St James City Zoning Code
PERFORMANCE STANDARDS
§ 156.020 PURPOSE.
The performance standards established in this section are designed to encourage a high standard of development, and to prevent, and eliminate, those conditions that cause blight. All future development in all districts shall be required to meet these standards. The standards shall also apply to existing development where so stated. Before any zoning permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards. The developer, or land owners, shall supply data necessary to demonstrate the conformance.
(Prior Code, § 11.70)
§ 156.021 DAY ACTIVITY CENTER DESIGN STANDARDS.
(A) This use shall be limited to a maximum of 28 students.
(B) The external appearance of the structure housing this use shall be reasonably similar to a single-family home. It shall not have a flat roof.
(C) The ground floor area shall not exceed 3,200 square feet.
(D) The facility shall contain a minimum of 35 square feet of activity space per student.
(E) The lot size shall be no less than 9,000 square feet, nor more than 17,000 square feet.
(F) This use shall have a minimum of five off-street parking spaces, except when located in the R-1 District. The off-street parking requirement for this use in the R-1 District shall have a minimum of two spaces, the same as for a single-family residential use.
(G) This use shall have one loading space meeting the criteria specified in § 156.031.
(Prior Code, § 11.70)
§ 156.022 STANDARDS FOR THE KEEPING OF HORSES.
When a person submits an application for the keeping of a horse(s), he or she must conform to the following standards:
(A) This special use permit is issued to the person owning the parcel. It does not run with the land itself;
(B) The keeping of horses is for recreational purposes only. The parcel on which the horses are to be kept must be a minimum of five acres in size, the density of horses per parcel cannot be more than one horse per one and one-half acres. No boarding of horses is permitted;
(C) The parcel on which horses are kept must be fenced to provide adequate protection for public health and safety, including prevention of entering, or polluting, of public waters; and
(D) The management of manure shall be in a way to prevent accumulation, odor, and runoff into public waters, and general problems of health and safety.
(Prior Code, § 11.70)
§ 156.023 EXCEPTIONS TO HEIGHT REGULATIONS.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials, and necessary mechanical appurtenances are hereby exempt from the height regulations of this chapter, and may be erected in accordance with other regulations, or city code provisions.
(Prior Code, § 11.70)
§ 156.024 PERMITTED YARD ENCROACHMENTS.
The following shall be considered as permitted encroachments on setback requirements, except as provided elsewhere in this chapter:
(A) In any yard. Posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks and fences, and all other similar devices incidental to the principal structure, except as hereinafter amended; and
(B) In front yards. A deck, or unenclosed porch, may extend up to six feet into the front yard setback area.
(Prior Code, § 11.70)
§ 156.025 TRAFFIC CONTROL AND SIGHT DISTANCE.
(A) Intersection with traffic controls. On any corner lot at a street intersection which has some form of traffic control (stop or yield signs), there shall be no obstruction to traffic visibility within the clear sight triangle, which is formed by the intersection of the centerline of two intersection streets and a straight line joining the two centerlines at points 55 feet distance from their point of intersection.
(B) Intersections without traffic controls. On any corner lot, in all districts, at a street intersection which does not have any form of traffic control, there shall be no obstruction to the traffic visibility within the clear sight triangle, which is formed by the intersection of the centerline of the two intersecting streets, and a straight line joining the two centerlines at points a given number of feet distant from their points of intersection. The distances from the points of intersection are specified in the following table for various speeds in miles per of enforced speed limit:
Miles per Hour
|
Distance Measurement
|
30 | 88 feet |
40 | 120 feet |
50 | 156 feet |
55 | 174 feet |
(Prior Code, § 11.70)
§ 156.026 NUISANCES.
(A) No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat glare, dust, or other adverse influences, shall be permitted in any district that will, in any way, have an objectionable effect upon adjacent, or nearby, property. All wastes in all districts shall be disposed of in a manner that is not dangerous to the public health and safety, nor will damage public waste transmission or disposal facilities.
(B) The following standards apply.
(1) Noise prohibited. It shall be unlawful to make, continue, or cause to be made, or continued, any noise in excess of the noise levels set forth, unless noise is reasonably to the preservation of life, health, safety, or property.
(2) Measure of noise. Any activity not expressly exempted by this section which creates, or produces, sound regardless of frequency exceeding the ambient noise levels at the property lines of any property by more than six decibels above the ambient noise levels, as designated in the following table, at the time, and place, and for the duration then mentioned, shall be deemed to be a violation of this chapter.
(a) Residential District standards:
Duration of Sound
|
From 9:00 p.m. to 7:00 a.m.
|
Less than ten minutes | 40 db |
Ten minutes to two hours | 45 db |
Two hours or more | 40 db |
(b) Industrial District standards:
Frequency Band Cycles per Second
|
Maximum Permitted Sound Level
|
Frequency Band Cycles per Second
|
Maximum Permitted Sound Level
|
20 to 75 | 72 db |
75 to 150 | 67 db |
150 to 300 | 59 db |
300 to 600 | 52 db |
600 to 1,200 | 46 db |
1,200 to 2,400 | 40 db |
2,400 to 4,800 | 34 db |
4,800 or higher | 32 db |
(C) Odors. In an industrial district, no odors shall be detectable beyond the limits of the property.
(D) Vibration. In an industrial district, no vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three, or more, minutes during any hour.
(E) Toxic, or noxious, matter. Any use shall be so operated so as not to discharge across the boundaries of any lot, or through percolation into the atmosphere of the subsoil beyond the boundaries of the lot wherein the use is located, toxic, or noxious, matter in such concentration as to be detrimental to, or endanger, the public health, safety, comfort, or welfare, or cause injury, or damage, to the property or business. All MPCA regulations relating to toxic, or noxious, matter shall be followed.
(F) Air pollution. Any use shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to, or shall endanger, the public health, safety, comfort, or general welfare of the public. For the purpose of this chapter, the regulations and standards adopted by the State Pollution Control Agency shall be employed.
