[R.O. 2012 §417.010; Ord. No. 1146 §1, 7-15-1997]
A.
Purposes.
The general purpose of this Section is to regulate the placement,
construction and modification of telecommunications towers, support
structures, and antennae in order to protect the health, safety and
welfare of the public, while at the same time not unreasonably interfering
with the development of the competitive wireless telecommunications
marketplace in Warson Woods. Specifically, this Section is intended
to:
1.
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of Warson Woods;
2.
Minimize adverse visual impacts of communications antennae and support
structure through the careful design, siding, landscape screening
and innovative camouflaging techniques;
3.
Maximize the use of existing and new support structures so as to
minimize the need to construct new or additional facilities;
4.
Maximize the co-location of facilities on any new support structures;
5.
Ensure that any new telecommunications tower or structure is located
in an area compatible with the neighborhood or surrounding community
to the extent possible; and
6.
Ensuring that regulation of telecommunications towers and structures
does not have the effect of prohibiting the provision of personal
wireless services, and does not unreasonably discriminate among functionally
equivalent providers of such service.
[R.O. 2012 §417.020; Ord. No. 1146 §1, 7-15-1997]
A.
On
February 8, 1996, Congress enacted the Federal Telecommunications
Act of 1996; P.L. No. 104-104. The purpose of the Act included deregulation
of the telecommunications industry and providing a more competitive
environment for wired and wireless telecommunication services in the
United States.
B.
The
Telecommunications Act of 1996 preserves the authority of the City
to regulate the placement, construction, and modification of towers
and antenna support structures and to protect the health, safety and
welfare of the public.
C.
The
City has been granted the authority to enact legislation to regulate
the construction, placement, and operation of telecommunications towers
and antennae pursuant to its zoning powers established in Chapter
89, RSMo., and additionally pursuant to its general and specific Police
powers established by Statute authorizing the regulations herein to
protect the public health, safety, and welfare.
E.
Consistent
with the Telecommunications Act of 1996, the regulations of this Section
will not have the effect of prohibiting the provision of personal
wireless services, and do not unreasonably discriminate among functionally
equivalent providers of such service. The regulations also impose
reasonable restrictions to protect the public safety and welfare and
ensure the opportunities for placement of antennae with prompt approval
by the City. The ordinance does not attempt to regulate in areas within
the exclusive jurisdiction of the FCC.
F.
The
uncontrolled proliferation of towers in the City of Warson Woods is
threatened without adoption of new regulations, and would diminish
property values, the aesthetic quality of the City, and would otherwise
threaten the health, safety and welfare of the public.
[R.O. 2012 §417.030; Ord. No. 1146 §1, 7-15-1997]
As used in this Section, the following terms shall have the
meanings and usages indicated:
Ground level shall be determined by the average elevation
of the natural ground level within a radius of fifty (50) feet from
the center location of measurement.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennae less than two (2) meters in diameter (mounted within twelve
(12) feet of the ground or building-mounted) and any receive-only
home television antennae.
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 and that has horizontal
dimensions that do not exceed four (4) feet by six (6) feet, and vertical
height that does not exceed six (6) feet.
An area as designated by the map of the same title indicating
general locations in which more than one (1) wireless service provider
may potentially seek to locate an antenna facility and in which the
construction of co-locatable towers will be required. The map may
be periodically revised in response to new information received regarding
tower sites sought by wireless providers. A multi-use interest area
shall be designated as appropriate for towers within one (1) mile
of each other, unless the applicant demonstrates to the contrary.
The multi-use interest area shall include the area within the City
limits and within one (1) mile of its corporate boundaries.
The Building Commissioner of the City or his/her designee.
Any free-standing, man-made structure designed for the support
of antennae, the presence of which is camouflaged or concealed as
an appropriately-placed architectural or natural feature. Depending
on the location and type of disguise used, such concealment may require
placement underground of the utilities leading to the structure. Such
structures may include but are not limited to clock towers, campaniles,
observation towers, water towers, light standards, flag poles and
artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the average grade of
the base of the structure at ground level to its highest point and
including the main structure and all attachments thereto.
