shall be from an internal tank, and electricity shall be from a generator or an electrical outlet via a portable cord that is in conformance with the electrical code as adopted by the city.

v.

Mobile food vendors shall be located within fifty (50) feet of an entrance of a primary building that holds the certificate of occupancy.

vi.

Mobile food vendors may operate only during the business hours of the primary business on the property.

vii.

The operator shall possess a sales tax certificate number from the State of Kansas.

viii.

Mobile food vendors shall not operate in parking spaces, driveways, fire lanes or public roads.

ix.

A drive through is not permitted in conjunction with the mobile food vendor.

x.

Sales of food from a stationary vehicle shall exclude motorized catering trucks.

xi.

Mobile food vendors may not operate from a temporary building.

xii.

A temporary use permit shall not be required for mobile food vendors operating withing the arts, commerce and entertainment (A.C.E) district.

u.

Garage sales. No permit is required for a garage sale, as defined, in any residential district which is limited to one (1) event comprising a maximum of three (3) consecutive days in any six-month period. Where such sale is conducted on premises exterior to any structure, all sale items shall be removed from such exterior premises within one (1) day following the day the sale is concluded.

(e)

Appeals. Any applicant who is denied a temporary use permit may appeal the zoning administrator's decision to the board of zoning appeals in accordance with section 42-597 of these regulations.

(Code 1966, § 36-403; Ord. No. 89-9331, §§ 1, 2, 8-14-89; Ord. No. 03-10149, § 1, 7-7-03; Ord. No. 07-10380, § 1, 3-19-07; Ord. No. 09-10511, § 1, 8-17-09; Ord. No. 11-10592, § 1, 3-14-11, 15-10781, § 1, 7-6-15, 16-10831, § 1, 5-2-16; Ord. No. 18-10971, § 1, 9-17-18; Ord. No. 25-11246, § 1, 6-9-25)

A home occupation may be a permitted accessory us in all residential districts if the following conditions are met:

(1)

Restrictions and limitations.

a.

The home occupation shall be conducted entirely within the principal residential building, except as provided by this chapter, and such use must be clearly incidental and secondary to the residential use of the building;

b.

No more than twenty-five (25) percent of the gross floor area of a dwelling unit shall be devoted to the home occupation, provided however, that rooms let to roomers are not subject to this limitation;

c.

No alteration of the principal residential building shall be made that changes the character of that building as a residence;

d.

No display of storage of equipment or material outside of a building or structure shall be permitted;

e.

No mechanical or electrical equipment other than normal domestic or household equipment shall be used and the home business must not involve the use of hazardous chemicals or flammable liquids;

f.

The home business must be operated by a resident of the dwelling, employees or other assistance shall be limited to immediate members of the family residing on the premises, except for group day care homes where an off-site helper or employee shall be allowed;

g.

No stock in trade (except articles produced by members of the immediate family) shall be displayed or sold on the premises;

h.

No exterior sign or display shall be permitted, except that one (1) non-illuminated wall sign not more than two (2) square feet in sign area may be used to advertise the home occupation;

i.

The home occupation shall not project any obnoxious noise, smoke, dust, odor or glare so as to create a nuisance or adverse condition upon adjoining properties or dwelling units;

j.

The home occupation shall not generate traffic in a volume that would create a need for parking greater than that which can be accommodated on the premises or which is inconsistent with the normal parking usage of the district;

k.

A home occupation conducted in a garage or accessory building shall not be in operation earlier than 7:30 a.m. or later than 10:00 p.m.;

l.

The operator of a home business must obtain a home occupation certificate from the zoning administrator. The certificate is not transferable, it may not be transferred to a different occupant or to a new location.

(2)

Particular home occupations permitted. Permitted home occupations include, but are not limited to, the following list of home occupations, provided, however, that each listed occupation is subject to the restrictions and limitations above:

a.

Home teaching or instruction, including music and dance, provided no more than three (3) students are taught at any one time and no more than twelve (12) students per day;

b.

Family day care homes, licensed day care homes and group day care homes providing care for no more than twelve (12) children in an occupied dwelling licensed by the Saline County Health Department, provided such homes shall have all yard areas enclosed that are devoted to such use and provided that off-street parking is provided for off-site helpers.

c.

Artists, sculptors, authors, composers, photographers;

d.

Barber and beauty shops, provided that only one (1) chair and operator shall be permitted;

e.

Dressmaker, seamstress, tailor;

f.

Minister, rabbi, priest;

g.

Office facility for realtors, insurance agents, brokers, sales representatives when no exchange of tangible goods is made on the premises;

h.

Professional offices for physician, dentist, lawyer, architect, engineer, accountant, bookkeeper or other similar profession;

i.

Home crafts, baking, food preparation, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home, including machinery or equipment that would customarily be employed in connection with a hobby or avocation not conducted for gain or profit;

j.

Repair of items such as small appliances, personal electronic goods such as radios, televisions and stereos, furniture and hunting and fishing gear provided that the use fully conforms with the performance requirements for home occupations;

k.

Hobby breeders, provided that no more than ten (10) dogs are kept on a zoning lot and that the provisions of section 7-102 have been complied with.

(3)

Particular home occupations prohibited.

a.

Automobile and other motor vehicle repair and painting services; except for automobile window tinting which is permitted under the provisions of section 42-60(4)d.

b.

Electronic cigarette establishments;

c.

Funeral homes;

d.

Medical or dental clinics;

e.

Preschools and child care centers, unless specifically permitted by the district regulations;

f.

Rental of trailers, cars or other equipment;

g.

Restaurants;

h.

Retail sales such as antiques, secondhand merchandise, salesman's samples, etc.;

i.

Stables, kennels and animal hospitals;

j.

Tattoo parlors and body piercing studios.

(4)

Special provisions. A home occupation certificate may be issued by the board of zoning appeals for the following uses, if the board of zoning appeals finds that the proposed use will not have an adverse effect on neighboring properties;

a.

Any of the uses listed in subsection (2) above may be conducted in a detached garage or accessory building if the board of zoning appeals finds that the proposed use will conform with the performance requirements for in-home home occupations.

b.

Bed and breakfasts, provided the dwelling has no more than six (6) guest rooms and no meeting rooms or convention facilities, and provided that at least one (1) parking space for every two (2) rooms can be accommodated on site.

c.

Small engine repair, including lawn mowers, provided that repair activity is conducted within a structure.

d.