(G) Glare. In all districts, any lighting used to illuminate an off-street parking area, sign, or other structure, shall be arranged so as to deflect light away from any adjoining residential zone, or from the public streets. Direct, or sky-reflected, glare, whether from flood lights or from high temperature processes, such as combustion or welding, shall be hooded, or controlled in some manner, so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property, or public right-of-way. Any light, or combination of lights, which cast light on a public street shall not exceed one foot-candle (meter reading), as measured from the centerline of the street. Any light, or combination of lights, which cast light on a residential property shall not exceed 0.4 foot-candles (meter reading) as measured from the property.
(H) Miscellaneous nuisances.
(1) Inoperative passenger vehicles and trucks. Passenger vehicles and trucks in an inoperative state shall not be parked in residential districts for a period exceeding 14 days, unless they are completely enclosed within a building.
(2) Junkyard. No person may create, or maintain, a junkyard, or a vehicle dismantling yard, except as provided in this chapter.
(3) Nuisances affecting public health or safety. The following are declared to be nuisances affecting public health or safety:
(a) The effluence from any cesspool, septic tank, drainfield, or human sewage disposal system discharging upon the surface of the ground, or dumping the contents thereof at any place except as authorized;
(b) The pollution of any public well or cistern, stream or lake, or body of water by sewage, industrial waste, or other substances; and
(c) The ownership, possession, or control of any unused refrigerator, or other container, with doors which fasten automatically when closed, or sufficient size to retain any person, to be exposed and accessible to the public without providing locks to prevent access by the public.
(Prior Code, § 11.70) Penalty, see § 156.999
§ 156.027 REFUSE.
In all districts, all waste material, debris, refuse, or garbage shall be kept enclosed within a building, or properly contained in a closed container designed for such purposes, with the exception of crop residue. The owner of vacant land shall be responsible for keeping the land free of refuse. All exterior storage material not included with a permitted use, accessory use, or special use, or otherwise permitted by provisions of this chapter, shall be considered refuse.
(Prior Code, § 11.70)
§ 156.028 EXTERIOR STORAGE.
In all districts, all materials and equipment shall be stored within a building, or be fully screened so as not to be visible from adjoining properties, except for the following in good order: laundry, drying, and recreational equipment; construction and landscaping materials, and equipment currently being used on the premises; agricultural equipment and materials, if these are used, or intended for use, on the premises; off-street parking of passenger automobiles and pickup trucks; and fire wood. Boats and unoccupied campers, so long as they do not encroach on any dedicated public rights-of-way, plated rights-of-way, public easements, or utility easements, are permissible. If located within the front yard, they must comply with parking, as identified in § 151.27, and other applicable codes sections. In all districts, the city may require a special use permit for any exterior storage if it is demonstrated that the storage is a hazard to the public health and safety, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities.
(Ord. 5, third series, passed 10-7-2008)
§ 156.029 BULK STORAGE; LIQUID.
All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall require a special use permit in order that the Council may have assurance that fire, explosion, or water or soil contamination hazards are not present (that would be detrimental to the public health, safety, and general welfare). The Council may require the development of diking around the tanks. Diking shall be suitably sealed, and shall hold a leakage capacity equal to 115% of the tank capacity. Any existing storage tank that, in the opinion of the Council, constitutes a hazard to the public safety shall discontinue operations within one year following the effective date of this chapter. All diking and bulk storage must be in compliance with the appropriate MPCA regulations.
(Prior Code, § 11.70)
§ 156.030 LANDSCAPING, SCREENING, AND FENCING.
(A) Obstruction of views. On any corner lot, no wall, fence, structure, or vegetation shall be erected, or maintained, at a height that will obstruct motorists’ sightlines along intersecting streets or roadways.
(B) Fencing or screening requirements for business or industrial uses.
(1) Where any business, or industrial, use is adjacent to property zoned R-1 or R-2, that business, or industry, shall provide screening of its exterior activities along the property line abutting the residential property. This screening requirement will not apply in those cases where the business, or industrial, site is located across the street from a residential site, but will apply if separated by only an alley. The screening requirement will not apply if the view of the business from the residential property consists solely of the building itself.
(2) If the screening used consists of a solid fence, or wall, the material shall block, or obscure, a minimum of 50% of the view of the business, or industrial, site from the residential site. If fences, or walls, are used, they shall be no less than five feet, or more than eight feet in height, unless otherwise directed by the Planning and Zoning Commission, or the Council.
(3) Fences, or walls, shall extend no closer than 15 feet to any street or driveway opening onto a street, unless regulated elsewhere.
(4) Fences, or walls, when used as the screening material, shall be placed along the property lines, or when located along a street, be setback at least 15 feet from the street right-of-way, unless regulated elsewhere, with landscaping of property between the fence, or wall, and the street pavement.
(5) If berms are used as the screening material, they shall be constructed with a slope not to exceed 3:1, and shall be covered with sod, or other landscape material, sufficient to prevent erosion of the berm.
(6) If trees, hedges, or other vegetative materials are used, the vegetation must provide a minimum view coverage of 50% throughout the year of the business, or industrial, site from the residential site.
(C) Height and setback regulations for fencing and/or vegetative screening for residential uses.
(1) Fences and vegetative screening in the residential district can be located anywhere in the front yard setback area, as long as they do not interfere with street intersection sightlines, and are limited to a maximum of four feet in height.
(2) Fences, or vegetative screening (hedges, for example), located in the side yard, or rear yard, area may be a maximum of six feet in height, as long as they do not interfere with street intersection sightlines, and are setback at least two feet from the property lines. Fences, or vegetative screening materials, may be constructed, or planted, on the property lines, but only with the permission of the adjacent property owner.
(D) Maintenance requirements.
(1) The yard area in front of fences and walls shall be trimmed, and maintained, in a neat, and attractive, manner.
(2) Fences and walls must be maintained, and kept, in a sightly manner. Repairs to damaged areas of walls or fences shall be made within 30 days of sustaining the damage.
(3) Areas left in a natural state and vegetative screening areas shall be properly maintained in a sightly, and well kept, condition.
(4) Diseased, dying, or dead vegetative screening elements shall be removed and then replaced, at a minimum, with healthy plants of the same size required when first planted.