Any addition, deletion, or change, including the addition
or replacement of antennae, or any change to a structure requiring
a building permit or other governmental approval.
A building for the protection and security of communications
equipment associated with one (1) or more antennae and where access
to equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected antennas is prohibited.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antennae
and including guyed towers, self-supporting (lattice) towers or monopoles
but not disguised support structures or buildings. The term shall
also not include any support structure including attachments of sixty-five
(65) feet or less in height owned and operated solely for use by an
amateur radio operator licensed by the Federal Communications Commission.
[R.O. 2012 §417.040; Ord. No. 1146 §1, 7-15-1997]
A.
The
requirements set forth in this Section shall be applicable to all
towers, antennae and other support structures installed, built or
modified after the effective date of this Chapter (7-15-97) to the
full extent permitted by law.
1.
Principal or incidental use. Antennae and support
structures may be either a principal use in all zoning districts or
an incidental use to existing multiple-family, institutional or non-residential
uses, subject to any applicable district requirement relating to yard
or setback.
2.
Building codes, safety standards, and zoning compliance. To ensure the structural integrity of antenna support structures,
the owner shall see that it is constructed and maintained in compliance
with all standards contained in applicable State and local building
codes and the applicable standards published by the Electronics Industries
Association, as amended from time to time. In addition to any other
approvals required by this Section, no antenna, tower, or support
structure shall be erected prior to receipt of a certificate of zoning
compliance and the issuance of a building permit.
3.
Regulatory compliance. All antennae and support
structures shall meet or exceed current standards and regulations
of the FAA, FCC and any other State or Federal agency with the authority
to regulate communications antennae and support structures. Should
such standards or regulations be amended, then the owner shall bring
such devices and structure into compliance with the revised standards
or regulations within the time period mandated by the controlling
agency. No approval for any placement, construction or modification
of any antenna or structure permitted by this Section shall be granted
for any applicant having an uncured violation of this Section or any
other governmental regulatory requirement related to such antennae
or structures within the City.
4.
Security. All antennae and support structures shall
be protected from unauthorized access by appropriate security measures.
A description of proposed security measures shall be provided as part
of any application to install, build or modify antennae or support
structures. Additional measures may be required as a condition of
the issuance of a building permit or administrative permit as deemed
necessary by the Building Commissioner or by the Planning and Zoning
Commission in the case of a special use permit.
5.
Lighting. Antennae and support structures shall
not be lighted unless required by the FAA or other State or Federal
agency with authority to regulate, in which case a description of
the required lighting scheme will be made a part of the application
to install, build or modify the antennae or support structure. Equipment
cabinets and shelters may have lighting only as approved by the Building
Commissioner on the approved site development plan.
6.
Advertising. Unless a disguised antenna support
structure in the form of an otherwise lawfully permitted pylon sign,
the placement of advertising on structures regulated by this Section
is prohibited.
7.
Design.
a.
Towers shall maintain a galvanized steel finish or, subject to the
requirements of the FAA or any applicable State or Federal agency,
be painted a neutral color consistent with the natural or built environment
of the site.
b.
Equipment shelters or cabinets shall have an exterior finish compatible
with the natural or built environment of the site and shall also comply
with any design guidelines as may be applicable to the particular
zoning district in which the facility is located.
c.
Towers shall not exceed the height limitation of any airport overlay
zone as may be adopted by the City.
d.
Antennae attached to a building or disguised antenna support structure
shall be of a color identical to or closely compatible with the surface
to which they are mounted.
e.
