City of Edmundson, MO Article IV Supplementary District Regulations

Section 405.180 Purpose.

[CC 2001 §405.180; Ord. No. 856 §12.08(1), 6-11-1987]

Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this code. These general regulations supplement and qualify the district regulations appearing elsewhere in this code.

Section 405.190 Height Exceptions.

[CC 2001 §405.190; Ord. No. 856 §12.08(2), 6-11-1987]

A. Public And Semi-Public Buildings. In any district, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, there permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

B. Structural Projections. Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations, except that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than fifteen percent (15%), except as indicated below.

1. Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article IX of this code, except in no event shall a residential radio or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.

2. Radio, television and microwave transmission towers shall only be permitted upon sites located with the "PD-C" Zoning District.

Section 405.200 Yard and Setback Exceptions.

[CC 2001 §405.200; Ord. No. 856 §12.08(3), 6-11-1987]

A. Commercial Front Yards. In the "C" Commercial District, where buildings located in the same block on the same side of a street have provided front yards of greater depth than herein required, the Planning and Zoning Commission may require a similar setback for buildings or structures constructed thereafter.

B. Determination Of Setbacks. In measuring a yard, the minimum horizontal distance between the proposed right-of-way line and the main building shall be used. The required setback line shall be measured from the proposed right-of-way line which shall be determined by the latest revision of the City of Edmundson Comprehensive Plan. If a new or existing street is not defined by the adopted Comprehensive Plan, the required width of said street in question shall be determined by the Planning and Zoning Commission.

C. Structural Projections. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features, and eaves, provided however, that none of the above projections shall extend into a minimum yard more than thirty (30) inches; and provided further that balconies, canopies, or open porches may project a maximum of ten (10) feet into the required front or rear yard, and existing open porches extending into the required yard shall not be enclosed. Mechanical units are specifically excluded from this exception, whether attached or detached.

D. Fire Escapes/Balconies. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than five (5) feet from the building. Fire escapes, solid floored balconies, and enclosed outside stairways may project not more than five (5) feet into a required rear yard.

E. Accessory Buildings And Structures. See Article IV, Section 405.230, Accessory Buildings and Structures.

F. Sight Triangle. On a corner lot in any district, development shall conform to the requirements of the sight triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points thirty (30) feet from their point of intersection or at equivalent points on private streets or driveways, except that the site triangle shall be increased for certain uses when deemed necessary for traffic safety by the Board of Aldermen.

SIGHT TRIANGLE

G. Rear Yards Adjacent To Alleys. In computing the depth of the rear yard where such yard opens into any alley, one-half (½) of the alley width may be included as a portion of the rear yard.

H. Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.

I. Roof Overhangs. Roof overhangs projecting not to exceed twenty-four (24) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a side or rear yard, but no closer than forty-eight (48) inches to a property line.

J. Canopy Overhangs. Canopy overhangs for service stations may project a maximum of eighteen (18) inches into required front yards.

K. Porches. Slab type porches or paved terraces and patios having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed ten (10) feet.

Section 405.210 Area Regulations.

[CC 2001 §405.210; Ord. No. 856 §12.08(4), 6-11-1987]

Maximum Lot Coverage Calculation. In computing the amount of lot coverage, the amount of coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or as viewed from above and includes all projections other than open porches, fire escapes, canopies or the first forty-eight (48) inches of a roof overhang. Roads, driveways, parking lots and swimming pools shall not be included in maximum lot coverage requirements.

Section 405.220 Access Regulations.

[CC 2001 §405.220; Ord. No. 856 §12.08(5), 6-11-1987]

A. Access To Commercial Districts. No land which is located in a residential district shall be used for a major access route to any land which is located in any commercial district; provided however, that this Section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as a part of a planned district development.

B. Street Access. All lots shall abut a street other than an alley for a width of at least thirty-five (35) feet.

Section 405.230 Accessory Buildings and Structures. [1]

[CC 2001 §405.230; Ord. No. 856 §12.08(6), 6-11-1987; Ord. No. 1242 §1, 2-11-2005; Ord. No. 1332 §1, 2008]

A. No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this code. Accessory buildings, except garages, must be located in the rear yard of a lot and must conform to all provisions of this code. On a corner lot, all accessory buildings (except garages) and recreational vehicle pads must be located in the rear yard of a lot on the interior side.

1. Attached accessory buildings. Any accessory building which is structurally attached to the principal building of a lot shall be considered part of the principal building and shall comply with all provisions of this code pertaining thereto.