(5) If requested by an adjacent property owner, or upon notification by a representative of the city, a property owner must trim any part of a tree, bush, or shrub that hangs over, or encroaches, beyond the property owner’s property line, or interferes with traffic, or pedestrian, sightlines.
(E) Landscaping regulations.
(1) Landscaping of yards fronting a state or county road is required.
(2) When a development site plan is submitted to the Planning and Zoning Commission and the Council for review and comment, it must contain information regarding the type of landscaping treatment the developer intends for the front yard, and, if required, side yards.
(3) The plan shall include the location of all intended fences, tie walls, retaining walls, berms, landscaped islands, and planting beds with the plant materials identified.
(4) The plan shall include the location, and appropriate detail, of all required screening showing the relationship of the screening to the development site and adjacent property.
(5) The plan shall show the details of sodding and seeding, including the delineation of area and square footage.
(6) Trees shall be planted with sufficient setbacks so that the diameter of its expected mature foliage will not extend beyond the owner’s property line.
(Prior Code, § 11.70)
§ 156.031 OFF-STREET LOADING AND UNLOADING AREAS.
(A) General. Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to, or shipped from, that development, a sufficient off-street loading, and unloading, area must be provided in accordance with this section to accommodate the delivery, or shipment, operations in a safe and convenient manner.
(B) Location. All required loading berths shall be off-street, and shall be located on the same lot as the building for use to be served. A loading berth shall be located at least 25 feet from the intersection of two street rights-of-way, and at least 50 feet from a residential district, unless the space is located within a building. Loading berths shall not occupy the required front yard space.
(C) Number of spaces. The loading, and unloading, area must be of sufficient size to accommodate the numbers, and types, of vehicles that are likely to use this area, given the nature of the development in question. The following table indicates the number of spaces based upon the size of use that will satisfy this requirement. However, the Planning and Zoning Commission or the Council may require more, or fewer, loading spaces if reasonably necessary to satisfy this section’s need.
Gross Leasable Area of Building
|
Number of Spaces*
|
1,000 to 19,999 | 1 |
20,000 to 79,999 | 2 |
80,000 to 127,000 | 3 |
Notes to Table: * Plus one space for each additional 72,000 square feet, or fraction thereof. | |
(D) Size. Unless otherwise specified in this section, a required loading berth shall not be less than 12 feet in width, 50 feet in length, and 14 feet in height, exclusive of aisle and maneuvering space.
(E) Access. Each required loading berth shall be located with appropriate means of vehicular access to a street, or public alley, in a manner which will least interfere with traffic.
(F) Surfacing. All loading berths and accessways shall be improved with a durable material to control the dust and drainage.
(G) Accessory use. Any space allocated as a loading berth or maneuvering area, so as to comply with the terms of this chapter, shall not be used for the storage of goods, inoperable vehicles, or be included as a part of the space requirements necessary to meet the off-street parking area.
(H) Noise. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the hours of 9:00 p.m. and 7:00 a.m., except for the loading and unloading of grain.
(Prior Code, § 11.70)
§ 156.032 ACCESS DRIVES AND ACCESS.
(A) Access drives shall be setback a minimum of five feet from adjacent lots’ side and rear lot lines. The number, and types, of access drives onto major streets may be controlled, and limited, by the Council in the interests of public safety and efficient traffic flow.
(B) Access drives onto county roads shall require a review and approval by the County Engineer. The County Engineer shall determine the appropriate location, size, and design of the access drives, and may limit the number of access drives in the interest of public safety and efficient traffic flow.
(C) Access drives to principal structures which traverse wooded, or open, field areas shall be constructed, and maintained, to a width and base material depth sufficient to support access by emergency vehicles. All driveways shall have a minimum width of ten feet with a road strength capable of supporting emergency, and fire, vehicles.
(D) All lots, or parcels, shall have direct, adequate physical access for emergency vehicles along the frontage of the lot, or parcel, from either an existing dedicated public roadway, or an existing private roadway approved by the Council.
(Prior Code, § 11.70)
§ 156.033 SIGNS.
(A) Signs excluded from regulation. The following signs are exempt from regulation under this section:
(1) Sign sizes. Signs not exceeding four square feet in area that are customarily associated with a residential use, and are not of a commercial nature, such as:
(a) Signs giving property identification names or numbers, or names of occupants;
(b) Signs on mailboxes, or newspaper tubes; and
(c) Signs posted on private property relating to private parking, or warning the public against trespassing, and are not of a commercial nature.
(2) Legal notices, and other signs authorized by a governmental body. Signs erected by, or authorized by, a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs;
(3) Identification and informational. Signs erected by service organizations, including identification and informational signs, and are not of a commercial nature. Signs may not exceed 16 square feet;
(4) Public utilities. Official signs of a non-commercial nature erected by public utilities;
(5) Governmental, or nonprofit, signs. Flags, pennants, or insignia of any governmental, or nonprofit, organization when not displayed in connection with a commercial promotion, or as an advertising device;
(6) Directional, traffic signs. Signs directing, and guiding, traffic on private property that do not exceed four square feet each, and that bear no advertising matter;
(7) Church signs. Church bulletin boards, church identification signs, and church directional sign but do not exceed one per abutting street, do not exceed 25 square feet in area, and may be internally illuminated; and
(8) Non-commercial messages. Signs proclaiming religious, political, or other non-commercial messages (unless specifically regulated elsewhere), not exceeding one per abutting street, do not exceed 16 square feet in area, and are not internally illuminated.
(B) Temporary signs; permit exemptions and regulations. The following temporary signs are permitted without a sign permit. The signs shall conform to the requirements set forth below, as well as all other applicable requirements of this section:
(1) Real estate for sale, lease, or for rent signs (including buildings). The signs may not exceed 16 square feet in area, and shall be removed immediately after sale, lease, or rental. A single sign on each street frontage is permitted;
(2) Construction site identification signs that identify the project, owner, or developer, and the like (may contain information relating to sale, lease, or rent). Not more than one such sign may be erected per site, and it may not exceed 32 square feet in area. The sign shall be removed when construction, and landscaping, activities are completed;
(3) Signs erected in connection with elections or political campaigns. Such signs shall be permitted 30 days prior to the election, and must be removed within ten days following the election, or conclusion of the campaign. No such sign may exceed 16 square feet in surface area; and
(4) Signs indicating a special event (grand opening, fair, carnival, circus, festival, and the like) to take place on lot where the sign is located. The signs may be erected no sooner than two weeks before the event, and must be removed no later than three days after the event.