All towers shall be surrounded by a minimum six (6) foot high decorative
wall constructed of brick, stone or comparable masonry materials and
a landscape strip of not less than ten (10) feet in width and planted
with materials which will provide a visual barrier to a minimum height
of six (6) feet. The landscape strip shall be exterior to any security
wall. In lieu of the required wall and landscape strip, an alternative
means of screening may be approved by the Building Commissioner in
the case of a permitted use or use permitted by administrative permit,
or by the Planning and Zoning Commission in the case of a special
use permit, upon demonstration by the applicant that an equivalent
degree of visual screening will be achieved.
f.
All towers shall be separated from any off-site single-family residential
structure a distance equal to the height of the tower. Towers and
related structures, fences and walls on parcels adjacent to residentially
zoned property shall meet the setbacks of the applicable zoning district
as are required for a principal structure along the adjoining property
line(s). Where adjacent to non-residentially zoned property, towers
shall maintain setbacks as are required for accessory structures.
g.
Ground anchors of all guyed towers, if permitted, shall be located
on the same parcel as the tower and meet the setbacks of the applicable
zoning district.
h.
Vehicle or outdoor storage on any tower site is prohibited, unless
otherwise permitted by the zoning.
i.
On-site parking for periodic maintenance and service shall be provided
at all antenna or tower locations consistent with the underlying zoning
district.
8.
Shared use.
a.
Existing towers. Prior to the issuance of any permit
to alter or modify any tower existing on the effective date of this
Chapter (7-15-97), the owner shall provide to the City a written and
notarized agreement committing 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 unlawful and shall, among other remedies of the City,
be cause for the withholding of future permits to the same owner to
install, build, or modify antennae or towers within the City.
b.
Tower inventories. Prior to the issuance of any
permit to install, build or modify any tower, the tower owner shall
furnish the Planning and Zoning Commission an inventory of all of
that owner's towers in or within one-half (½) mile of the City
limits of Warson Woods. The inventory shall include the tower's reference
name or number, the street location, latitude and longitude, structure
type, height, type and mounting height of existing antennas and an
assessment of available ground space for the placement of additional
equipment shelters.
c.
Shared use required — new towers. Any new
tower approved at a height of sixty (60) feet AGL (above ground level)
or higher shall be designed and constructed to accommodate at least
one (1) additional user unless a larger number is indicated by the
response to the notification provisions herein. A written agreement
committing to shared use as required by Subparagraph (a) shall be
submitted by the tower applicant. The willful and knowing failure
of the owner of a tower built for shared use to negotiate in good
faith with potential users shall be unlawful and shall, among other
remedies of the City, be cause for the withholding of future permits
to the same owner to install, build or modify antennae or towers within
the City.
d.
Communications tower multi-use area map. Any new
tower approved within a communication tower multi-use interest area
as designated by the map of the same title, shall be designed and
constructed to accommodate the number of users indicated by the plan
to the extent feasible. The willful and knowing failure of the owner
of a tower 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 to install, build or modify antennae or towers within the
City.
e.
Notice of tower applications. Prior to any application
for the construction of a new tower or disguised support structure,
a copy of the application or a summary containing the height, design,
location and type and frequency of antennae shall be delivered by
certified mail to all known potential tower users as identified by
a schedule maintained by the Department. Proof of such delivery shall
be submitted with the application to the City. The Building Commissioner
may establish a form required to be used for such notifications. Upon
request, the Building Commissioner shall place on a list the name
and address of any user of towers or prospective user to receive notification
of applications. The Building Commissioner shall, before deciding
on the application, allow all persons receiving notice at least ten
(10) business days to respond to the City and the applicant that the
party receiving notice be permitted to share the proposed tower or
locate within one (1) mile of such area. Where two (2) or more parties
seek to locate within one (1) mile of each other, or such other distance
as is demonstrated to the Building Commissioner to be reasonable,
the Building Commissioner shall designate such area as a multi-use
interest area on the map. The failure of the receiving party to use
this process or respond to any such notice shall be considered cause
for denying requests by such party for new towers or structures.
f.