Automobile window tinting, provided that there shall be no outdoor storage of materials and/or supplies including vehicles or equipment used in the conduct of the business.

(Code 1966, § 36-404; Ord. No. 81-8863, § 1, 8-3-81; Ord. No. 89-9353, §§ 1, 2, 11-13-89; Ord. No. 10-10539, § 1, 3-15-10; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 23-11175, § 8, 10-2-23)

(a)

Not more than one (1) principal residential structure shall be located on a single zoning lot, unless permitted by the district regulations in which located, nor shall a principal residential building be located on the same zoning lot with any other principal building, except as may be permitted by article VII of this chapter relating to planned development districts.

(b)

In agricultural, commercial or industrial districts, any number of structures (except residential structures) and uses may be constructed or established on a single zoning lot, but no single zoning lot shall be smaller than the minimum lot area prescribed for the district in which it is located.

(c)

No land which is located in a residential district shall be used for a driveway, walkway or access purpose to any land which is located in any commercial or industrial district.

(Code 1966, § 36-405)

The health department shall approve all proposed sewer and water systems other than those defined as public.

(Code 1966, § 36-406)

Cross reference— Water and sewers generally, ch. 41.

(a)

No building or structure, nor any addition thereto, shall be constructed or placed within any platted or recorded public easement, unless expressly authorized by the board of commissioners. Prior to granting such authorization, the city shall consult with public utilities whose lines may be affected. In granting such authorization, the board of commissioners may impose conditions necessary to protect any existing or future utility lines places within the easement. A property owner may place buildings or structures not requiring a building permit and fences, trees, shrubs and other nonstructural improvements within a utility easement at his or her own risk (i.e., removal, relocation, or replacement) without special authorization provided required permits have been obtained.

(b)

No property owner may construct maintain or allow any natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fences, walls or pole signs) within any drainage easement dedicated, purchased or otherwise granted to the public which the city engineer finds obstructs, impedes, or otherwise interferes with the drainage of stormwater. Drainage easements shall not be filled or otherwise physically altered without the written approval of the city engineer.

(Ord. No. 91-9486, § 1, 12-9-91; Ord. No. 04-10219, § 1, 7-26-04)

On and after January 1, 1992, residential design manufactured homes, as defined in this chapter, shall be permitted in any residential district when in compliance with the following architectural and aesthetic standards:

(1)

The home shall have a minimum of eight hundred eighty (880) square feet of main floor living area, excluding any attached garage or porch, and the longest exterior dimension of the body shall be not more than two and one-half (2½) times the shortest exterior dimension.

(2)

The roof shall be double-pitched and have a minimum vertical rise of three (3) inches for each twelve (12) inches of horizontal run, and shall be covered with material that is residential in appearance, including but not limited to wood, asphalt, composition or fiberglass, or metal roofing material. The roof shall have a minimum eave projection or overhang of ten (10) inches on at least two (2) sides, which may include a four-inch gutter.

(3)

The exterior siding shall be made of nonreflective material customarily used on site-built dwellings, such as wood, composition or simulated wood, clapboards, conventional vinyl or metal lap siding, brick, stucco, or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior foundation or curtain wall and the joint shall be flashed in accordance with city building codes.

(4)

The home shall be installed in accordance with the recommended installation procedures of the manufacturer and city building codes. The running gear, tongue, axles, and wheels shall be removed from the unit at the time of installation. A continuous, permanent masonry foundation or permanent masonry piers with masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the home.

(5)

The home shall have a garage and covered porch at the main entrance, if fifty (50) percent or more of existing homes on the same and/or adjacent block face have garages and/or covered porches. Where required or installed, the roofing and siding material must be of a type approved for the home itself.

(6)

Any site-built addition to the home or detached accessory building shall comply with city building codes.

(Ord. No. 91-9487, § 1, 12-9-91)

Landscaping regulations are as follows:

(1)

Intent and purpose. The intent and purpose of these landscaping regulations are as follows:

a.

Enhance the visual appearance of the community through the use of trees and landscape materials to create an aesthetically pleasing environment.

b.

Encourage trees and landscape vegetation to screen unsightly views, soften hard architectural lines, frame buildings and views, and buffer uncomplimentary land uses.

c.

Improve environmental conditions by providing air purification, oxygen regeneration, ground water recharge, storm water runoff retardation, and noise and glare reduction.

d.

Increase the energy-efficiency of buildings through the control of wind, sun and shade by the proper placement of trees and landscape vegetation.

e.

Preserve and protect existing trees and natural landscape areas from destruction and removal.

(2)

Applicability. The regulations established herein shall apply to all new development and substantial levels of redevelopment and/or additions within the corporate boundaries of the city, except single-family detached dwellings, single-family attached townhomes, duplex dwellings and any development occurring on property zoned A-1 agricultural, MH-S manufactured home subdivision, U university, C-4 central business district, I-2 light industrial, or I-3 heavy industrial under chapter 42 of this Code.

(3)

Definitions. For the purpose of this section, the following words and terms as used herein are defined to mean the following:

a.

Landscape material: Shall consist of such living material as trees, shrubs, ground cover/vines, turf grasses, and nonliving material such as: rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and/or other items of a decorative or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc.

b.

Landscaped open space: All land area within the property lines not covered by building or pavement.

c.

Turf grass: A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes.

d.

Native grasses: Species of perennial grass other than those designated as noxious weeds by the state.

e.

Ground cover: Landscape materials, or living low-growing plants other than agricultural crops and turf grass, installed in such a manner so as to form a continuous cover over the ground surface.

f.

Shrubs: Any self-supporting, woody plant of a species which normally grows to an overall height of less than fifteen (15) feet in this region.

g.

Trees: Any self-supporting, woody plant of a species which normally grows to an overall minimum height of fifteen (15) feet in this region.

h.

Deciduous trees: Generally those trees which shed their leaves annually, such as ash, oak, maple, etc.

i.

Evergreen trees: Generally those trees which do not shed their leaves annually, such as pine, spruce, cedar, etc.

j.

Ornamental trees: Generally trees thirty (30) feet or less in height at maturity, including flowering trees and "patio" trees.

k.

Shade trees: Generally deciduous trees that reach a height of thirty (30) to sixty (60) feet or taller at maturity.

l.

Street trees: Any tree located within the city right-of-way on either side of all public avenues, or ways.

m.