(5) Other temporary signs. Temporary signs not covered in the foregoing categories, so long as the signs meet the following restrictions:
(a) No more than one such sign may be located on any lot;
(b) The signs are not tacked, posted, painted, or otherwise affixed to walls of buildings, trees, fences, or poles;
(c) No such sign may exceed four square feet in surface area, unless otherwise stated; and
(d) The signs may not be displayed for longer than three consecutive days, nor more than ten days out of any 365 day period, unless otherwise stated.
(C) Permit required for signs. A permit shall be required to erect any sign in the city, unless exempted above. No sign shall be erected by any person until the plan for the proposed sign has been received by the Planning and Zoning Commission, and approved by the Council. Permit fees shall be determined by the Council. If a person begins work on any sign for which a permit is required without having secured the necessary permits therefor, either previous to or on the date of commencement of such work, they shall, when subsequently securing the permit, pay double the fee provided for such permit or shall be subject to the penalty provisions of this code.
(D) Determining the number of signs. A two sided, or multi-sided, sign shall be regarded as one sign so long as:
(1) V-type signs. With respect to a V-type sign, the two sides are, at no point, separated by a distance that exceeds five feet;
(2) Double-faced signs. With respect to double faced (back to back) signs, the distance between the backs of each face of the sign does not exceed three feet; and
(3) Sides of double-faced signs. Each side of a double faced sign shall count towards the overall sign surface threshold calculation.
(E) Total sign surface area (on-premises signage).
(1) Total surface area; exceeding limitations. Unless otherwise provided in this section, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this section, and all signs, except temporary signs, shall be included in this calculation.
(2) Maximum sign surface area; residential districts. Unless otherwise provided in this section, the maximum sign surface area permitted on any lot in any residential district is four square feet.
(3) Maximum sign surface area; business districts. Subject to the other provisions of this section, the maximum on-premises sign surface area permitted on any lot in any business district shall be determined as follows:
(a) The total sign surface area allowed shall be two square feet per linear foot of lot street frontage, or 10% of the building frontage area, or 75 square feet in area, whichever is greater. Only one face of a double faced, or V-type, sign shall be considered in determining the display surface area;
(b) For uses on corner lots, the frontage measurement to be used in the signage area calculation shall be the smallest dimension. In this case, the business owner shall be permitted to have two equivalent signs, one facing each street, subject to other regulations contained herein; and
(c) The maximum on-premises sign surface area on any lot in any business district shall be 200 square feet, unless specified differently in other sections.
(4) Maximum sign surface area; industrial districts. Subject to other provisions of this section, the maximum sign surface area on any lot in any industrial district shall be determined by multiplying the number of linear feet of street frontage of the lot by three feet, or 20% of the building frontage, or 300 square feet, whichever is greater.
(5) Sign surface area; wall of structure. The sign surface area of any sign located on a wall of a structure may not exceed 50% of the total surface area of the wall on which the sign is located.
(F) Number of freestanding signs (on-premises).
(1) Number of freestanding signs. Except as authorized below, no development may have more than one freestanding sign.
(2) Development on corner lot. If a development is located on a corner lot that has at least 100 feet of frontage on each of the two intersecting public streets, then the development may have no more than one freestanding sign along each side of the development bordered by such streets.
(3) Development bordered by two public streets. If a development is located on a lot that is bordered by two public streets that do not intersect at the lot’s boundaries, then the development may have no more than one freestanding sign on each side of the development bordered by such streets.
(G) Location and height requirement; freestanding signs.
(1) Setback requirements. Freestanding signs shall observe the setback requirements set forth within each district, and shall not encroach upon any road right-of-way.
(2) Anchoring of freestanding signs. Freestanding signs shall be securely fastened to the ground, or to some other substantial supportive structure, so that there is virtually no danger that either the sign, or the supportive structure, may be moved by the wind or other forces of nature, and cause injury to persons, or property.
(3) Height in business districts. No part of a freestanding sign may exceed a height, measured from ground level, of 32 feet in the B-2 and B-3 Business Districts, and both industrial districts, no more than 45 feet in the B-4 Highway Commercial Business District, and no more than 15 feet in residential districts.
(4) Roofs and parapets. No sign may extend above any parapet, or be placed upon any roof surface.
(5) Building walls. No sign attached to a building may project more than 12 inches from the building wall.
(H) Off-premises sign regulations.
(1) Permit; Highway Commercial Business District. This type of signage may only be established in the B-4 Highway Commercial Business District through the issuance of a special use permit.
(2) Total sign area. The total area of any off-premises sign shall not exceed 700 square feet, computed on the basis of one side of any double-faced sign.
(3) Total sign height. The sign, and its supporting structure, shall not exceed 45 feet in height.
(4) Residential zoning districts. Off-premises signs shall not be located within 100 feet of a residential zoning district park, playground, or school.
(5) Separation. Signs on the same side of a street, or highway, shall have a separation of 400 lineal feet.
(6) Setback standards. Signs shall be required to meet all setback standards of the zoning district.
(7) Illumination. The source of light for the purpose of illumination may be indirect, or direct, and shall not be directed in any way except onto the advertising copy.
(8) Color of exposed uprights. The exposed uprights, or superstructure, shall be painted a neutral color.
(9) Ground supports. All ground supports shall meet appropriate building codes.
(10) Roof tops. Off-premises signs shall not be permitted on roof tops.
(11) Wall-mounted signs. Wall-mounted off-premises signs shall be on a separate frame, shall not extend beyond 12 inches from the wall surface, and shall not exceed 50% of the square footage of the wall it occupies, or 700 square feet, whichever is less.
(I) Subdivision development entrance signs. At any entrance to a residential subdivision development, there may be no more than two signs identifying the subdivision, or development. A single side of any such sign may not exceed 16 square feet, nor may the total surface area of all such signs located at a single entrance exceed 32 square feet.