Appeal of shared use violations. Any party seeking
shared use of a tower subject to this provision shall after responding
to notice of an application, negotiate with the applicant for such
use. The applicant may on a legitimate and reasonable business basis
choose between multiple requests for shared use on the same tower
or structure, and may reject any request where legitimate technical
obstacles cannot be reasonably overcome or where the party requesting
shared use will not agree to reasonable financial terms. Any party
believing that the applicant has breached its duty to negotiate in
good faith for shared use shall immediately notify the applicant and
the Building Commissioner in writing. The Building Commissioner may
reject the application upon a finding that shared use has been improperly
denied. A notice of breach of duty shall explain the precise basis
for the claim and shall be accompanied by payment of an administrative
review fee of five hundred dollars ($500.00) to the City to offset
the cost of review. After the applicant's receipt of the notice, the
applicant shall have ten (10) calendar days to provide a written submission
to the Building Commissioner responding to the alleged violation of
the shared use requirement. If deemed necessary by the Building Commissioner,
he/she may engage, at the cost of the party alleging the violation,
a neutral, qualified technical consultant to provide an opinion on
feasibility or costs of the shared use request. If the Building Commissioner
receives a notice alleging a violation of the shared use requirement,
the time for a decision on an administrative permit is automatically
extended for up to thirty (30) days until the Building Commissioner
has determined that the applicant has complied. An application for
special use permit shall not be deemed complete for acceptance until
a decision on compliance is reached.
[R.O. 2012 §417.050; Ord. No. 1146 §1, 7-15-1997]
A.
The
placement of antennae and towers are permitted in the C-1 Community
Store District and the C-2 Planned Commercial District only as follows:
1.
The attachment of additional or replacement of antennae or shelters
to any tower existing on the effective date of this Chapter (7-15-97)
or subsequently approved in accordance with these regulations, provided
that additional equipment shelters or cabinets are located within
the existing tower compound area.
2.
The mounting of antennae on any existing building or structure such
as a water tower, provided that the presence of the antennae is concealed
by architectural elements or satisfactory camouflaged by painting
a color identical to the surface to which they are attached.
3.
The mounting of antennae on or within any existing high-voltage electric
transmission tower, but not exceeding the height of such tower by
more than ten (10) feet.
4.
The installation of antennae or the construction of a tower or support
structure on buildings or land owned by the City following the approval
of a lease agreement by the Board of Aldermen.
[R.O. 2012 §417.060; Ord. No. 1146 §1, 7-15-1997]
A.
The
placement of antennae and towers are permitted in the C-1 Community
Store District and the C-2 Planned Commercial District by administrative
permit approved by the Building Commissioner only as follows:
1.
The attachment of additional or replacement antennae or shelters
to any tower existing on the effective date of this Chapter (7-15-97)
or subsequently approved in accordance with these regulations and
requiring the enlargement of the existing tower compound area as long
as all other requirements of this Section and the underlying zoning
district are met.
2.
The one-time replacement of any tower existing on the effective date
of this Chapter (7-15-97) or subsequently approved in accordance with
these regulations so long as the purpose of the replacement is to
accommodate shared use of the site or to eliminate a safety hazard.
The new tower shall be of the same type as the original except that
a guyed or self-supporting (lattice) tower may be replaced by a monopole.
If the guyed or lattice tower to be replaced is one hundred eighty
(180) feet or less in height, it shall only be replaced with a monopole.
The height of the new tower may exceed that of the original by not
more than twenty (20) feet. Subsequent replacements shall require
the approval of a special use permit.
3.
The construction of a disguised support structure provided that all
related equipment shall be placed underground or concealed within
the structure when the structure is located in any district other
than a district authorizing industrial uses.
Equipment may be placed in a cabinet if the disguised support
structure is incidental to an industrial, commercial, institutional
or other non-residential use.
4.
The placement of dual polar panel antennas on wooden or steel utility
poles not to exceed forty (40) feet in height provided that all related
equipment is contained in a cabinet.
5.