2. Detached accessory buildings and structures.

a. Height. In any district, a detached accessory building or structure shall not exceed twenty-five (25) feet or two (2) stories in height and shall not be higher than the main building.

b. Yard and area requirements. No detached accessory building or structure shall be erected in any required front or side yard. Detached accessory buildings may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area. No detached building or structure may be erected closer than five (5) feet to the rear lot line nor closer to the side lot line than the required minimum side yard setback of the district. In no case shall any accessory structure be located in a required transition strip.

c. Building bulk regulations. No accessory building or structure shall be larger in total area than twenty percent (20%) of the total building area of the principal structure on the lot.

3. Satellite dish receiving antennas. A building permit for a satellite dish receiving antenna may be issued in accordance with the provisions of this Chapter, provided that:

a. The dish is located within the rear yard area of the lot, provided that on a corner lot the dish shall not be placed closer to the side street than the front yard setback line.

b. The dish does not exceed ten (10) feet in diameter.

c. The tallest portion of the dish structure does not exceed twenty (20) feet in height from the surrounding grade.

d. All parts of the dish structure are no closer than ten (10) feet to any rear or side property line.

e. The dish entrance and its attachment to a building or the ground shall meet all applicable requirements of the Building and Electrical Codes as currently adopted by the City of Edmundson, as well as any other applicable City ordinances.

f. The dish structure shall be placed in a concrete foundation with all structural supports being of galvanized metal.

4. Fences. Fences are allowed in the "R-1" Single-Family Residential Zoning District as long as a building permit has been properly issued for such fence and the fence conforms to the requirements of this Section as set forth below:

a. Such fences shall be restricted to the rear and side yard area of the lot and shall not extend beyond the front building line.

b. Chain link fences shall not exceed four (4) feet in height. Wooden or vinyl fences shall not exceed six (6) feet in height.

c. Any fence installed on a corner lot shall not be closer to any street than the front building line of the residential structures located along both streets. Therefore, on a corner lot, no fence shall extend beyond:

(1) The front building line of the residential structure located on the corner lot; and

(2) The front building line of the residential structures along the perpendicular street.

d. All fences shall be constructed with the posts and framing materials on the interior of the fence so that the finished side (or "good side") is facing outward, away from the enclosed property. In the case of multiple fencing on one (1) parcel of property, this Section applies to all fencing on such parcel regardless of whether there is an exterior fence that surrounds or conceals an interior fence.

[1] Editor's Note: Ord. No. 1545, adopted 12-8-2022, provided that all regulations set forth in the City Code of Ordinances and in effect on August 27, 2021, regarding physical security measures around private property are hereby ratified, confirmed and reenacted as of the effective date of this Ordinance based upon the legislative findings set forth in this Ordinance. Such ratification, confirmation and reenactment are hereby made on a severable basis, such that in the event any court were to hold that a specific regulation is not enforceable under Section 67.494, RSMo., or other applicable law, such ruling shall not affect the enforceability of any other regulation not specifically invalidated by such ruling.

Section 405.240 Home Occupations.

[CC 2001 §405.240; Ord. No. 1287 §1, 1-11-2007; Ord. No. 1515, 12-12-2019; Ord. No. 1544, 12-8-2022]

A. Purpose and Intent. It is the intent of this Chapter to recognize and permit home occupations as allowed by State law and to regulate such businesses to mitigate the adverse impacts that such may pose to neighboring residential property. In this regard, home occupations shall be regulated in order to ensure compatibility with other uses permitted in the residential district and to protect residential neighborhoods from potential adverse impacts, such as excessive noise, traffic, nuisances, etc., associated with home occupations.

B. Compliance with all applicable laws and regulations required. The property where a home-based business is located shall be maintained in compliance with all applicable building, housing and property maintenance codes and other applicable laws to such property. No home-based business shall create any condition which creates a nuisance or is in violation of applicable law and regulation. Any home-based business shall be operated in compliance with applicable laws and regulations.

C. Registration Required. Any owner of residential property operating a home-based business from such residential property shall register such business with the City of Edmundson. Such registration shall contain, at a minimum: (i) the name and nature of the business; (ii) the name of the resident responsible for the operation of such business; (iii) the number of residents of the property and the number of employees or customers which may be present at the site at any given time (which total number shall not exceed the maximum occupancy of the structure); (iv) the on-site (off-street) parking available for employees or customers; and (v) a description of the goods or services to be sold; (vi) a description of any special equipment which is necessary to be used in the operation of such business; and (vii) the property owner's consent if the property is rental property and the tenant proposes to operate a home-based business at the location.

