[Ord. No. 2470, 11-13-2018]
A.Â
The owner or provider of a bed and breakfast establishment is the
principal resident of the dwelling and there are no employees except
immediate members of the family household;
B.Â
Such establishments are required to be occupied by the owner or the
applicant must demonstrate a sufficient ability for site maintenance
and property management;
C.Â
A minimum of two (2) permanently surfaced off-street parking spaces
plus one per guestroom are provided;
D.Â
Guests must pay on the basis of a daily rental rate, and must limit
their stay to no more than fourteen (14) days;
E.Â
Guests rooms are to be limited to the purpose of sleeping;
F.Â
Cooking shall not be allowed in guest rooms;
G.Â
There shall be no change in the residential appearance of the structure;
H.Â
Receptions or meetings of groups are prohibited;
I.Â
Such establishments must meet the development standards of height,
area, and setbacks within the zoning district in which it is located;
J.Â
Such establishments are subject to any other conditions that, at
the discretion of the Planning Commission and City Council, are necessary
to protect adjacent properties.
[Ord. No. 2470, 11-13-2018]
[Ord. No. 2470, 11-13-2018]
A.Â
Purpose And Preemption.
1.Â
Purpose. The general purpose of this Article is to regulate
the placement, construction, and modification of wireless facilities
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 within
the corporate boundaries of the City of Richmond. Specifically, this
Section is intended to:
a.Â
Provide for the appropriate location and development of wireless
facilities to serve the citizens and business of the City of Richmond;
b.Â
Minimize adverse visual impacts of wireless facilities through
the use of careful design, siting, landscape screening, and innovating
camouflaging technique that provide predictability for nearby property
owners, and others that future uses will not materially alter such
approved aesthetic protections without zoning hearing procedures and
input from interested parties;
c.Â
Ensure that any new wireless facilities are located in an area
compatible with the neighborhood or surrounding community to the extent
possible;
d.Â
Ensure that regulation of wireless facilities does not have
the effect of prohibiting the provision of personal wireless services,
and does not unreasonably discriminate among functionally equivalent
providers of such service; and
e.Â
Enhance the ability of providers of communication services to
provide such services to the community quickly, effectively, and efficiently.
2.Â
Preemption. Notwithstanding any ordinance to the contrary, the
procedures set forth in this Section shall be applicable to all wireless
facilities existing or installed, built or modified after the effective
date of this Section to the fullest extent permitted by law. No provision
of this Section shall apply to any circumstances in which such application
shall be unlawful under superseding Federal or State law. Furthermore,
if any Section, Subsection, sentence, clause, phrase of portion of
this Article is now or in the future superseded or preempted by State
or Federal law or found by a court of competent jurisdiction to be
unauthorized, such provision shall be automatically interpreted and
applied as required by law.
B.Â
ACCESSORY EQUIPMENT
AGL
ANTENNA
CABINET
DIRECTOR
DISGUISED SUPPORT STRUCTURE
EXISTING STRUCTURE
FAA
FCC
HEIGHT
INCIDENTAL USE
LATTICE TOWER
MODIFICATION
MONOPOLE TOWER
PUBLIC PROPERTY
SHELTER
SUPPORT STRUCTURE
TELECOMMUNICATIONS TOWER
TOWER
WIRELESS FACILITY
Definitions. As used in this Section, the following terms shall have
the meaning and usages indicated:
Any equipment serving or being used in conjunction with a
wireless facility.
Above ground level. Ground level shall be determined by the
average elevation of the natural ground level with a radius of fifty
(50) feet from the center location of measurement.
Any device used in the provision of wireless communication
services 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 antennas less than
(2) meters in diameter (mounted with twelve (12) feet of the ground
or building-mounted) and any receive-only home television antennas.
A structure for the protection and security of communications
equipment associated with one (1) or more antennas 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.
The Director of Community Development 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 and designed 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, light standards, flag poles
and artificial trees. For purposes of this definition, a structure
"camouflaged or concealed as an appropriately-placed and designed
architectural or natural feature" shall meet the following additional
criteria: (1) it is consistent with, contributes to, and does not
detract from the character and property values and use of the area
and neighborhood in which it is located, (2) it does not contain distorted
proportions, size, or other features not typically found on the type
of structure or feature to which it is designed to replicate, (3)
it cannot be identified as an antenna support structure by a person
with reasonable sensibilities and knowledge, (4) its equipment, accessory
buildings, or other aspects or attachments relating to the disguised
support structure are wholly concealed using a manner consistent with
and typically associated with the architectural or natural structure
or feature being replicated, and (5) it is of a height, design and
type that would ordinarily occur at the location and neighborhood
selected. Any disguised support structure shall have as a condition
of approval, unless expressly exempted in the approval, an obligation
and corresponding covenant recorded on the property that runs with
the land to the benefit of the City on behalf of the public, prohibiting
modification of the disguised support structure that eliminate or
are materially detrimental to the disguise, unless such approved by
a duly authorized zoning or conditional use approval approved in the
same manner as required for an original construction of such disguised
support structure with the proposed modification. If the applicant
does not wish to have such covenant, the structure shall not qualify
as a disguised support structure, unless another mechanism is proposed
and approved to ensure that the disguise is not subsequently eliminated
or materially, determinately altered.