Towers erected and maintained for a period not to exceed thirty (30)
days for the purpose of replacing an existing tower, testing an existing
or proposed network, or special events requiring mobile towers.
Application procedures. Applications for administrative
permits shall be made on the appropriate forms to the Building Commissioner
and accompanied by payment of the established fee.
a.
A detailed site plan, based on a closed boundary survey of the host
parcel, shall be submitted indicating all existing and proposed improvements
including buildings, drives, walkway, parking areas and other structures,
public right-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features, and the coordinates and height AGL of the existing or proposed
tower.
b.
The application shall be reviewed by the Building Commissioner to
determine compliance with the above standards and transmit the application
for review and comment by other departments and public agencies as
may be affected by the proposed facility.
c.
The Building Commissioner shall issue a decision on the permit within
forty-five (45) days of the date of application or the application
shall be deemed approved unless the time period for review and action
was extended. The Building Commissioner may deny the application or
approve the application as submitted or with such modifications as
are, in his/her judgment, reasonably necessary to protect the safety
or general welfare of the citizens consistent with the purposes of
this Section. The Building Commissioner may consider the purposes
of this Section and the factors established herein for granting a
special use permit as well as any other considerations consistent
with this Chapter. A decision to deny an application shall be made
in writing, and state the specific reasons for the denial.
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Appeals. Appeals from the decision of the Building
Commissioner shall be made in the same manner as otherwise provided
for the appeal of administrative decisions.
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[R.O. 2012 §417.070; Ord. No. 1146 §1, 7-15-1997]
A.
All proposals to install, build or modify an antenna or support structure not permitted by Sections 415.050 and 415.060, shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission, subject to the forthcoming limitations. Applications of conditional use permits shall be filed and processed subject to the requirements of and in the manner and time frame established herein.
1.
Procedures. The granting of a conditional use permit
may be initiated by a verified application by all owners of record
or owners under contract of a lot or tract of land, or by a resolution
of intention by the Planning and Zoning Commission or the Board. If
initiated by contract owners, a complete copy of the contract creating
the interest shall be attached to the petition. Procedures for application,
review and approval of a conditional use permit shall be as follows:
a.
Application. Application for a conditional use permit
for a specific tract of land shall be addressed to the City of Warson
Woods Planning and Zoning Commission and filed in its public office.
The application shall be filed on forms prescribed for that purpose
by the Planning and Zoning Commission and be accompanied by the following:
(1)
Filing fee of two hundred dollars ($200.00).
[Ord. No. 1675, 1-17-2023]
(2)
Legal description of the property.
(3)
Outboundary plat of the property.
(4)
Preliminary development plan, including, but not limited to
the following:
(a)
Proposed uses. Approximate location and designated
uses of buildings and other structures as well as parking and open
areas shall be indicated.
(b)
Existing and proposed contours at vertical intervals of not
more than five (5) feet referred to sea level datum. Floodplain areas
shall be delineated.
(c)
Approximate location of all isolated trees having a truck diameter
of six (6) inches or more one (1) foot above grade, all tree masses
and proposed landscaping.
(d)
Two (2) cross section profiles through the site showing preliminary
building form, existing natural grade and proposed final grade.
(e)
Proposed ingress and egress to the site, including adjacent
streets.
(f)
Preliminary plan for provision of sanitation and drainage facilities.
b.
Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 430.010, "Amendments, Changes and Additions", except that the posted public notice signs shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within forty-five (45) days of verification by the Building Commissioner that the petition meets the minimum application requirements.
c.
Approval or denial of application. Subsequent to
public hearing, the Planning and Zoning Commission shall file a report
with the Board of Aldermen in which the Commission shall grant or
deny each application for a conditional use permit based on the standards
established herein and state the reasons therefore. In approving such
conditional uses, the Planning and Zoning Commission shall impose
such conditions as it determines necessary. Said conditions shall
include but not be limited to the following:
d.