(J) Sign illumination and signs containing lights.
(1) General. Unless otherwise prohibited by this section, signs may be illuminated if the illumination is in accordance with this section.
(2) Lighting. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign, and does not shine directly into a public right-of-way or residential premises.
(3) Illuminated tubings, or strings of light. Illuminated tubings, or strings of lights, that outline property lines, sales areas, roof lines, doors, windows, or similar areas are prohibited.
(4) Flashing lights. No sign may contain, or be illuminated, by flashing or intermittent lights, or lights of changing degrees of intensity, except signs indicating the time, date, or weather conditions.
(K) Signage prohibitions.
(1) Streets. No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections, or to enter onto, or exit from, public streets or private roads for a distance of 500 feet.
(2) Signs that revolve are prohibited. Without limiting the foregoing, banners, streamers, animated display boards, pennants, and propellers are prohibited, but signs that only move occasionally because of wind are not prohibited if their movement:
(a) Is not a primary design feature of the sign;
(b) Is not intended to attract attention to the sign; and
(c) Is not specifically excluded elsewhere in this section.
(3) Confusion with signs erected by governmental agencies. No sign may be erected so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of, or be confused with, official traffic signs, or other signs erected by governmental agencies.
(4) Affixation of signs. No sign may be affixed, or painted, on rocks, trees, or other perennial plants, or on any public utility pole.
(5) Rotating beams, light. No sign may contain a rotating beam, or beam of light, resembling an emergency vehicle.
(6) Simulation of state, county, municipality, or other governmental sign. No sign may simulate any official, directional, or warning sign that is typically erected, or maintained, by the state, county, municipality, or other governmental subdivision, nor may any sign be erected which incorporates, or makes use of, light simulating, or resembling, traffic signals or control signs.
(7) Distracting signs. No sign may be erected which casts a distracting, or confusing, ray of light onto, or visible from, the public roadway.
(8) Interference. No sign may interfere with public facilities, or the maintenance thereof.
(9) Obstructions. No sign may obstruct any window, door, fire escape, stairway, or opening essential to the provision of light, air, ingress, or egress from any building.
(10) Multiple surface areas. No sign may contain more than two surface areas or facings.
(11) Rights-of-way. No sign is permitted within the right-of-way of any public road, except as erected by an official unit of government for the direction of traffic, or necessary public information.
(12) Motion signs. Motion signs and flashing signs are prohibited, except time and temperature signs depicting a constant message as contrasted to a moving message.
(13) Private signs. No private sign shall be erected that resembles any official marker, or sign, erected of a governmental agency, or shall display such words as “Stop” or “Danger” unless so specified by this chapter, or the city code.
(14) Projecting signs. Projecting signs are prohibited.
(15) Roof signs. Roof signs are prohibited.
(16) Expired business signs. Signs which advertise an activity, business, product, or service no longer produced, or conducted, on the premises upon which the sign is located shall be removed immediately upon termination of use. Where the owner, or lessor, of the premises is seeking a new tenant, such signs may remain in place for not more than 30 days from the date of vacancy.
(17) Advertising or business signs. The signs on, or attached to, equipment, such as semi-truck trailers, where signing is a principal use of the equipment on either a temporary, or permanent, basis is prohibited.
(L) Maintenance of signs.
(1) State of repair. All signs, and all components thereof, including, without limitation supports, braces, and anchors, shall be kept in a state of good repair. With respect to freestanding signs, components not bearing a message shall be constructed of materials that blend with the natural environment, or shall be painted a neutral color to blend with the natural environment.
(2) Abandoned signs. If a sign, other than a billboard, advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating, or being offered or conducted, that sign shall be considered abandoned and shall, within 60 days after the abandonment, be removed by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
(3) Message of a sign. If the message portion of a sign is removed, leaving only the supporting “shell” of a sign, or the supporting braces, anchors, or similar components, the owner of the sign, or the owner of the property where the sign is located, or other person having control over the sign shall, within 180 days of the removal of the message portion of the sign, either replace the entire message portion of the sign, or remove the remaining components of the sign.
(4) Debris around sign. The area within ten feet in all directions of any part of a freestanding sign shall be kept clear of all debris and all undergrowth more than six inches in height.
(M) Non-conforming signs.
(1) Increasing extent of non-conformity. No person may engage in any activity that causes an increase in the extent of non-conformity of a non-conforming sign. No non-conforming sign may be enlarged, or altered, in a manner as to aggravate the non-conforming condition, nor may illumination be added to any non-conforming sign.
(2) Moved or replaced. A non-conforming sign may not be moved, or replaced, except to bring the sign into conformity with this section.
(3) Destroyed or damaged. If a non-conforming sign is destroyed, or damaged, more than 50% of its value, it may not be repaired, reconstructed, or replaced except in conformity with all provisions of this section, and the remnants of the former sign structure shall be cleared from the land.
(4) Message of non-conforming sign. The message of a non-conforming sign may be changed so long as this does not create any new non-conformities.
(5) Repaired or renovated. Subject to other provisions of this section, non-conforming signs may be repaired, and renovated, so long as the cost of the work does not exceed 50% of the sign’s value within any 12-month period.
(6) Advertising. If a non-conforming sign, other than a billboard, advertises a business, service, commodity, accommodation, attraction, or other enterprise, or activity, that is no longer operating or being offered, or conducted, that sign shall be considered abandoned, and shall be removed within 60 days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
(N) Monument signs.
(1) Definition. A freestanding sign, in which the entire base of the sign structure is in contact with the ground, providing a solid, and continuous, background for the sign face that is the same width as the sign from the ground to the top of the sign. The base of the sign shall be constructed of a permanent material, such as concrete block or stone, shall be considered a MONUMENT SIGN.
(2) Metal shroud. A piece of metal which is used to conceal, and screen, the support structure of a monument sign.
(3) Monument sign area. The advertising area of a monument sign.