Yard trees: Any tree which is not a street tree as defined in this subsection.

n.

Significant stands of trees: A group of twenty (20) or more trees, with a minimum two-inch caliper and/or seven (7) or more feet in height, located within an area of approximately two thousand five hundred (2,500) square feet.

o.

Xeriscape: A landscaping method developed especially for arid and semiarid climates that utilizes water-conserving techniques (such as the use of good planning and design, practical turf areas, drought tolerant plants, soil improvements, use of mulches, efficient irrigation, and good maintenance).

(4)

Landscape plans required. The landscape plan requirements of these regulations are as follows:

a.

A landscape plan shall be submitted in connection with other plans to develop property covered by these regulations. In the case of requests to rezone property to PDD planned development or PC planned commercial, the landscape plan shall be submitted at the time of the rezoning application and shall be approved by the planning commission. For other developments, the landscape plan shall be submitted at the time of the building permit application and shall be approved by the zoning administrator prior to the issuance of the building permit. The approval plan shall be binding on present and future property owners, unless formally amended.

b.

All landscape plans shall include the following information:

1.

A north arrow and scale.

2.

The location of all proposed landscape materials including existing trees proposed to be saved.

3.

A listing of the proposed plant materials indicating the type, number and size at the time of planting.

4.

The location of proposed structures and parking areas showing the type of surfacing.

5.

The location, type and size of all aboveground and underground utilities.

6.

Topography and final grading adequate to specify plantings for sloping areas.

7.

Proposed plans for provision of water to plant materials.

8.

Any other provisions applicable to the project including measures to be taken during construction to protect existing trees to be saved or plans requiring excavation or construction within street right-of-way or utility easements.

(5)

Required landscaping for front yards.

a.

The minimum amount of landscaped area in the front yard of covered zoning districts and uses when located adjacent to public streets shall be as follows:

1.

On a zoning lot with an average depth of one hundred fifty (150) feet or less: ten (10) square feet of landscaped front yard per lineal foot of street frontage.

2.

On a zoning lot with an average depth of more than one hundred fifty (150) feet but less than two hundred fifty (250) feet: fifteen (15) square feet of landscaped front yard per lineal foot of street frontage.

3.

On a zoning lot with an average depth of more than two hundred fifty (250) feet: twenty (20) square feet of landscaped front yard per lineal foot of street frontage.

For zoning lots with frontage on two (2) or more streets (i.e., two (2) or more front yards), the amount of landscaped front yard required along each street frontage may be reduced by thirty (30) percent.

b.

A minimum of one (1) shade tree or three (3) ornamental trees shall be planted for every five hundred (500) square feet of required landscaped front yard.

c.

The following design standards shall apply to required landscaping and trees in front yards:

1.

Trees shall be selected from the Recommended Tree List for Salina.

2.

The minimum size at the time of planting of required trees shall be as follows: shade trees—one and one-half-inch caliper measured six (6) inches above the ground; ornamental trees—one-inch caliper measured six (6) inches above the ground; evergreen trees—five (5) feet in height.

3.

Trees shall be located in planter areas of sufficient size to allow for growth, prevent damage from vehicles, and avoid unnecessary maintenance to structures, walks and drives; a minimum of twenty-five (25) square feet of permeable area around each tree is recommended.

4.

Adequate distance between individual trees shall be provided; minimum spacing should be fifteen (15) feet for ornamental trees and thirty (30) feet for shade trees.

5.

Shrubs, ground cover and other landscape plantings shall be selected from the recommended xeriscape plant list for Salina. Comparable plantings may also be selected with the approval and consent of the city forester and the zoning administrator, if the proposed plantings are demonstrated to meet the city's objective of providing attractive landscapes with minimal water usage.

6.

Shrubbery may be substituted for up to one-third (⅓) of the required trees at the rate of ten (10) shrubs per one (1) required tree. Substitute shrubbery shall attain a mature height of at least two (2) feet and shall be no less than two-gallon container size at time of planting.

7.

The required trees and shrubs (except evergreen varieties) may be located in adjacent public right-of-way if approved by the city engineer, there are no conflicts with utilities, and the plantings are located no closer than three (3) feet to the curb line of adjacent streets. No tree shall be planted between the curb and the sidewalk if the clear space is less than five (5) feet wide.

8.

Trees, shrubbery, walls and fences located near the intersection of streets shall maintain sight visibility clearance as specified in chapter 35 of this Code. All fences and walls shall be built with the finished side out and located toward the private property side of required landscaped front yards to maintain a landscaped appearance along the street.

(6)

Required buffers.

a.

A landscaped buffer is required along the common property line in any nonresidential development in any zoning district where such development is adjacent to any residential development and in any multifamily residential development (a development with three (3) or more dwelling units in one (1) building excepting single-family attached townhouses) in any zoning district where such development is adjacent to single-family residential development.

b.

The design standards for landscaped buffers shall be as follows:

1.

The required buffer shall be a minimum of fifteen (15) feet in width. For developments with more than one (1) required landscaped buffer, the width of each buffer may be reduced to ten (10) feet.

2.

There shall be one (1) shade tree and five (5) shrubs or two (2) ornamental trees and five (5) shrubs for each fifty (50) feet of the length of the buffer.

3.

A minimum of one-third (⅓) of the trees and shrubs shall be evergreen.

4.

Parking spaces serving any use allowed in the C-1 district or any district of lesser classification may be located within the required buffer not closer than five (5) feet from the property line provided a dense planting screen or solid wall or fence is installed. No buildings, driveways, or accessory facilities may be located within any portion of a required buffer.

5.

Standards specified in subsection (5)c shall also apply to landscaped buffers.

(7)

Parking lot screening.

a.

Open unenclosed parking areas containing more than six (6) parking spaces shall be effectively screened from adjacent residential developments and streets when located within one hundred (100) feet thereof, except at points of ingress and egress, to a minimum height of six (6) feet adjacent to residences and three (3) feet adjacent to streets above the parking surface by the use of walls, fences, bermed lawns and/or plantings.

b.

Parking lots containing more than fifty (50) spaces shall contain landscaped islands equal to five (5) percent of the total paved area. Such islands shall be in addition to the other landscaped area requirements.

c.

The design standards for parking lot screening shall be as follows:

1.

Vertical walls and decorative fences should avoid a monotonous appearance by architectural variation or use of trees, shrubs and/or vines.

2.