Any structure capable of supporting wireless facilities (other
than a support structure) in full conformance with the design and
other requirements of this Article and is: (1) existing prior to the
date of all applicable permit applications seeking City authorization
for installation of such facilities thereon, and (2) not built or
installed in anticipation of such specific installation or erected
as a means to evade approvals applicable to a non-existing structure.
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 use authorized herein that exists in addition to the
principal use of the property.
A guyed or self-supporting three (3) or four (4) sided, open,
steel frame structure used to support communications equipment.
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 tower consisting of a single pole, constructed without
guy wires and ground anchors.
Any real property, easement, right-of-way, air space or other
interest in real estate, including a street, owned or controlled by
the City or any other governmental unit.
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.
See "Wireless Facility."
A structure constructed as a freestanding structure or in
association with a building, other permanent structure or equipment
designed for the support of one (1) or more antennas intended for
transmitting or receiving television, AM/FM radio, digital, microwave,
or similar forms of wireless communications, including, but not limited
to, guyed towers, radio and television transmission towers, microwave
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 Communication Commission.
Any antenna, support structure, roof and/or building mount
facility, or telecommunications tower used for communications purposes,
and its accessory equipment.
C.Â
General Requirements.
1.Â
The requirements set forth in this Subsection shall be applicable
to all wireless facilities installed, built or modified after the
effective date of the ordinance from which this Section is derived
to the full extent permitted by law.
a.Â
Principal Or Incidental Use. Towers may be either a principal
or incidental use in all commercial and industrial zoning districts,
subject to any applicable requirement relating to yard or setback.
An incidental use subject to a leasehold interest of a person other
than the lot owner may be approved for a Tower only if the leasehold
area separately meets all requirements for a separate subdivided lot,
including dedicated access, parking, setbacks, and lot size, applicable
to a primary use in the district in which the use is proposed as if
it was a separate subdivided lot. No other district shall allow Towers
unless required by law. All other wireless facilities other than Towers,
may be a principal or incidental use in all districts subject to the
requirements herein.
b.Â
Building Codes, Safety Standards, And Zoning Compliance. To
ensure the structural integrity of wireless facilities, the owner
shall assure 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 current Electronics
Industries Association, as amended from time to time. In addition
to any other approvals required by this Section, no wireless facility
shall be erected prior to receipt of a certificate of zoning compliance,
if applicable, and the issuance of a building permit.
(1)Â
Installation. Applications for new wireless facilities
shall include verification by a qualified structural engineer that
the wireless facility (excluding the accessory equipment unless otherwise
directed by the director or required by the building code) meets or
exceeds all applicable structural requirements. Applications for modification
to existing wireless facilities shall include a verification by a
qualified structural engineer that the wireless facilities (excluding
the accessory equipment unless otherwise directed by the director
or required by the building code) and any additional antenna meets
or exceeds all applicable structural requirements.
(2)Â
Maintenance. All wireless facilities and appurtenances
shall be adequately maintained and in compliance with all applicable
building codes and standards. If upon inspection it is determined
that any wireless facility fails to comply with applicable codes and
standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the wireless facility, the owner
shall have thirty (30) days to remedy any defects and bring the wireless
facility into compliance with applicable codes and standards. Failure
by the owner to bring a deficient wireless facility into compliance
with applicable codes and standards shall be cause for removal of
the deficient wireless facility by the City with all cost of removal
being the owner's responsibility (and the City shall be authorized
to use the abandonment bond, if any, that may have been required pursuant
to the City Code or other authority).
c.Â
Regulatory Compliance. All wireless facilities shall meet current
standards and regulations of the FAA, FCC, and any other State or
Federal agency with the authority to regulate wireless facilities.