D. Regulations.

1. A home occupation shall only be operated by a resident (owner or tenant) of the structure where the home occupation is located.

2. A home occupation shall be limited to the sale of lawful goods and services. For purposes of this Section, ''goods'' shall be defined as any merchandise, equipment, products, supplies, or materials.

3. Any structure where a home-based business is to be operated shall have a valid occupancy permit.

4. The aggregate of the total number of residents residing in the structure and the number of employees or customers for the home-based business shall not exceed the maximum occupancy limit for the structure.

5. The residential property must have sufficient on-site (off-street) parking available for all residents of the structure and all employees and customers for the home-based business. Use of the streets for parking shall constitute a nuisance. All on-site parking shall comply with all ordinances of the City of Edmundson with respect to parking and vehicles.

6. The home-based business shall adequately stagger the presence of third parties at the property so as to minimize traffic impacts in the neighborhood. The home-based business shall not cause a substantial increase in traffic through the residential area.

7. Any operation, equipment, or inventory of a home occupation shall not be visible from any street.

8. Every home occupation shall be clearly incidental or secondary to the use of the dwelling unit for residential purposes. No use or change, including the attachment of signage, shall be made to the residential structure which changes the residential character of the residential building. It shall be presumed that the use of more than fifteen percent (15%) of the residential structure or ten percent (10%) of the exterior portions of the property for any home occupation shall not be ''clearly incidental or secondary to the use of the dwelling unit for residential purposes."

9. No home-based business shall adversely affect the character of the surrounding neighborhood.

10. No home occupation shall generate noise, dust, electrical interference, or other nuisance conditions.

11. No home occupation shall involve the use of any hazardous or explosive material.

12. No lighting, equipment, or materials shall be used which produce any effects (including but not limited to, noise, dust, vibrations, light, and odors) outside the primary structure or any permitted accessory structure.

Section 405.250 Temporary Uses.

[CC 2001 §405.250; Ord. No. 856 §12.08(8), 6-11-1987]

A. Temporary Uses.

1. Temporary use permit. The Planning and Zoning Commission is authorized to issue a permit for a temporary use within any zoning district provided it meets the requirements of this Section. The permit shall be issued for a specified period of time and shall contain health, safety and traffic regulations. The Planning and Zoning Commission may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances.

B. Temporary Uses Permitted.

1. Christmas tree sales. Christmas tree sales in any commercial district for a period not to exceed thirty (30) days. Display of Christmas trees need not comply with the applicable yard setback requirements provided that no display will encroach within the required yard setback for any district by more than fifty percent (50%) and no display or equipment shall be located within the thirty (30) foot sight triangle of a street or driveway intersection as defined in this Code.

2. Contractors' offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development, or after revocation of building permits, or on order by the Building Official upon a finding by him/her that said temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of one thousand dollars ($1,000.00) for their removal shall be posted with Edmundson.

3. Temporary outdoor retail sales and displays. The temporary sale or display of goods or merchandise outdoors of a permanent place of business, by that business, for a period of greater than seven (7) days in duration or greater in occurrence than four (4) times a year may be permitted provided that the goods or merchandise offered for sale shall not be placed in such a fashion as to occupy any required parking space or obstruct the thirty (30) foot sight triangle of any driveway access or public street. Please note, "sidewalk sales" conducted outdoors of a permanent place of business, by that business, for a period of seven (7) days or less and do not occur more often than four (4) times a year shall be permitted without special approval by the Planning and Zoning Commission.

4. Temporary parking facilities. Recognizing that during certain seasons of the year temperature and/or weather conditions effectively prevent the surfacing of parking areas, the temporary use of gravel surfaced parking areas may be permitted for a specified period of time, provided that a bond or other form of surety acceptable to the City is provided to the City in the amount of one hundred percent (100%) of the estimated cost of the parking area improvement guaranteeing paving of the parking area for which the temporary permit is issued. In approving such a temporary permit, the Planning and Zoning Commission shall establish a deadline which is in its judgment is the shortest time period necessary to achieve the desired result.

C. Temporary Dwelling Structures. No cabin, garage, cellar, basement, or other temporary structure whether of a fixed or movable nature may be erected, altered, or moved upon and used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever.

Section 405.260 Land and Buildings.