Parking lot screening may be located within and substituted for required landscaped front yards and buffers provided that the minimum number of trees otherwise required are established. Shrubs used to meet screening requirements shall not substitute for required trees.

3.

Landscape materials should be located in a planting strip having a minimum width of three (3) feet where walls and fences are combined with vines and shrubs, five (5) feet where trees and shrubs are used exclusively, and ten (10) feet where berms are combined with trees, shrubs, walls or fences to create the screening effect. The planting strip shall be measured from the edge of the parking lot paving to the edge of the adjacent sidewalk or property line.

4.

Standards specified in subsection (5)c shall also apply to parking lot screening.

d.

Trash receptacles, mechanical equipment, and service areas shall also be screened from pedestrian access ways and the street right-of-way.

(8)

Other landscape standards. The following additional landscape standards shall also apply:

a.

Existing trees may be credited toward the required number of trees provided all of the following conditions exist:

1.

The trees are healthy, at least one and one-half (1½) inches in caliper measured six (6) inches above the ground, and are a desirable species as determined by the city forester.

2.

The trees are located within the street right-of-way or are within twenty-five (25) feet of the property line.

3.

Provisions are taken to protect the trees during construction to ensure long-term survival.

b.

Landscape plantings should be planted, mulched and staked according to Publication #L-802 "Woody Plant Material and Installation Specifications" published by the state forestry division.

c.

Landscaping shall not interfere with the function or accessibility of any gas, electric, water, sewer, telephone or other utilities or easements. Prior to excavation within any public right-of-way or easements, the location of all underground utilities shall be determined and any required permits shall be obtained.

d.

Required landscaped area shall consist of a minimum of sixty (60) percent in ground surface covered by living plant materials from the recommended xeriscape plant list turf grass. The remaining forty (40) percent may be covered with bark, wood chips, rock, bricks, stone or similar nonliving materials provided an effective weed barrier is installed.

e.

All land area not covered by landscaping, paved parking, drives and walkways, and structures shall be seeded with warm season perennial turf grass and regularly mowed and maintained in a proper appearance, except that up to fifty (50) percent of the total turf grass area may be devoted to cool season grasses.

(9)

Maintenance. The maintenance requirements for all landscaping areas shall be as follows:

a.

The landowner is responsible for the maintenance of all landscaped areas and shall keep them in a proper, neat and orderly appearance and free from litter and debris at all times.

b.

Maintenance shall include mowing, trimming, weeding, mulching, restaking, pruning, fertilizing, disease and insect control and other necessary operations.

c.

All landscaped areas shall be provided with a permanent water supply, except as otherwise shown on the landscape plan and approved by the city. Irrigation systems shall be designed and operated to avoid watering impervious surfaces and streets. Landscape designers and property owners are required to utilize xeriscaping and take advantage of its water saving principles and practices.

d.

The city shall have the authority to require that all dead trees, shrubs and plants be replaced during the next planting season.

(10)

Exceptions and modifications. The provisions of this section may be excepted or modified as follows:

a.

The expansion or redevelopment of a site utilizing all or parts of an existing building(s) shall not be required to meet the landscaping requirements of this section, except as follows:

1.

When the value of renovation or reconstruction exceeds fifty (50) percent of the appraised value of existing improvements, as determined by the county appraiser; or

2.

When there is more than a thirty (30) percent increase in the gross floor area of existing buildings on the site.

b.

Where there exists extraordinary topography, existing vegetation, land ownership, site boundaries and dimensions, adjacent development characteristics or other exceptional circumstances or conditions, the zoning administrator may modify or vary the strict provisions of these regulations as is deemed appropriate, provided the intent and purpose of this section is maintained.

(11)

Completion or assurances for installation.

a.

Prior to the issuance of a certificate of occupancy for any structure where landscaping is required, except as provided in subsection b. below, all work indicated on the approved landscape plan shall be completed, inspected and approved by the zoning administrator. Prior to approval, the quantities, locations, types and sizes of plants and other landscape materials shall be checked for compliance.

b.

A landowner may obtain a certificate of occupancy for a structure prior to completion of required landscaping work if completion is not possible due to seasonal or weather conditions, and if acceptable assurances are submitted guaranteeing the completion of said landscaping. The acceptable assurance, such as an irrevocable letter of credit, performance bond, certified check, or escrow account, shall be equal to one hundred twenty-five (125) percent of the cost to complete the landscaping work and shall be accompanied by a written agreement assuring that such landscaping will be completed prior to the expiration date of said assurance. If an inspection reveals that said landscaping work is not completed prior to the expiration date of said assurance, the city shall utilize said assurance to pay for the completion of the landscaping work.

(12)

Enforcement.

a.

Until the provisions of this section, including the condition of any permits issued thereunder, have been fully met, the city may withhold issuance of any building permit, certificate of occupancy or inspection required under the city building codes or the city may issue cease and desist orders for further development.

b.

All landscaping shall be subject to periodic inspection by the zoning administrator, or an authorized representative, to determine compliance with the approved landscape plan and the requirements of this section. When the landscaping has not been installed, maintained, or replaced to comply with said plan and requirements, a written corrective order shall be issued to the alleged violator. The order shall specify the subsections of this section that are in violation.

(Ord. No. 94-9624, § 1, 2-28-94; Ord. 08-10444, §, 4-28-08)

Critical drainage areas may be designated by the board of city commissioners following a report and recommendation from the planning commission. The city engineer shall identify areas that should be considered for designation as critical drainage areas. No development or substantial improvement, as defined in article XIV, may be undertaken within a critical drainage area without first obtaining a permit from the zoning administrator. The zoning administrator shall not approve any development which does not provide adequate drainage improvements so as not to inordinately expose the development as well as surrounding land to increased stormwater flooding. Said drainage improvements shall be designed in accordance with criteria established by the city engineer. The city engineer shall review proposed drainage improvement plans and advise the zoning administrator if such plans comply with established criteria. The completion of said improvements shall be the responsibility of the applicant. This regulation shall not apply to any platted lot zoned single-family residential, regardless of size, nor any platted lot containing less than ten thousand (10,000) square feet of land area, regardless of the zoning classification.

(Ord. No. 97-9780, § 1, 2-10-97; Ord. No. 97-9815, § 1, 7-28-97)

(a)

It shall be unlawful for any person to operate or cause to be operated an adult-oriented business unless permitted within the zoning district in which the business is located.