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 wireless facility permitted by this Section shall be granted
for any applicant having an uncured violation of this Section, any
zoning regulation regarding the lot on which the structure is proposed,
or any other governmental regulations requirement application to such
wireless facilities within the City.
d.Â
Security. All wireless facilities 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 wireless facilities. Additional measures
may be required as a condition of the issuance of a building permit
or administrative permit as deemed necessary by the director and City
Council in the case of a conditional use permit. The wireless facilities
and any appurtenances shall be safely maintained and fenced or otherwise
secured to prevent unauthorized access or climbing of the wireless
facility. Barbed, electrified, or razor wire is prohibited in commercial
districts. Fencing may be required as part of a disguised support
structure as determined by the Planning and Zoning Commission and
City Council to prevent unauthorized access or climbing while still
preserving the disguised nature of the structure.
e.Â
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 cabinet shelters
may have lighting only as approved by the director or City Council
on the approved site development plan. Lighting may also be approved
as part of a disguised support structure.
f.Â
Advertising. Except for a disguised support structure in the
form of an otherwise lawfully permitted sign, the placement of advertising
on wireless facilities regulated by this Section is prohibited other
than identification signage of not greater than one (1) square foot
on ground equipment.
g.Â
Design.
(1)Â
Subject to the requirements of the FAA or any applicable
State or Federal agency, towers and attachments shall be galvanized
steel, or if painted, a neutral color consistent with the natural
or built environment of the site as determined by the director or
Planning and Zoning Commission and City Council in the case of a conditional
use permit so as to minimize visual obtrusiveness. All new towers
shall be on a monopole design without use of lattice or guy wire support
and be engineered and designed with sufficient depth, counter-weight,
and other mechanisms to address wind-loading and other failure risks
under all reasonably anticipated conditions and circumstances. Wireless
facilities shall use materials, colors, and texture to conform to
the existing setting and built environment.
(2)Â
When authorized, 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. All equipment shall be either placed underground,
contained in a single shelter or cabinet, or wholly concealed within
a building.
(3)Â
Support structures shall not exceed the height
limitation of any airport overlay zone as may be adopted by the City
or other regulatory agency, but may exceed underlying district height
restrictions for buildings and structures, where shown to be necessary,
provided that such height restrictions shall be considered by the
City in determining the appropriateness of the design and location
of the proposed structure under the standards for approval.
(4)Â
Antennas attached to a support structure shall
be contained within the disguised support structure or within or mounted
flush on the surface of the tower to which they are mounted so as
not to defeat the disguised design. Antennas attached to an existing
building or structure shall be of a color identical to the surface
to which they are mounted. All antennas shall be designed to be disguised
and maximally concealed on or within the support structure. Exposed
antennas on "crows nest" or other visible platforms or extensions
are prohibited.
(5)Â
All towers shall be surrounded by a minimum six-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 director,
or by the City Council in the case of a conditional use permit, upon
demonstration by the applicant that an equivalent degree of visual
screening will be achieved. Landscaping shall be required for disguised
support structures if needed to implement an approved disguise.
(6)Â
All portions of any wireless facility including
related structures, fences, and walls (except for parking associated
with the wireless facility) shall be separated from any public rights-of-way,
sidewalk or street, alley, parking areas, playground, or other building,
and from the property line of any adjacent property at least a distance
equal to the height of the antenna or support structure, whichever
is greater. Support structures shall be reasonably designed to reduce
potential damage to a person or property from failing, ice, or equipment
from the support structure, or from wind damage, or structural failure.
(7)Â
Mobile or immobile equipment not used in direct
support of a wireless facility shall not be stored or parked on the
site of the wireless facility unless repairs to the wireless facility
are being accomplished.
(8)Â
On-site parking for periodic maintenance and service
shall be provided at all wireless locations consistent with the underlying
zoning district and the type of wireless facility approval granted.
h.Â
Shared Use. Each applicant seeking to locate a new support structure
or new wireless support structure as defined in Section 67.5092, RSMo.,
must state in their application that the applicant conducted an analysis
of available collocation opportunities on existing support structures
within the same ring defined by the applicant.
i.Â
Rights-Of-Way. For applications for wireless facilities within
City rights-of-way: (1) the most restrictive adjacent zoning district
classification shall apply unless otherwise specifically zoned and
designated on the official zoning map, and (2) no application shall
be submitted for approval without attaching the City's consent to
use the rights-of-way for the specific construction application.
j.Â
Height Limitations.
(1)Â
Residential. Television and radio receiving antenna
permitted as accessory uses shall not exceed sixty (60) feet in height
and shall be located a distance inside the property line at least
equal to one-third (1/3) of the height of the antenna.