[CC 2001 §405.260; Ord. No. 856 §12.08(9), 6-11-1987]

A. Number Of Buildings Permitted Per Lot.

1. Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) single-family dwelling on one (1) lot or tract except for accessory buildings or uses as defined herein.

2. No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.

3. In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.

B. Approved Lots. Every building or complex of buildings erected or structurally altered after the effective date of this Chapter shall be located on a lot that meets the requirements of both this Code and the City of Edmundson subdivision regulations. The open space requirements for the district in which each lot is located must likewise be met.

C. Conversion Or Change In Occupancy Of A Single-Family Dwelling. In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted or changed to accommodate additional dwelling units or another use without first obtaining a certificate of occupancy. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by a detailed site plan approved by the Planning and Zoning Commission as provided in Article VIII, including a floor plan showing full compliance with all other applicable regulations of this code.

D. Minimum Lot Size. Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this code.

However, if through dedication of street right-of-way the area of any lot or parcel already established via the provisions of the subdivision regulations is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.

Section 405.265 Communication Antennae and Support Structures.

[Ord. No. 1288 §1, 1-11-2007]

A. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

ANTENNA

Any device that transmits and/or receives electromagnetic signals for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennae less than one (1) meter (approximately thirty-six (36) inches) in diameter, any receive-only home television antennae, ground-mounted antennae and antennae constructed primarily of wire and used for non-commercial purposes.

ANTENNA EQUIPMENT CABINET

A structure for the protection and security of communications equipment associated with one (1) or more antennae where direct access to equipment is provided from the exterior; that has horizontal dimensions that do not exceed four (4) feet by six (6) feet and vertical height that does not exceed six (6) feet.

ANTENNA EQUIPMENT SHELTER

A building for the protection and security of communications equipment associated with one (1) or more antennae and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antenna is prohibited.

ANTENNA SUPPORT STRUCTURE

A tower or disguised support structure, but excluding those support structures under sixty (60) feet in height which are owned and operated by an amateur radio operator licensed by the FCC.

DIRECTOR

The Director of Public Works or his/her designee.

DISGUISED SUPPORT STRUCTURE

Any freestanding, man-made structure designed for the support of one (1) or more communication antennae, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature. Such structures may include, but are not limited to, clock towers, windmills, campaniles, observation towers, billboards, signs, light standards, flagpoles and artificial trees.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT, TOWERS

The vertical distance measured from the lowest grade at the base of the structure to its highest point and including the main structure and all attachments thereto.

RELATED PARTY

Any individual, entity or other party related to the subject individual, entity or other party by one (1) of the relationships described in Section 267(b) of the Internal Revenue Code of 1986, as amended.

TOWER

A freestanding, man-made structure designed for the support of one (1) or more communication antennae and including guyed towers, self-supporting (lattice) towers or monopoles.

A tower used as a radiator for commercial purposes shall be considered as both an antenna and a tower. The term shall not include any support structure under sixty (60) feet in height which is owned and operated by an amateur radio operator licensed by the FCC.

B. In General. The requirements set forth in this Section shall be applicable to all antennae, antennae support structures, equipment cabinets and equipment shelters installed, built or modified after the effective date of this Section and owned by a private entity or agency of local government. These general requirements shall be observed unless otherwise waived or modified by a special land use permit approval by the Board of Aldermen.

1. Antennae, antennae support structures, equipment cabinets and equipment shelters shall only be located in the "C" General Commercial and the "PD" Planned Development Districts.

2. Any antennae, antennae support structure, equipment cabinet or equipment shelter which is proposed shall require a special land use permit and shall require a clear showing by the applicant that such location is reasonably required to provide the intended wireless communication services. Any antennae support structure which is proposed to be in excess of one hundred (100) feet in height shall also require a clear showing by the applicant that such height is reasonably required to provide the intended wireless communication services. When an application for a special land use permit is submitted pursuant to this requirement, the City may, if deemed prudent, retain a qualified expert to assist in determining the necessity for a structure of the desired height or location. The cost of such consulting services shall be borne by the applicant as an additional application fee.