(4) Prohibited signs. The following signs are prohibited by this section:
(a) Signs that resemble any official marker erected by a government agency by reason of position, shape, or color, which interferes with the proper function of a traffic sign, signal, or be misleading to vehicular traffic;
(b) Signs within a public right-of-way or easement, except for signs installed by governmental entities;
(c) Signs attached to rocks, trees, fences, or utility poles. Signs on fences denoting safety hazards will be allowed;
(d) Signs of a rotating beam or flashing illumination;
(e) Signs advertising by letters, words, or figures painted upon any sidewalk within the city;
(f) Advertising signs painted on any exterior building surface;
(g) Rotating signs;
(h) Signs painted, or attached, to vehicles where the vehicle is parked on a property, and not intended to be moved for a period of 48 hours, or more. At all times, vehicles containing advertising and/or signage shall not be parked along the property frontage;
(i) Roof signs;
(j) Temporary signs which advertise a business, product, or service which is not produced, or conducted, on the zoning lot upon which the sign is located; and
(k) Signs which project over the public right-of-way.
(5) Construction of monument signs. Monument signs shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of the sign shall either be Kasota stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors, unless otherwise provided for. A solid, continuous background area should be provided from the ground to the top of the sign via a combination of either Kasota stone, precise concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance, and color, of the principal building.
(6) Ground area. The ground area around the base, or base of the sign, of the monument in ground/pylon sign shall be landscaped with shrubs and ground cover equal to the area of 50% of the sign base. The landscaping shall consist of shrubs and ground covers that can withstand the environmental conditions of the site, and will provide season interest.
(7) Business and industrial districts. Monument signs will be permitted in business and industrial districts within the city when in compliance with all other zoning provisions and regulations. The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front lineal footage of the lot.
(8) Dimensions, placement of monument signs.
(a) Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign either in combination of Kasota stone, precise concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance, and color, of the principal building.
(b) Monument sign height may be 10% of the front lineal frontage of a lot with not less than ten feet required, or more than 15 feet permitted.
(c) No more than one monument sign shall be permitted per zoning lot except through lots.
(d) The square foot area of the sign shall not exceed the front lineal frontage of the zoning lot.
(e) The sign face shall occupy at least 50% of the monument sign.
(f) A landscaping area shall be provided around the base of the sign in accordance with this section.
(g) The sign shall not encroach upon any road right-of-way, and monument signs shall observe the setback regulations set forth within each zoning district.
(h) Multi-tenant business centers will be allowed to have one joint identification monument sign.
(O) Sign material standards in Business Districts.
(1) Applicability. This division applies to all permanent signs in the B-2, B-3, and B-4 Business Districts. It does not apply to temporary signs as defined in division (B) of this section, monument signs subject to division (N), or signs specifically exempt under division (A).
(2) Permitted materials. Permanent signs in the business districts must be constructed from high-quality, durable materials that are weather-resistant and suitable for long-term outdoor use, including but not limited to:
(a) Painted or sealed wood;
(b) Aluminum, steel, or other corrosion-resistant metals:
(c) High-density urethane (HDU) or other durable synthetic materials designed for sign construction;
(d) Glass, acrylic, or similar rigid materials;
(e) Fabricated composite panels; or
(f) Approved metal shrouds and architectural elements that match building design.
(3) Prohibited materials. The following materials shall not be used for permanent signs in business districts:
(a) Cardboard, paper, foam board, or similar temporary substrates;
(b) Plywood or raw wood not sealed or painted;
(c) Vinyl banners used in place of a permanent sign;
(d) Plastic that is prone to fading, yellowing, warping, or cracking;
(e) Any material that poses a safety hazard due to poor structural integrity.
(4) Existing signs. Existing permanent signs constructed from materials not listed in division (O)(2) shall be allowed to remain until they are replaced, reconstructed, or become non-conforming under division (M) above.
(5) Administrative discretion. The Planning and Zoning Commission may approve alternative materials upon determination that the material is of equal or greater durability, weather resistance, and visual quality to those listed above.
(Prior Code, § 11.70) (Ord. 165, second series, passed 7-5-2000; Ord. 207, second series, passed 9-4-2007; Ord. 26, third series, passed 9-18-2012; Ord. 024, fourth series, passed 5-21-2024; Ord. 031, fourth series, passed 8-19-2025)
§ 156.034 HOME OCCUPATIONS.
When allowed, home occupations shall be subject to the following additional regulations.
(A) Family on premises. Family members residing on the premises shall be engaged in the home occupation.
(B) Hours. Customers may visit the site only during the hours of 7:00 a.m. to 9:00 p.m. This does not apply to licensed child day care facilities.
(C) Residence. The home occupation shall be clearly incidental to the primary use as a residence. The home occupation shall not exceed 25% of the floor area of the livable portion of the dwelling (does not apply to licensed child care facilities). Exterior modifications to the dwelling to accommodate the home occupation shall be prohibited, which might include construction of parking lots, paving of required yard setbacks, or adding commercial exterior lighting effects.
(D) Use of accessory buildings. The use of an accessory building for the home occupation is limited to just storage. This type of use is further limited to 25% of the enclosed area within the accessory building, or a total of 250 square feet, whichever is less.
(E) Display of goods. No display of goods, products, or services shall be visible from off-site.
(F) Traffic and parking. Traffic and parking associated with the use shall not be detrimental to the neighborhood, or create congestion on the street where the home occupation is located. Truck deliveries or pick ups at the home are permitted to occur between the hours of 8:00 a.m. and 6:00 p.m. Vehicles used for delivery and pick up are limited to those normally servicing residential neighborhoods.
(G) Sold at retail, wholesale. No goods, products, or commodities bought, or secured, for the express purpose of resale shall be sold at retail, or wholesale, on the premises.
(H) Machinery. No machinery that causes noise, or interference with radio, television, or other electronic home devices, shall be permitted.
(I) Equipment. No equipment, or process, shall be used in connection with the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference with is detectable off site.
(J) Commercially-licensed vehicles. Only one commercially-licensed vehicle shall be allowed in connection with the home occupation.
(Prior Code, § 11.70)
§ 156.035 PRIVATE ON-SITE UTILITIES.