(2)Â
Non-Residential. No support structure shall exceed
one hundred (100) feet above adjacent ground level unless good cause
is shown and found by the City and in no case may a support structure
be approved to exceed one hundred twenty (120) feet. All installations
shall comply with air space requirements of the FAA.
k.Â
Application. All applications shall be submitted to the City
as a complete application on forms provided by the City. A "complete
application" shall be an application submitted on the forms provided
by the City, fully executed by the applicant, identifying the specific
approval sought, and containing all attachments, deposit fees, and
information as required thereon by the City, consistent with this
Article. All applications shall also require as part of the application,
review, and approval pursuant to this Article, building permit application,
and other applicable forms. Applications shall be decided upon within
a reasonable time, subject further to State or Federal specific additional
time requirements as may apply to the particular application.
(1)Â
Administration. The director shall have the authority
to establish forms and procedures consistent with this Article and
applicable Federal, State, and local law to ensure compliance and
to facilitate prompt review and administration of applications. The
director shall provide deficiency notices applicable to the specific
type of application as required herein and by applicable law. Applications
will be considered complete when all items required for submission
by these regulations and applicable law and the appropriate deposit
fee have been submitted to the director. Complete applications shall
be processed in accordance with this Article. A determination of completeness,
if any, shall not constitute a determination of compliance with the
substantive requirements of this Article. Upon review of an application
under this Section, if the director determines that the application
does not meet the mandatory requirements herein (except those which
expressly provide that such may be waived upon a certain finding of
the Planning and Zoning Commission and City Council) for the type
of approval requested, the director shall deny the application prior
to proceeding to hearing or publication due to the failure to meet
minimum requirements to qualify for approval, and shall provide the
applicant written notice of the denial and setting forth the reasons
requiring such denial.
l.Â
Historic Preservation; Thirty-Day Hearing Period. A conditional
use permit shall not be issued for any wireless facilities that the
City Council determines would create a significant negative visual
impact or otherwise have a significant negative impact on the historical
character and quality of any property within a Historic Preservation
District or such District as a whole. For collocation of any certified
historic structure as defined by Section 253.545, RSMo., in addition
to all other applicable time requirements, there shall be a thirty-day
time period before approval of an application during which one (1)
or more public hearing on collocation to a certified historic structure
are held.
m.Â
Public Property. Wireless facilities located on property owned,
leased, or otherwise controlled by the City shall be subject to the
requirements of this Article. A license or lease with the City authorizing
the location of such wireless facilities shall be required for each
site.
n.Â
As-Built Plans. Within sixty (60) days of completion of the
initial construction and additional construction, two (2) complete
sets of plans drawn to scale and certified as accurately depicting
the location of all wireless facilities constructed shall be furnished
to the City.
D.Â
Permitted Uses.
1.Â
The placement of wireless facilities conforming with the general
requirements of this Section are permitted in all zoning districts
upon submittal of authorization from the respective property owner(s)
and only as follows:
a.Â
The mounting of antennae on any existing building or structure,
such as a water tower (but not including a support structure), provided
that the presence of the antennas and associated equipment is concealed
by architectural elements or fully camouflaged or concealed by painting
a color identical to the surface to which they are attached or other
satisfactorily camouflage as determined by the director.
b.Â
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.
c.Â
The attachment of additional or replacement antennas or accessory
equipment to any exiting fully conforming wireless facility where
local zoning is preempted by State or Federal law, are permitted uses
provided that building permit requirements, national safety codes,
and other applicable codes including recognized, accepted industry
standards for structural, safety, capacity, reliability, and engineering
are satisfied, including specifically the requirement to submit a
satisfactory certified structural engineering report. All modification
to wireless facilities shall require application and approval to amend
existing conditional use permit or other zoning authorization where
zoning is not preempted by Federal or State law.
2.Â
Applications for uses authorized under this Section shall be
on forms as may be established by the director with such information
as necessary to determine applicability of the specific permitted
use and shall be accompanied by a building permit application and
such five hundred dollar ($500.00) application fees as required to
cover the actual costs, but not to exceed such amounts as limited
by applicable law. Applications requesting any information that is
prohibited by Federal or State law under the applicable circumstance
shall be deemed inapplicable to the subject application. Applications
shall be decided upon within a reasonable time, subject further to
State or Federal specific additional requirements as may apply to
the particular application. The director shall review the application
and provide a deficient notice, in accordance with this Article, within
fifteen (15) days of receipt, or such other longer time as allowed
by applicable law. A decision to deny an application shall be made
in writing and state the specific reasons for denial.
E.Â
Authorization By Administrative Permit.