Exception: The following installations shall not require a special land use permit:

a. The attachment of additional or the replacement of antennae on any existing antennae support structure or the addition or replacement of antenna equipment cabinets or shelters existing on the effective date of this Section or subsequently approved in accordance with these regulations, provided that additional antennae equipment cabinets or shelters are located within the existing antennae support structure site.

b. The mounting of antennae in any of the following circumstances:

(1) The placement of antennae in or on any existing building or structure and not exceeding twelve (12) feet above the highest point of the structure;

(2) The mounting of antennae not exceeding twenty-one (21) feet in height on a water tank;

(3) The addition of antennae on utility transmission line towers or utility distribution poles, provided the antennae do not exceed twelve (12) feet above the highest point of the utility transmission line tower or six (6) feet above the highest point of the utility distribution pole.

c. The installation of antennae on buildings or structures or the construction of an antennae support structure not exceeding one hundred twenty (120) feet in height on land owned by a Federal, State or local government agency, board or authority.

d. The maintenance without alteration of any antennae or antennae support structure existing on the date of the enactment of this Section. Modifications to an existing antennae support structure, including, but not limited to, the replacement or addition of any antennae or equipment shelters, shall be subject to all the provisions of this Section. However, this Section shall not prohibit the replacement of any antennae with a like model for purposes of maintenance.

3. In addition, the installation of any antennae, antennae support structure, equipment cabinet or equipment shelter shall require a building permit which is approved prior to installation. The requirement includes those installations which are excepted from the requirement of a special land use permit.

4. Building Codes and safety standards. To ensure the structural integrity of antennae, antennae support structures, equipment cabinets and equipment shelters, the owner shall see that each structure is constructed and maintained in compliance with all standards contained in applicable State and local Building Codes and the applicable industry standards including TIA/EIA-222 latest version. Where no codes or standards apply, sound engineering practices shall be used.

5. Regulatory compliance. All antennae, antennae support structures, equipment cabinets and equipment shelters shall meet or exceed current standards and regulations of the FAA such as FAA Part 77 and Advisory Circular AC-70/7460-1 and FCC Part 17 and any other State or Federal agency with the authority to regulate communication antennae, antennae support structures, equipment cabinets and equipment shelters. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations at such time as any substantive work is done.

6. Lighting. Antennae and antennae support structures shall not be lighted unless required by the FAA or a State or Federal agency with authority to regulate such matters, in which case a description of the required lighting scheme shall be made part of the application to install, build or modify the antennae or antennae support structure. For structures that required lighting per FAA requirements, the use of white strobe lighting after twilight is prohibited. The use of red incandescent lighting is required.

7. Advertising. Unless a disguised support structure is in the form of an otherwise lawfully placed advertising sign, the placement of signs on structures regulated by this Section is prohibited.

8. Design.

a. Unless subject to the requirements of the FAA or any applicable State or Federal agency, towers shall maintain a galvanized steel finish or be natural or painted a neutral color consistent with the natural or built environment of the site.

b. Antennae equipment shelters shall have an exterior finish compatible with the natural or built environment of the site and shall be brick or natural stone. Cabinets within such shelters shall have an exterior finish compatible with the natural or built environment of the site.

c. Antennae attached to a building or antennae support structure shall be painted a color identical to, or compatible with, the surface to which they are mounted.

d. All towers shall be surrounded by a landscape strip of not less than twelve (12) feet in width and planted with materials which will provide a visual barrier of a minimum height of seven (7) feet. Evergreen trees should be at least seven (7) feet tall and deciduous trees at least three and one-half (3½) inches in caliper at the time of planting. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six (6) foot high decorative fence or wall may be approved by the Board of Aldermen as part of the special land use permit. The landscaping buffer shall be maintained by the owner of the antennae support structure during the life of the structure.

e. Where on or adjacent to non-residentially zoned property, guyed towers, self-supporting towers and monopoles shall maintain setbacks at a minimum of sixty percent (60%) of the tower height, but in no case shall they be less than the front yard setback of the non-residential zoning district. Where on or adjacent to residentially-zoned property, towers shall maintain setbacks of one hundred percent (100%) of the tower height or the setbacks of that zoning district or the adjacent residential zoning district, whichever is greater.

f. Ground anchors of all guyed towers shall be located on the same parcel as the tower and meet a setback of twenty-five (25) feet from the property line to the anchor concrete.

g. Vehicle or outdoor storage at any antennae support structure site is prohibited.

h. On-site parking for periodic maintenance and service shall be provided at all antennae or antennae support structure locations. Access to and parking for all antennae or antennae support structure locations shall be provided on a paved surface.