(b)

It shall be unlawful for any person to operate or cause to be operated an adult-oriented business within one thousand (1,000) feet of any of the following within the corporate limits of the city.

(1)

A boundary of a residential district;

(2)

A church or synagogue;

(3)

A school (grades K through 12);

(4)

A group day care center or kindergarten; or

(5)

A public park or playground, if any portion of the park or playground or a street abutting any portion of the park or playground is within or abuts a residential district.

For the purposes of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult-oriented business is conducted, to the nearest property line of the premises of a church or rectory, school, group day care center or kindergarten or to the nearest boundary of an affected public park or playground or residential district.

(c)

It shall be unlawful for any person to operate or establish or cause or permit another to operate or establish an adult-oriented business which is located within five hundred (500) feet of another adult-oriented business. The distance between two (2) adult-oriented businesses shall be measured in a straight, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located.

(d)

It shall be unlawful for any person to cause or permit the operation, establishment or maintenance of more than one (1) adult-oriented business in the same building, structure or portion thereof.

(Ord. No. 97-9828, § 1, 10-6-97)

Cross reference— Licensing and regulations, § 6-54 et seq.

No commercial business may use sound amplifiers, loud speakers or other similar devices in an outdoor area on private property located within five hundred (500) feet of a residential district without first obtaining a conditional use permit from the city planning commission. Notification of the public hearing date shall be provided to affected property owners. The city planning commission shall not approve the permit for any such devices which would create noise levels that would unreasonably disturb the peace, quiet, comfort or tranquility of neighboring inhabitants. If the permit is approved, appropriate requirements and conditions may be established and a time limit may be set for expiration unless renewed for an additional period. The permit may be revoked if the requirements and conditions are not complied with.

(Ord. No. 98-9861, § 1, 4-13-98)

(a)

Purpose and objectives. The purpose of these regulations is to establish standards and requirements for the siting of commercial wireless telecommunications facilities. These regulations are designed to comply with the Telecommunications Act of 1996 and any other applicable laws. The objectives are as follows:

(1)

Encourage the location of wireless communication facilities in non-residential areas and on sites where the adverse impact is minimal;

(2)

Encourage the joint use of new and existing wireless communication facilities;

(3)

Encourage wireless communication facilities to be designed and installed in a manner that minimizes any adverse visual impact.

(4)

Encourage wireless telecommunication facilities to be provided to the community in a safe, effective and efficient manner;

(5)

Facilitate the ability of the providers of wireless communications services to provide such services to the community through an efficient and timely application process;

(6)

Avoid potential damage to adjacent properties from tower failure through careful siting of wireless communications facilities;

(7)

Ensure that the regulation of wireless communication 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

(8)

Create a hierarchy that influences both where new wireless communication facilities are located and the types of antennas that are used so that new facilities have the least amount of visual impact on the community.

(b)

Definitions. For purposes of this section, the following words and terms as used herein are defined to mean the following:

Abandonment, in the case of a non co-located facility, shall mean: (a) failure to start operations within ninety (90) days of completion of the structure, or (b) to cease operation for a period of ninety (90) or more consecutive days. In the case of a co-located facility, abandonment shall mean:

(1)

Failure to start operations within one hundred eighty (180) days of completion of the structure, or

(2)

To cease operation for a period of one hundred eighty (180) or more consecutive days.

Administrative permit shall mean a process and approval by the planning director as described in this section.

Antenna shall mean any exterior apparatus designed for telephonic, radio, data, internet, or video communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing wireless communication services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for "cellular," "enhanced specialized mobile radio," "specialized mobile radio" and "personal communications services," telecommunications services, and it's attendant base station.

Antenna support structure shall mean any pole, telescoping mast, tower, tripod, or other structure which supports a devise used in the transmitting or receiving of radio frequency signals.

Array shall mean a set of antennas for one (1) carrier or service that are placed on a structure at a given height and spaced so as to avoid interference.

Board of commissioners shall mean the governing body of the City of Salina.

Camouflage describes a wireless communication facility that is disguised, hidden, or integrated with an existing structure as an architecturally compatible element or a wireless communication facility that is placed within an existing or proposed structure so as to be effectively hidden from view.

Co-location means the placement of a new wireless communication facility on an existing tower, existing building or structure.

Design shall mean the appearance of wireless communication facilities and equipment buildings, including such features as their materials, colors, texture, scale, and shape.

EIA shall mean the Electronics Industry Association.

Equipment enclosures shall mean a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals and associated equipment. Associated equipment may include air conditioning, back power supplies and emergency generators.

Existing tower shall mean any tower in existence at the time of application for an administrative permit or special permit.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

Fair market value shall mean the price at which a willing seller and a willing buyer will trade.

Fall zone shall mean the area on the ground within a prescribed radius from the base of a wireless communication facility within which there is a potential hazard from falling debris or collapsing material.

Guyed tower shall mean a tower that is supported, in whole or part, by guyed wires and ground anchors.

Height shall mean the vertical distance above grade to the highest point of the antenna support structure, including the lightning rod and antenna.

Lattice tower shall mean a tower that is constructed to be self-supporting by lattice type supports and without the use of guyed wires or other supports.

Modification shall mean the changing of any portion of a wireless communication facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design, height, number or location of antennas.

Monopole tower shall mean a tower consisting of a single free-standing pole or spire self-supported on a permanent foundation, constructed without guy wire, ground anchors, or other supports.

Mount shall mean the structure or surface upon which wireless communication facilities are mounted. There are three (3) types of mounts:

(1)

Building mounted—a wireless communication facility affixed to the roof or side of a building;

(2)

Ground mounted—a wireless communication facility fixed to the ground such as a tower; and

(3)

Structure mounted—a wireless communication facility fixed to a structure other than a building, such as light standards, utility poles, and bridges.

Operator shall mean an individual, partnership, association, joint-stock company, trust, or corporation engaged in control and maintenance of all instrumentalities, facilities and apparatus incidental to wireless telecommunication transmission, including but not limited to, a tower, antennae, associated buildings, cabinets and equipment. For the purposes of this article, an "operator" may or may not hold a lease, license or title on or for the site on which a tower is located.

Owner shall mean either the owner of the real property on which the wireless communication facility, tower or antenna is located or the owner of the wireless communication facility, tower or antenna itself.

Provider shall mean every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over wireless communication facilities.