Permit effective, when. Unless the Board exercises
its power of review or a duly filed protest is received by the City
Clerk, a conditional use permit or an amendment thereto shall become
effective after fifteen (15) days of the Board's receipt of the Planning
and Zoning Commission's report granting the application. In the event
that a conditional use permit is filed in conjunction with a required
change of zoning, the permit shall not become effective until the
date of enactment of the ordinance authorizing the zoning change.
e.
Effect of denial. Upon denial by the Planning and
Zoning Commission of an application for a conditional use permit,
the Commission shall notify the applicant of the denial. If no appeal
is filed from the denial and if the Board does not exercise its power
of review, no subsequent application for a permit with reference to
the same property or part thereof shall be filed by any applicant
until the expiration of twelve (12) months after the denial. No provision
herein shall be construed to prevent the Planning and Zoning Commission
or the Board from initiating the procedure provided in this Section
by a resolution of intention at any time.
2.
Standards for granting conditional use permit. A
decision by the Planning and Zoning Commission shall be accompanied
by substantial evidence supporting the decision which shall be made
a part of the written record of the meeting at which a final decision
on the application is rendered. Evidence shall be under oath and may
be submitted with the application or thereafter or presented during
the public hearing by the applicant or others.
a.
Initial findings. The Planning and Zoning Commission
may permit towers authorized by this Section only where the proposal
is deemed consistent with good planning practice; can be operated
in a manner that is not detrimental to the permitted developments
and uses in the district; can be developed and operated in a manner
that is visually compatible with the permitted uses in the surrounding
area; and are deemed essential or desirable to preserve and promote
the public health, safety, and general welfare of the City. The petitioner
shall have the burden of establishing that the requested use satisfies
these standards and further there is a public necessity for such use.
b.
Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of an antenna or support structure pursuant to Section 417.050 (Permitted Uses) or Section 417.060 (Administrative Permits) of this Chapter is not technologically or economically feasible. The Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
c.
Specific findings required. In addition to the determinations
or limitations specified herein for the consideration of conditional
use permits, the Planning and Zoning Commission shall also base its
decision upon, and shall make findings as to, the existence of the
following conditions:
(1)
The proposed tower is not and cannot be located within a communications
tower multi-use interest area as designated by such map, or if so
located, meets the co-location requirements of this Section.
(2)
No existing towers, structures or buildings within the necessary
geographic area for the applicant's tower meet the applicant's necessary
engineering requirements considering:
(a)
Height,
(b)
Structural strength,
(c)
Resulting signal interference,
(d)
Feasibility of retrofitting,
(e)
Feasibility of redesigning the applicant's tower network, or
(f)
Other limiting conditions that render towers, structures or
buildings within the applicant's required geographic area unsuitable.
(3)
The design of the tower or structure, including the antennae,
shelter and ground layout maximally reduces visual degradation and
otherwise complies with provisions and intent of this Section. New
towers shall be of a monopole design, unless it is shown that an alternative
design would equally or better satisfy this provision.
(4)
The proposal minimizes the number and/or size of towers or structures
that will be required in the area.
(5)
The applicant has not previously failed to take advantage of
reasonably available shared use opportunities or procedures provided
by this Chapter or otherwise.
(6)
No land owned by any agency of the Federal or State government,
or by any political subdivision of the State, is available for locating
the structure or tower.
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If any one (1), but not more than one (1), of the first (1st)
six (6) determinations is not satisfied, approval may be granted only
on a finding of unique circumstances otherwise necessitating approval
to satisfy the purposes of this Section.
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d.
Additional height limitations. No tower shall be
approved at a height exceeding seventy-five (75) AGL unless the applicant
clearly demonstrates that such height is required for the proper function
of the applicant's system or that of a public safety communications
system of a governmental entity sharing the tower. Such showing must
also be supported by the opinion of a telecommunications consultant
hired by the City at the expense of the applicant. The opinion of
the consultant shall include a statement that no available alternatives
exist to exceeding the height limit or the reason why such alternatives
are not viable.