No private on-site utilities are permitted within the utility service area of the city. If the utility service area of the city is expanded to an area not previously served, all uses shall be required to connect to city utility services within one year of the extension. If a use is permitted to locate within an area of the city not served by utilities, the sewage treatment, system must conform to the State Pollution Control Agency’s Rules, Chapter 7080, or as amended, and the private well must conform to the State Department of Health Rules that govern the construction, and location, of private wells.
(Prior Code, § 11.70)
§ 156.036 AUTO SERVICE STATION/AUTO REPAIR SHOP STANDARDS.
(A) Lot size. A service station, or repair shop, site shall be a minimum of 10,000 square feet in size.
(B) Setbacks. The building, or buildings, shall be back at least 35 feet from the street right-of-way. Adjacent to residential districts, the service station, or repair shop, buildings, signs, and pumps shall be setback a minimum of 25 feet from adjoining property. In commercial areas, the structures shall be setback at least ten feet from adjoining property.
(C) Curb and gutters. Concrete curb and gutters shall be installed on all streets giving access to the station. There shall be a six-inch curb along all interior driveways.
(D) Fencing and screening. When adjacent to residential property, there shall be some type of screening provided.
(E) Vehicles. No vehicles shall be parked on the premises other than those utilized by employees, or awaiting service. No vehicle shall be parked, or be waiting service, longer than 15 days.
(F) Exterior storage. Exterior storage, besides vehicles, shall be limited to service equipment and items offered for sale, and those items listed in division (I) below. Exterior storage of items offered for sale shall be located in containers, such as the racks, metal trays, and similar structures designed to display merchandise.
(G) Screening. All areas utilized for the storage, or disposal, of trash, debris, discarded parts, and similar items, shall be fully screened. All structures and grounds shall be maintained in an orderly, clean, and safe manner.
(H) Architecture. The station, and other buildings, shall be of a design that is compatible with the surroundings.
(I) Outdoor displays. The storage of used tires, batteries, and other items for sale outside the building shall be controlled; the items shall be displayed in specially-designated containers, and be limited to one or two areas well back from the street right-of-way line. Junk cars, empty cans, and other unsightly materials will not be permitted in an area subject to public view.
(J) Lighting. Lights shall be designed and placed in a manner as to direct the light away from residential areas.
(K) Other activities. Business activities not listed in the definition of service stations or repair shops, and not incidental to these types of businesses, are not permitted on the premises unless a special use permit is obtained specifically for the business. These additional activities include, but are not limited to, the following:
(1) Automatic car and truck wash;
(2) Rental of vehicles, equipment, or trailers; and
(3) General retail sales.
(L) Gas pumps. Gas pumps located at, and a part of, other types of business establishments shall require a special use permit.
(Prior Code, § 11.70)
§ 156.037 DRIVE-IN BUSINESS STANDARDS.
(A) Design standards. The following standards shall apply to drive-in businesses in all districts:
(1) The entire area of any drive-in business shall have a drainage system approved by the City Engineer;
(2) The entire area, other than that occupied by structures or planting, shall be surfaced with a surface material which will control dust and drainage; and
(3) A fence, or screen, of acceptable design not over six feet in height, or less than four feet, shall be constructed along the property line abutting a residential district, and the fence, or screen, shall be adequately maintained.
(B) General requirements.
(1) Any drive-in business serving goods or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area.
(2) The hours of operation shall be set forth as a condition of any permit issued for drive-in businesses.
(3) Each drive-in business serving food may have outside seating.
(4) Each food or beverage drive-in business shall replace receptacles at all exits, as well as one refuse receptacle per ten vehicle parking spaces within the parking area.
(5) Electronic devices, such as loudspeakers, automobile service order devices, and other similar instruments, shall not be located within 200 feet of any residential dwelling unit.
(6) No service shall be rendered, deliveries made, or sales conducted within the required front yard. Customers served in vehicles shall be parked to the sides, and/or rear, of the principal structure.
(C) Locational requirements.
(1) No drive-in business shall be located within 200 feet of a public, or parochial, school.
(2) No drive-in business shall be located such that it may increase traffic volumes on nearby residential streets.
(3) No drive-in shall be located on any street other than a thoroughfare or business service road, as designated on the city map.
(D) Site plan information.
(1) The site plan shall clearly indicate suitable storage containers for all waste material. All commercial refuse containers shall be screened.
(2) A landscaping plan shall be included, and shall set forth complete specifications for plants, and other features.
(3) Adequate area shall be designated for snow storage so that clear visibility shall be maintained from the property to any public street.
(4) The design of any structure shall be compatible with other structures in the surrounding area.
(Prior Code, § 11.70)
§ 156.038 TELECOMMUNICATION TOWERS AND ANTENNAE.
(A) Purpose. To accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the city finds that these regulations are necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents, and businesses, of the city;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(4) Maximize the use of existing, and approved, towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.
(B) Required permits. Prior to any construction activities, the following permits must be secured from the city:
(1) A building permit; and
(2) A special use permit, as required by § 156.054, and as required by the special use permit application.
(C) Zoning district use. Telecommunication towers and antennae will be allowed in any zoning district in the city upon the approval of the two permits required in division (B) above. The special use permit is required regardless of the underlying zoning district.
(D) Area, setback, and height restrictions.
(1) The minimum lot area requirements are determined by the zoning district in which the tower development site is located, and as determined by any additional area needed to meet all setback requirements of this chapter.
(2) The minimum setback from all property lines and public rights-of-way for telecommunications towers shall be equal to its height, except for towers that are designed to collapse in upon themselves. For these latter type of towers, the minimum setbacks are one-half the tower height for all yard setbacks.
(3) The maximum height for telecommunications towers, including antennae, is 200 feet.
(E) Co-location requirements.
(1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless it can be documented by the applicant, by a qualified, and licensed, engineer, that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing, or approved, tower, commercial building, or public structure within a one-mile radius of the proposed tower site due to one, or more, of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing, or approved, tower or commercial building, and the existing, or approved, tower cannot be reinforced, modified, or replaced to accommodate planned, or equivalent, equipment at a reasonable cost;
(b) The planned equipment would cause interference materially impacting the usability of other existing, or planned, equipment at the tower, or building, and interference cannot be prevented at a reasonable cost;
(c) Existing, or approved, towers and buildings within the search radius (one mile) cannot accommodate the planned equipment at a height necessary to reasonably function; and/or
(d) The applicant must demonstrate that a good faith effort to co-locate equipment on existing towers, or structures, within the one-mile radius, but an agreement could not be reached.