Screening shall mean materials which effectively hide personal wireless facilities from view, or landscaping in accordance with the requirements of the zoning ordinance.

Security barrier shall mean a wall, fence, or berm that has the purpose of sealing a wireless communication facility from unauthorized entry or trespass.

Site shall mean a tract or parcel of land that contains wireless communication facilities including any antenna, support, structure, building, accessory buildings, and parking and may include other uses associated with or ancillary to wireless communication services.

Special permit shall mean a process and approval by the planning commission or board of commissioners as described in this section.

Tower shall mean any structure that is designed, constructed or used for the primary purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term encompasses wireless communication facilities including microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. For purposes of this section the term "tower" does not include radio and television transmission towers, amateur radio transmitting towers or broadcast facilities.

Unlicensed wireless services shall mean commercial mobile services that operate on public frequencies and do not need a FCC license.

Wireless communication service and wireless communication facilities used in the chapter shall be defined in the same manner as the Title 47, United States Code, section 332 (c)(7)(C), as may be amended now or in the future and includes facilities for the transmission and reception of radio microwave signals used for communication, cellular phone, personal communication services, enhanced specialized mobile radio, and any other wireless services licenses by the FCC and unlicensed wireless services.

(c)

Permit required.

(1)

No person shall locate an antenna or tower for wireless communication purposes or alter an existing wireless communication facility upon any lot or parcel within the city except as provided in this chapter.

(2)

Maintenance or repair of a wireless communication facility and related equipment, excluding structural work or changes in height, dimensions or number of antenna, towers, or buildings is excluded from the requirement to obtain a permit. Building permits may still be required.

(3)

Installation of wireless communication facilities requires either an administrative permit (class A permit) issued by the planning director or approval of a special permit (class B or class C permit) by the planning commission or board of commissioners.

a.

Class A permit: The planning director may issue an administrative permit in the following cases:

1.

An application to co-locate additional antennas on an existing facility;

2.

An application to place an antenna on an existing structure in the U or C-4 districts;

3.

An application to place an antenna on an existing structure in a C-2, C-3, C-5, C-6, C-7 or I-1 district that extends no more than twenty (20) feet above the maximum permitted structure height in that district;

4.

An application to construct a monopole tower up to one hundred twenty (120) feet in height in an I-2 or I-3 district if the proposed tower site is within four hundred (400) feet of a residential area or up to two hundred (200) feet in height if the proposed tower site is more than four hundred (400) feet from the nearest residential area.

Within thirty (30) days after receiving a complete application, the planning director shall either approve, approve with conditions or deny the request for a (class A) administrative permit, or shall refer the application to the planning commission for a public hearing.

If a request for an administrative permit is not acted upon within thirty (30) days, or is denied, or the conditions imposed thereon are unacceptable to the applicant, then the applicant may, by written notice to the planning director, convert the request for an administrative permit to an application for a (class B) special permit. Moreover, an applicant may, in lieu of and without first seeking an administrative permit hereunder, request a special permit for its proposed facility.

b.

Class B permit. The planning commission may issue a special permit after holding a public hearing in accordance with the procedures established in sections 42-24 of the Salina Code in the following cases:

1.

An application to construct a monopole tower in an I-2 or I-3 district which does not meet the criteria for a class A administrative permit;

2.

An application to construct a monopole tower up to two hundred (200) feet in height in an A-1, U, C-2, C-3, C-5, C-6, C-7 or I-1 district if the proposed tower will maintain a setback from adjacent property and public right-of-way equal to or greater than the proposed height of the tower; or

3.

An application to construct a rooftop facility on an existing structure in C-2, C-3, C-5, C-6, C-7 or I-1 district which would extend more than twenty (20) feet above the maximum permitted structure height in that district.

c.

Class C permit. The board of commissioners may issue a special permit following a public hearing and recommendation by the planning commission in the following cases:

1.

An application to construct a tower in a C-1 district or any residential district;

2.

An application to construct a tower in a historic district or within five hundred (500) feet of a property listed on the National Register of Historic Places; or to place a rooftop facility on a local landmark or building listed on the National Register of Historic Places;

3.

An application to construct a tower within any approach zone to the Salina Municipal Airport;

4.

An application to construct a lattice type tower anywhere within the city;

5.

An application to construct a tower in the C-2, C-3, C-5, C-6, C-7 or I-1 districts which does not comply with the performance standards in subsection (h); or

6.

An application to construct a tower over two hundred (200) feet in height anywhere within the city.

d.

Denial of special permit. Any decision to deny a special permit under this section shall be made in writing and shall state the specific reasons for the denial. Any denial by the planning commission may be appealed to the board of commissioners. Any denial by the board of commissioners shall be deemed a final administrative decision, subject to judicial review and appeal. In the event that a special permit application is denied by the planning commission or board of commissioners, no new request for the same or substantially similar administrative or special permit shall be accepted or processed within six (6) months after denial of that application.

e.

Protests. The notification and protest area for special permit applications shall be four hundred (400) feet from the proposed tower site. If a class B permit is approved by the planning commission, affected property owners shall have the same right to present a protest petition to the board of commissioners and appeal that decision as property owners in rezoning cases. The protest procedure shall be as provided in K.S.A. 12-708 and section 42-26(b) of this chapter.

(d)

Locational preferences. Wireless communication facilities shall be located and designed to minimize any adverse effects on surrounding properties, particularly residential properties. In its review of requests for new tower construction the city will give preferred status to locations where the existing topography, surrounding land uses, existing buildings or other structures provide the greatest amount of visual screening. Proposed towers in sensitive areas will be discouraged. The City of Salina's locational preferences for siting new wireless communication facilities are listed below:

(1)

Preferred location sites.

a.

Publicly owned sites on which wireless communication facilities can be unobtrusively located with regard to visibility, aesthetic appearance and public safety. Such sites may include locating on existing buildings, light poles or water towers, co-locating on existing towers, screened roof-top facilities or other camouflaged sites for antennas and recreation areas, athletic fields, school grounds, maintenance yards and other publicly owned facilities for towers.

b.

Privately owned sites which possess the same characteristics as a. above.

c.

Sites in commercially or industrial zoned districts where wireless communication facilities would be minimally obtrusive, would have a minimal impact on the surrounding area and are an appropriate distance from residential areas.

(2)

Limited preference sites.

a.

Sites on other public property.

b.