9. Shared use.

a. In order to maximize the use of an existing or proposed tower, the tower owner shall, prior to the issuance of any building permit or special land use permit to alter or modify any tower existing on the effective date of this Section, provide to the City a written statement signed by an authorized representative of the owner agreeing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be cause for the withholding of future permits to that owner or a related party to install, build or modify antennae or antennae support structures within the City and possible forfeiture of continued use of the existing antennae or antennae support structure or of those owned by related parties.

b. Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the Director of Public Works with an inventory of all antennae support structures in or within one-half (½) mile of the City limits of Edmundson and shall certify to the Director that the owner has not been able to obtain a sharing agreement to use one (1) of the existing antennae support structures and that no existing antennae support structure will meet the technical needs or coverage required by the applicant. Copies of rejection letters or engineering studies indicating the technical reasons that existing structures are not acceptable shall be included with the application.

c. Any new tower at a height of eighty (80) feet above ground level or higher shall be designed and constructed to accommodate at least two (2) additional users unless a larger number is indicated by the City. The willful and knowing failure of the owner of an antennae support structure built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner or related party to install, build or modify antennae or antennae support structures with the City and possible forfeiture of continued use of the existing antennae support structure or existing antennae support structures owned by related parties.

10. Enlargements or structural alterations to antennae support structures shall require a special land use permit which shall be applied for in the same manner as a permit for a new antennae support structure.

C. Special Land Use Permit. The purpose and intent of this requirement is to impose more control over the uses described herein in order to ensure that their operations do not overtax public utilities, pose a potential for accidents or danger to public health or safety or have a potentially detrimental effect on the value or potential development of adjacent properties. The uses described herein are not allowed by "right" without consideration of existing conditions at the proposed site and neighboring properties and the establishment of special development safeguards or conditions for the proposed special land use permit. Subject to review and recommendation by the City Plan Commission, the Board of Aldermen shall have the authority to grant by ordinance special land use permits, subject to such conditions relative to site design, operations, safeguards, time limitations for development, and other standards as established in this Chapter, in addition to the underlying zoning district regulations.

1. Applications. Applications for special land use permits shall be filed with the City Clerk and shall include the following additional information:

a. Description of the property including location, owner, improvements and current use;

b. A map showing the proposed site and the immediately-adjacent properties;

c. A map showing all properties within one-half (½) mile of the proposed site which shows major roads in the area and the location of all existing antenna support structures within that area;

d. An analysis of the site containing existing topographical contours;

e. An inventory of all antennae support structures in or within one-half (½) mile of the City limits of Edmundson. The inventory shall include the street location, latitude and longitude, structure type and height of the existing antennae support structures; and reference name or number, type and mounting height of existing antennae; and an assessment of available ground space for the placement of additional equipment cabinets or shelters;

f. Site plans and construction plans for proposed structures and equipment;

g. Site plan showing access and parking;

h. Landscaping plan;

i. Samples of construction materials for fencing and shelter;

j. A statement which details the applicant's attempt to utilize shared use options and a statement of the conditions which render unsuitable potential antennae site areas and all existing antennae support structures and other structures and buildings within the applicant's required geographic area.

2. Fee. Applicant shall pay an application fee of two hundred fifty dollars ($250.00) and shall pay a fee which totals the amount paid to the City's consultant in review of the application and the site and advising the City accordingly.

3. Findings. No special land use permit shall be approved unless the Board of Aldermen shall make the following findings, as to which the applicant shall bear the burden of proof:

a. The construction will be in accord with applicable Building Codes and good engineering practices;

b. The proposed facility will have adequate access, landscaping and security;

c. The proposed equipment will not cause signal interference with existing private or commercial communications; and

d. The proposed installation will not be incompatible with existing or permitted uses of property in the vicinity of the site.

e. The design of the antenna support structure, including the antennae, equipment cabinet or shelter, and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section.

f. The antennae, antennae support structure, equipment cabinet or equipment shelter cannot be located or constructed in a less obtrusive manner or in a different location.

g. There are other limiting conditions that render existing antennae support structures or other structures and buildings within the applicant's required geographic area unsuitable.

h. The proposal minimizes the number and size of the antennae support structures that will be required in the geographic area surrounding the proposed site.

i. The applicant attempted to take advantage of available shared use options provided by this Section or otherwise.

j. The proposed structure or equipment does not have a potentially detrimental effect on the value or potential development of adjacent properties.

D. Tower Removal. Any tower, or the upper portion of any tower, which is occupied only by inactive antennae for a period of twelve (12) months shall be considered a public nuisance and the tower and support structure including footings, where appropriate, shall be removed at the owner's expense within a reasonable period of time as directed by the Director of Public Works. Removal of upper portions of a tower manufactured as a single object shall not be required.