(2) Predominantly economic reasons for not pursuing co-location sites shall not be accepted, and would generally be grounds for rejection of the application, and/or denial of the special use permit.
(3) Any proposed commercial wireless telecommunication service tower shall be designed to accommodate both the applicant’s antennae and comparable antennae for at least two additional users. Towers must be designed to allow for future rearrangement of antennae upon the tower, and to accept antennae mounted at varying heights.
(F) Tower design requirements. Proposed, or modified, towers and antennae shall meet the following design requirements:
(1) Towers and antennae shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal, or state, authorities; and
(2) Commercial wireless telecommunication service towers shall be of a monopole design, unless the Council determines that an alternative design would better blend in to the surrounding environment. Towers must be self-supporting without the use of wires, cables, beams, or other means.
(G) Construction requirements.
(1) All antennae, towers, and accessory structures shall comply with all applicable provisions of this chapter.
(2) Towers shall be certified by a qualified, and licensed, professional engineer to conform to the latest structural standards, and wind loading requirements, of the Uniform Building Code and the Electronics Industry Association.
(3) No part of any antenna, or tower, nor any lines, cable, equipment, wires, or braces in connection with either shall, at any time, extend across, or over, any part of the right-of-way, public street, highway, sidewalk, or property line.
(4) Towers and associated antennae shall be designed to conform with accepted electrical engineering methods and practices, and to comply with the provisions of the National Electrical Code.
(5) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower, or antenna, and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
(6) Every tower affixed to the ground shall be protected by a security fence to discourage climbing of the tower, unless waived by the city.
(7) Tower locations should provide the maximum amount of screening possible for off-site views of the facility. Existing on-site vegetation shall be preserved to the maximum extent practicable. The area around the base of the tower, and any accessory structures, shall be landscaped, and/or screened.
(H) Lights and other attachments.
(1) No antenna, or tower, shall have affixed, or attached, to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency (FAA) or the Federal Communications Commission (FCC), nor shall any tower have constructed on, or attached to, in any way, any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair.
(2) The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited.
(I) Accessory utility building. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment, and shall meet the minimum setback requirements of the zoning district in which the tower site is located. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects, and complements, the architectural character of the surrounding neighborhood.
(J) Screening standards.
(1) When used, walls, or fences, must provide for full visual screening of accessory buildings or storage areas, as viewed from residential areas and state, and county, roads.
(2) The materials used for constructing the wall, or fence, shall be specified in the site plan, and shall be subject to approval by the Planning and Zoning Commission and Council.
(3) Berms, if used, shall be constructed with a slope not to exceed 3:1, and shall be covered with sod, or other landscape material, sufficient to prevent erosion of the berm.
(4) Trees, hedges, or other vegetative materials, when used, must provide at least 75% capacity throughout the year. The screening must also conform to all vegetative setback requirements of this chapter.
(K) Maintenance requirements.
(1) The yard area in front of fences, and walls, shall be trimmed, and maintained, in a neat and attractive manner.
(2) Repairs to damaged areas of walls, or fences, shall be made within 30 days of sustaining the damage.
(3) Areas left in a natural state, and vegetative screening area, shall be properly maintained in a sightly, and well-kept, condition.
(4) Diseased, dying, or dead vegetative screening elements shall be removed and then replaced, at a minimum, with healthy plants of the same size required when first planted.
(L) Abandoned, or unused towers, or portions of towers.
(1) All abandoned, or unused, towers, and associated facilities, shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower, and any associated facilities, upon the cessation of their operations, shall be submitted at the time of application. In the event that a tower is not removed within six months of cessation of operations at a site, the tower, and associated facilities, may be removed by the city, and the cost of removal assessed against the property.
(2) Unused portions of towers above manufactured connection shall be removed within six months of the time of antenna relocations. The replacement of portions of a tower previously removed requires the issuance of a new building/special use permit.
(M) Antennae mounted on roofs, walls, and existing towers. The placement of wireless telecommunication antennae on roofs, walls, and existing towers may be approved by the Council; provided, the antennae meets the requirements of this chapter, after submittal of:
(1) A site and building plan; and
(2) A report prepared by a qualified, and licensed, professional engineer indicating the existing structure’s, or tower’s, suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. A complete detailing of all fixtures and couplings needed, and the precise point of attachment, shall be indicated.
(N) Additional submittal requirements. In addition to the information required elsewhere in this chapter, applications for towers shall include the following supplemental information:
(1) Documentation of the area to be served by the tower, including a narrative describing why the site chosen is the most appropriate site for the tower location, the results of any environmental review conducted on the chosen site, and a discussion of why existing structures within the search area would not be suitable as locations, or co-locations, for the purpose of the antennae;
(2) A copy of an agreement between the applicant and property owner that the site, and tower, will be designed for not less than three users. The agreement shall also include a statement that any unused, or obsolete, tower shall be removed by the property owner, or applicant. This agreement shall be signed by the applicant and property owner, and shall be attached to, and become part of, the permit;
(3) A report from a qualified, and licensed, professional engineer which:
(a) Describes the tower height and design, including a cross section and elevation;
(b) Documents the height above grade for all potential mounting positions for co-locating antennae, and the minimum separation distances between antennae;
(c) Describes the tower capacity, including the number, and type, of antennae it can accommodate;
(d) Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
(e) Includes an engineer’s stamp and registration number; and
(f) Includes other information necessary to evaluate the request.
(4) Before the issuance of a building permit, the following supplemental information shall be submitted:
(a) Proof that the proposed tower complies with regulations administered by the FAA; and
(b) A report from a qualified, and licensed, professional engineer which demonstrates the tower’s compliance with the aforementioned structural, and electrical, standards.
(5) Additional liability insurance equivalent to the minimum city requirements, and proof of insurance shall be provided with all other information contained with the submittal materials.
(Prior Code, § 11.70)