3.
Appeal, protest or Board of Aldermen review of Planning and
Zoning Commission decision.
a.
Appeal by petitioner from decision of denial. The
petitioner may file an appeal to the Board of a Planning and Zoning
Commission denial of an application for a conditional use permit within
ten (10) days of such denial.
b.
Protest by specified nearby property owners to decision of
approval. Specified nearby property owners may file a protest with the Board against the Planning and Zoning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 430.010, "Amendments, Changes and Additions".
c.
Board of Aldermen review of Planning and Zoning Commission
decision.
(1)
Within fifteen (15) days after receipt of the Planning and Zoning
Commission's report, the Board, upon motion adopted by majority vote,
may exercise the power of review of any Planning and Zoning Commission
decision on an application for a conditional use permit or an amendment
thereto.
(2)
Before acting on the conditional use permit, the Board shall
set the matter for hearing. The Board shall give written notice of
such hearing to the applicant and all other persons who appeared and
spoke in opposition to the application at the public hearing before
the Planning and Zoning Commission or to the protestants in the case
of a protest. The applicant shall be heard at the hearing. In addition,
any other person or persons who, in the discretion of the Board, will
be aggrieved by any decision or action with respect to the conditional
use permit may also be heard at the hearing.
d.
Board of Aldermen decision. Following the hearing
by the Board or its Committee on Planning and Zoning on an application,
the Board may affirm, reverse or modify, in whole or in part, any
determination of the Planning and Zoning Commission. An affirmative
vote of two-thirds (2/3) of the members of the whole Board shall be
required to approve a protested conditional use permit or to overrule
the disapproval of the Planning and Zoning Commission. In all other
instances, a majority vote of the whole Board shall be required to
approve, deny or modify the determination of the Planning and Zoning
Commission.
4.
Site development plans. Subsequent to the effective
date of the conditional use permit, a site development plan shall
be submitted for review and approval to the Building Commissioner,
as specified in the conditions of the permit. The plan shall contain
the minimum requirements established in the conditions governing the
conditional use permit. No building permits or authorization for improvement
or development for any use requested under provisions of this permit
procedure shall be issued prior to approval of such plan. The approved
plan shall be retained on file by the Building Commissioner.
[R.O. 2012 §417.080; Ord. No. 1146 §1, 7-15-1997]
Any upper portion of a tower which is not occupied by active
antennae for a period of twelve (12) months, and any entire tower
which is not so occupied for a period of six (6) months, shall be
removed at the owner's expense. Removal of upper portions of a tower
manufactured as a single unit shall not be required. Failure to comply
with this provision shall constitute a nuisance that may be remedied
by the City at the tower or property owner's expense. Any applicant
for a new tower or disguised structure not built as a disguised part
of another existing or permitted structure shall place a bond or other
security with the City prior to any final approval for the purpose
of removing any tower or disguised structure as required herein and
to compensate the City for performing proper maintenance of such towers
or disguised structures to ensure such structures do not become unsafe
or otherwise fail to comply with the requirements of this Section.
The bond or security shall be in the form approved by the Building
Commissioner, and in the amount of fifteen thousand dollars ($15,000.00),
or such other amount as is determined by the Building Commissioner
to satisfy the requirements hereof with regard to the specific tower
or structure to which it would apply.
[R.O. 2012 §417.090; Ord. No. 1146 §1, 7-15-1997]
Notwithstanding any right that may exist for a governmental
entity to operate or construct a tower or structure, it shall be unlawful
for any person to erect or operate for any private commercial purpose
any antenna, tower or disguised support structure in violation of
any provision of this Chapter, regardless of whether such antenna
or structure is located on land owned by a governmental entity.
[1]
Editor's Note: Former Section 417.100, Penalty, was repealed
1-17-2023 by Ord. No. 1674. Former history includes: R.O. 2012 §417.100
and Ord. No. 1146.
