Sloan City Zoning Code
ARTICLE III
Miscellaneous Provisions
§ 455-12 Applicability of regulations.
Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, relocated, extended, enlarged or altered except in conformity with the permitted uses and area regulations specified for the district in which it is located and with all other regulations of this chapter, and then only after applying for and securing all permits and licenses required by all laws and ordinances; provided, however, that nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Code Enforcement Officer nor relieve from the necessity of complying with his lawful requirements.
§ 455-13 Certificates of occupancy and compliance.
[Amended 4-22-1970[1]]
No building hereafter structurally altered or erected shall be used or changed in use nor premises occupied or used until a certificate of occupancy and compliance shall have been issued to the effect that the buildings or premises complies with the provisions of this chapter. A life certificate shall be issued to maintain, renew, change or extend a nonconforming use. Said certificate of occupancy and compliance for the whole or part of the building or premises shall be applied for coincident with the application for a building or use permit and shall be issued within 10 days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this chapter. No such certificate shall be issued by the Village Clerk until it has been recommended by the Code Enforcement Officer. A record of said certificate shall be kept in the office of the Village Clerk. A building or premises vacant in excess of one year shall have its certificate of occupancy and compliance rescinded.
§ 455-14 Nonconforming uses. [1]
The prior lawful use of any building or land existing at the time of the enactment of this chapter, or at the time of any subsequent amendment thereto, may be continued although such use does not conform to the provisions of this chapter. This use shall continue only for a period of time that the present owners or their successors shall use said property for the same use as which said property is now being used. If the present owners or their successors shall change the manner of use in any way, then such property shall be governed by this chapter as herein enacted. Repair and restoration of nonconforming buildings and structures, if damaged to an extent of not more than 50% of their assessed value, shall be permitted, provided that repairs are made within one year.
§ 455-15 Temporary dwellings.
Tents, trailers, trailer homes and other structures customarily used for temporary dwelling purposes shall not be permitted, occupied or used in any district.[1]
§ 455-16 Construction of improvements.
[Added 4-22-1970]
All highways, roads, storm sewers and sanitary sewers and curbs heretofore erected and constructed must be approved, prior to any construction or erection, by the Village Board and the Village Engineer.
§ 455-17 Off-street parking.
After the effective date of this amended chapter, there shall be provided, at the time of erection of any main building or at the time any main building is enlarged, off-street parking space which shall be of sufficient size to adequately accommodate the car traffic which is attracted by the business to be conducted, with the approval of the Board of Trustees.
§ 455-18 Separation of structures. [1]
§ 455-19 Siting of wireless telecommunications facilities.
[Added 8-12-2008 by L.L. No. 2-2008]
A. CO-LOCATION HEIGHT PERSON SPECIAL USE PERMIT VILLAGE WIRELESS TELECOMMUNICATIONS FACILITIES
Definitions. As used in this section, the following terms shall have the meanings indicated in this subsection as follows:
The use of an existing tower or structure to support antennas for the provision of wireless services. A replacement tower that is constructed on the same site as an existing tower shall be considered a co-location as long as the new tower is no taller than the old tower and that the old tower is removed in a reasonably short time after the new tower is constructed.
With reference to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
The permit by which an applicant is allowed to file for a building permit to construct and use wireless telecommunications facilities.
The Village of Sloan.
Structures, facilities or locations designed or intended to be used as or used to support antennas or other transmitting or receiving devices, including but not limited to towers and structures such as buildings, steeples, water towers and signs which may be used as support for antennas intended for transmitting or receiving radio, television, cellular communications, SMR, paging, personal communications services (PCS), commercial satellite services, microwave transmissions and any commercial wireless telecommunications not licensed by the Federal Communications Commission. They include all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. They exclude facilities for private noncommercial radio and television reception and private citizen's band, licensed amateur radio and other similar noncommercial telecommunications and further exclude facilities exclusively for providing unlicensed spread spectrum technologies (such as Wi-Fi and Bluetooth) where the facility does not require a new tower.
B.
Special use permit requirement.
(1)
No person may site, place, build, construct, modify, or prepare any site for the placement or use of wireless telecommunications facilities without having first obtained a special use permit.
(2)
The contents of the application and requirements for a special use permit may be adopted and amended as needed by the Board.
(3)
All wireless telecommunications facilities existing on or before the effective date of the enactment of this section shall be allowed to continue as they presently exist; provided, however, that any visible modifications thereof will comply with this section.
(4)
The Village Board is the body to which applications for special use permits must be made. The Board may, in its discretion, delegate or designate other officials of the Village to accept, review, analyze, evaluate and make recommendations to the Board with respect to the grant or denial of special use permits.
(5)
No wireless telecommunications facilities shall be installed, constructed or modified until the application is reviewed and approved and the special use permit issued.
C.
Code compliance. All wireless telecommunications facilities shall be constructed and operated in strict compliance with all current applicable technical, safety, and safety-related codes, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code, and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The special use permit applicant must obtain and include an authorized electrical inspection report.
D.
Location.
(1)
Wireless telecommunications facilities shall be located in accordance with the following priorities:
(2)
If the site is not proposed for the highest priority listed above, then a detailed explanation must be provided by the applicant as to why a site of a higher priority was not selected.
(3)
An applicant shall address co-location as an option. The applicant must indicate why co-location is commercially or otherwise impracticable.
(4)
The Village shall prefer locating on existing towers or other structures without increasing the height thereof.
E.
Height. No tower constructed or erected after the effective date of this section shall exceed the height which shall permit operation without required artificial lighting of any kind in accordance with any applicable state, federal or local law, statute or regulation less 10 feet.
F.
Visibility.
(1)
Wireless telecommunications facilities shall not be artificially lighted or marked.
(2)
New towers shall be galvanized or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
(3)
All wireless telecommunications facilities shall be sited so as to be the least visually intrusive as possible and to have the least intrusive effect on the environment and its character, on existing vegetation, and on residences in the vicinity.
G.
Security.
(1)
All wireless telecommunications facilities shall be fenced or otherwise secured in a manner which prevents unauthorized access.
(2)
All antennas, towers and other supporting structures, including guy anchor posts and wires, shall be made inaccessible and constructed or shielded in such a manner that they cannot be climbed.
(3)
Transmitters and telecommunications control points shall be installed so that they are readily accessible only to persons authorized to operate or service them.
H.
Setbacks. All proposed towers and any other proposed wireless telecommunications facilities shall be set back from abutting parcels, public streets or sidewalks by the greater of the following distances: a distance equal to the height of the proposed tower or wireless telecommunications facilities plus 10% of said height or the existing setback requirement of the underlying district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.
I.
Application fee. Any person submitting an application for a special use permit for a new tower shall pay a nonrefundable application fee of $5,000; however, if the application is for a special use permit for co-locating on an existing tower or other suitable structure, where no increase in the height of the tower or structure is required, the nonrefundable fee shall be $2,500.