Sites on other commercially or industrially zoned property.

(3)

Sensitive location sites. Sites located in areas with predominantly residential uses, environmentally sensitive areas, entryway corridors to the city, local landmarks or historic districts, properties listed or eligible to be listed on the National Register of Historic Places and the environs of the Salina Municipal Airport.

(e)

Application requirements.

(1)

Pre-application conference. Prior to the acceptance of an application by the city, applicants shall participate in a pre-application conference with the planning department for the purposes of discussing application requirements, specifics of the site and plans for current and future facilities.

(2)

Applications for either an administrative permit or a special permit for a wireless communication facility shall be filed with the planning director and shall include the following:

a.

A plot plan of the site and the proposed facility drawn to an accurate scale and showing all pertinent information. The application material shall provide sufficient information, as determined by the planning director, to allow a complete review of the proposal. The application material shall also include sufficient detail to indicate compliance with all applicable design and performance standards. Failure to provide adequate information may result in the rejection of the application.

b.

A copy of the lease between the applicant and the owner. The lease shall contain the following provisions: (1) the owner and the applicant shall have the ability to enter into leases with other providers for collocation with the consent of each party which shall not unreasonably be withheld; and (2) the landowner shall be responsible for the removal of the tower or facility in the event the lessee fails to remove it upon abandonment.

c.

A statement explaining the need for the facility to provide or enhance wireless communication services in the area including a map of the service area of the proposed facility.

d.

A statement identifying which location preference, identified in subsection (d) the proposed facility is meeting. If the proposed location is not a preferred location site, the applicant shall describe:

1.

Whether any preferred location sites are located within the service area of the proposed wireless communication service facility;

2.

What good faith efforts and measures were taken to investigate each of these preferred location sites and why such efforts were unsuccessful;

3.

Why the use of a preferred location site is not technologically, legally or economically feasible;

4.

How and why the proposed site is required to meet service demands for the proposed facility and citywide network; and

5.

The distance between the proposed facility and the nearest residential unit and residentially zoned properties.

e.

A statement indicating proposed measures designed to minimize potentially adverse visual effects on adjacent properties with consideration given to design, unobtrusiveness, minimum height necessary to accommodate antennae, avoidance of artificial light and the color of the facility.

f.

A statement describing the proposed fall zone around the facility.

g.

If the application is for a new tower, a report from the manufacturer or a licensed professional engineer describing the tower's maximum capacity including the number of antennas it can accommodate for co-location, taking into consideration radio frequency interference, mass, height, and other characteristics, as well as options to overcome any problems those considerations may pose to service delivery.

h.

A signed statement from the tower owner stating that the owner and future successors will allow shared use of the tower if (1) capacity exists based on current and planned use by owner; (2) a future applicant for space on the tower agrees in writing to pay any reasonable charge for shared use and (3) the potential use is technologically compatible.

i.

A description of the security barrier surrounding the base of the tower and accessory equipment. The description should include the method of fencing, finished color and, if applicable, the method of camouflage and illumination.

j.

A description of the anticipated maintenance and monitoring program for the antennae and back up equipment, including frequency of maintenance services.

(f)

Inventory of towers. Each applicant for an administrative or special permit shall submit an inventory of its facilities and an inventory of the facilities of those companies proposing to co-locate on the proposed facility (tower or antenna mount) within the city. No permit will be approved unless the applicant demonstrates to the satisfaction of the city by substantial evidence that no existing facility (whether or not owned by the applicant) can accommodate, as is or through modification, the proposed facility. Substantial evidence to demonstrate that no existing facility is suitable shall consist of any of the following:

(1)

An affidavit demonstrating that the applicant made diligent efforts to install or co-locate on existing towers and other existing structures within the geographic search area as determined by a qualified radio frequency engineer.

(2)

An affidavit demonstrating that existing towers and structures located within the geographic search area, as determined by a qualified radio frequency engineer, and within one (1) mile radius of the proposed tower site do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including but not limited to, applicable FCC requirements.

(3)

Written technical evidence from a qualified radio frequency engineer that existing towers and structures within the geographic search area are not of sufficient height to meet the applicable FCC requirements.

(4)

Written technical evidence from a qualified structural engineer that existing towers and structures within the geographic search area do not have sufficient structural strength to support the proposed facility.

(5)

A written statement from a qualified radio frequency engineer submitting technical evidence substantiating his opinion that the existing towers and structures within the geographic search area are incompatible due to electromagnetic/radio frequency interference or interference with public safety communications or the usual and customary transmission or reception of radio, television, or other communications service enjoyed by surrounding properties and that antenna on the existing tower or structure cannot be relocated on the existing structure to accommodate additional users.

(6)

An affidavit that the fees, costs, or contractual provisions required by the owner to share an existing tower or structure within the geographic search area or to adapt an existing tower or structure within the geographic search area for sharing, are unreasonable.

(7)

The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one (1) mile radius of the proposed tower site unsuitable.

(8)

The applicant demonstrates that state of the art technology used in their wireless telecommunications business and within the scope of the applicant's FCC license is unsuitable for the site involved.

(9)

The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one (1) mile radius of the proposed tower site unsuitable.

(g)

Standards for evaluation of special permit applications.

(1)

The planning commission or board of commissioners may approve, by special permit, a wireless communication facility in any zoning district after review and consideration of all of the following:

a.

Conformity with the city's comprehensive plan.

b.

Preference of site location in accordance with subsection (d).

c.

Compatibility with abutting property and surrounding land uses.

d.

Adverse impacts such as visual, environmental or safety impacts.

e.

Color and finish of the proposed tower.

f.

Screening potential of existing vegetation, structures and topographic features.

g.

Potential for adequate screening of proposed facilities, ground level equipment, and tower base.

h.

Scale of facility in relation to surrounding land uses.

i.

Impact on entry corridors into the city.

j.

Impact on landmark structures, historically significant structures or districts, or architecturally significant structures.

(2)

An application to construct new towers may be denied if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the facilities on an existing structure and/or tower.

(3)

Locations in sensitive location sites shall be considered only if the applicant:

a.

Provides evidence showing what good faith efforts and measures were taken to secure a preferred location site or limited preference site within one (1) mile of the proposed facility; and

b.

Demonstrates with engineering evidence why each such preferred location site or limited preference site was not technologically or economically feasible.

(h)

Performance standards. Unless otherwise specified, all wireless communication facilities shall comply with the following performance standards. The planning commission may recommend and the board of commissioners may grant a waiver from these standards when supported by sufficient justification and if the purpose and objectives of this section would be better served thereby.

(1)

Height. The maximum height for a communications tower is two hundred (200) feet, excluding a lightning rod not to exceed twenty (20) feet. All new towers in excess of one hundred (100) feet shall be designed to accommodate at least two (2) providers and those in excess of one hundred fifty (150) feet at least three (3) providers.

(2)

Design type. All towers, except those designed as an architecturally compatible element, shall be a monopole design unless otherwise specifically approved by the board of commissioners. Guyed towers shall not be permitted.

(3)

Setbacks. Towers shall be set back from any property line or a public right-of-way a distance equal to the tower height. Towers, except those designed as an architecturally compatible element, shall be set back four hundred (400) feet from any surrounding property zoned for single-family or two-family residential use.

(4)

Facility appearance.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness so as to be consistent with the natural or built environment of the site.

b.

The design of the equipment structure and any other associated permitted structures shall, to the maximum extent practicable, use materials, colors, textures, screening, and landscaping that minimize the visual impact and enhance compatibility with the surrounding natural or built environment. Additionally the design of the site shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.

c.

For co-located telecommunications facilities, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color or the supporting structure to minimize the visual impact and enhance compatibility with surrounding development.

(5)

Lighting. No signals, artificial lights, or illumination shall be permitted on any facility unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize off-site impacts. Security lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

(6)

Security fencing. Towers and associated accessory buildings and equipment shall be enclosed by a security fence or wall that is a minimum of six (6) feet in height and is equipped with an anti-climbing device or apparatus. Access shall be through a locked gate or door in the required fence or wall. Additional measures may be required as a condition of the issuance of an administrative permit as deemed necessary by the planning director or the planning commission or board of commissioners in the case of a special permit, so long as the additional measures are reasonably related to a security issue.

(7)

Outdoor storage. No outdoor storage of vehicles, materials, or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on site unless repairs to the facility are being made.

(8)

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of the tower or antenna site. Any signs placed in violation of this section shall be removed immediately at the owner or operator's expense. Notwithstanding any contrary provisions of the city's zoning ordinance, the following warning signs shall be utilized in connection with the tower or antenna site, as applicable:

a.

If high voltage is necessary for the operation of the tower or associated equipment, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to each side of the fence or wall surrounding the structure.

b.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart; (a) the height of the lettering of the warning signs shall be at least twelve (12) inches and the signs shall be installed at least five (5) feet above the finished grade; (b) the warning signs may be attached to freestanding poles if the content of the sign may be obstructed by landscaping.

c.

A sign on the gate indicating the name and address of the tower owner and a phone number where the tower owner can be reached twenty-four (24) hours a day in case of an emergency shall be permanently attached to the fence.

(9)

Parking. Each facility site shall provide paved parking for use by maintenance personnel. A minimum of one (1) space shall be provided per user located on the facility site. No vehicle storage shall be permitted.

(10)

Landscaping. Facilities must comply with all applicable landscaping requirements of the zoning ordinance. The planning director, planning commission or board of commission may require landscaping in excess of those requirements in order to enhance compatibility with adjacent uses or zoning districts. At a minimum, the landscaping shall consist of a landscape strip of not less than ten (10) feet in width planted with materials which will provide a visual barrier to a minimum height of six (6) feet, as approved by the city. The landscape strip shall be exterior to any security fence or wall.

(11)

Facility replacement.

a.

Modification to existing site. Up to fifty (50) percent of the height of an existing tower may be replaced with no resulting increase in height as part of modifications made to provide for co-location of a new facility. Replacement of more than fifty (50) percent shall be considered a new tower and shall meet all of the applicable requirements for new construction.

b.

Rebuilding damaged or destroyed existing site. Existing tower and facilities that are damaged or destroyed may be rebuilt through administrative review and approval by the planning director provided the replacement tower or facility is the same as the original in type, location, and intensity or brings a previously nonconforming tower or facility into a greater conformance with these standards, and no more than fifty (50) percent of the tower or facility is involved. If more than fifty (50) percent of the tower or facility is involved, it shall be considered a new facility and shall meet all the applicable requirements for new construction. All replacement shall comply with then applicable building codes and a new administrative permit or special permit and building permit shall be obtained and be completed within one hundred eighty (180) days from the date the tower or facility was damaged or destroyed. If no permit is obtained or it expires, or replacement is not timely completed, the tower of facility shall be deemed abandoned.

(12)

Removal of abandoned facility. Any facility deemed abandoned pursuant to this chapter or any facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner or last operator thereof shall remove it within ninety (90) days of receipt of a "written notice to remove" from the city. Failure to remove an abandoned tower or facility within ninety (90) days shall be grounds to remove it at the owner's or last operator's expense. If there are two (2) or more users of a single tower or facility, then this provision shall not become effective until all users cease using it.

(i)

General requirements. Wireless communication providers shall comply at all times with the current applicable FCC and FAA standards and regulations. Prior to the issuance of a building permit to construct a facility, the owner/applicant or operator/applicant shall provide the city with the required clearances, licenses and certifications from all agencies of the federal government with the authority to regulate towers and antennas.

(1)

Building codes; safety standards. To ensure the structural integrity of towers the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, or local building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA") as amended from time to time. If, upon inspection, the building official concludes that a tower fails to comply with such codes and standards, then upon notice being provided to the operator or owner of the tower, the operator shall have thirty (30) days to bring the tower into compliance with such standards. Failure to bring a tower into compliance within thirty (30) days shall constitute grounds for removal of the tower at the owner or operator's expense.

(2)

Structural design. Towers shall be constructed to current EIA standards, which may be amended from time to time, and all applicable building codes adopted by the city. Furthermore, any improvements and/or additions to existing towers shall comply with the requirements of this chapter and shall require submission of construction plans sealed and verified by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.

(Ord. No. 98-9885, § 1, 8-17-98; Ord. No. 01-10033, § 1, 6-4-01)

Editor's note— Ord. No. 20-11024, § 1, adopted July 27, 2020, amended the Code by repealing former § 42-70 in its entirety. Former § 42-70 pertained to telecommunications right-of-way users, and derived from Ord. No. 14-10744, adopted July 28, 2014; and Ord. No. 14-10752, adopted September 8, 2014.