1.Â
The placement of wireless facilities fully conforming with the
general requirements of this Section are permitted in all zoning districts
by administrative permit approved by the director only as follows:
a.Â
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 as a permitted use.
b.Â
The placement of dual polar panel antennae on wooden or steel
functioning utility poles not to exceed forty (40) feet in height
in any residentially zoned district and on any such poles (or functional
replacement poles of no greater height) existing in any other district
on the date of adoption of this Article. All related equipment for
antennae permitted by this Subsection shall be wholly contained in
an underground cabinet or vault.
c.Â
Towers erected and maintained for a period not to exceed forty-five
(45) days for the purpose of replacing an existing tower, testing
an existing or proposed network, or special events requiring mobile
towers.
2.Â
Application Procedures. Applications for administrative permits
shall be made on the appropriate forms to the director and accompanied
by a deposit of one thousand five hundred dollars ($1,500.00), or
such other deposit amounts as may be established by the City Council.
The deposit shall be used to cover administrative costs and any telecommunications
or other consulting fees or other actual, direct, and reasonable costs
that the City may incur in review of the application, but shall not
include such amounts as limited by applicable law. Any amount not
used by the City shall be refunded to the applicant upon written request
after a final decision. Applications requesting any information that
is prohibited by Federal or State law under the applicable circumstance
shall be deemed inapplicable to the subject application. Applicant
shall submit along with its completed application form:
a.Â
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, walkways, parking areas
and other structures, public rights-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 wireless facilities;
b.Â
Proof of owner consent;
c.Â
Certified structural analysis as required herein; and
d.Â
All other information necessary to show compliance with the
applicable requirements of this Article.
3.Â
The application shall be reviewed by the director to determine
compliance with the above standards, including specifically design,
location, safety, and appearance requirements and transmit the application
for review and comment by other departments and public agencies as
may be affected by the proposed facility.
4.Â
In reviewing an application, the director may require the applicant
to provide additional information, including technical studies, and/or
to the extent permitted by law, may require applicant to pay in addition
to the cost of such studies if to be performed by the City, if reasonably
necessary to assess whether the standards for approval are satisfied.
An application shall not be deemed complete until satisfaction of
all application requirements and submission of all requested information
as provided herein.
5.Â
The director shall issue a decision on the permit within the
time frame permitted by applicable law unless the time period for
review and action is extended in writing by the director or Council
for reasonable cause. The director 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 and to affect the purposes
of this Section. The director may consider the purposes of this Section
and the factors established herein for granting a conditional use
permit as well as any other considerations consistent with this Article.
A decision to deny an application shall be made in writing and state
the specific reasons for the denial.
F.Â
Conditional Use Permit Required.
1.Â
All proposals to install, build, or modify a wireless facility
not permitted by a permitted use or through an administrative permit
shall require the approval of a conditional use permit following a
duly advertised public hearing by the Planning Commission and City
Council, subject to the following requirements, procedures, and limitations.
a.Â
Applications. Applications for conditional use permits shall
be filed on such forms required by the director and accompanied by
a deposit of one thousand five hundred dollars ($1,500.00) to cover
the actual costs, but not exceed such amounts as limited by law. Applications
are to be processed subject to the requirements of and in the manner
and time frame as otherwise established in the Zoning Code and subject
to the applicable time frames imposed by applicable law. Applications
requesting any information that is prohibited by Federal or State
law under the applicable circumstance shall be deemed inapplicable
to the subject application. A decision 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 presented during the public hearing
by the applicant or others. Approval of a conditional use permit shall
authorize only the particular use for which the permit is issued.
Development of a conditional uses shall not be carried out until the
applicant has secured all the permits and approvals required by this
Article, other appropriate provisions of the Richmond City Code, or
any permits required by County, regional, State, or Federal agencies.
b.Â
Pre-Application Meeting. Before any application is made, the
applicant is encouraged to meet with the director to discuss, in general,
the procedures and requirements for a conditional use permit request
pursuant to this Section.
c.Â
Application Process.
(1)Â
Form; Deficiency Notice. Conditional use permit
applications shall be submitted on forms in accordance with the above
to the director for a determination of completeness. Within thirty
(30) days of receipt of an application, or such longer or other review
times allowed by applicable law, the director shall review the application
and identify any ways in which the application is not complete and
provide the applicant with a written explanation of the deficiencies
with citation to the Code or Statutes requiring such deficient item.
(2)Â
New Application. Given the various time restrictions
applicable to approvals under applicable law, any modification of
an application other than to correct incompleteness may be denied
by the director if the change is material or presents difficulty in
completing review of the modified application within the established
review time. In such circumstance, the modified application must be
resubmitted as a new application and the original application shall
be deemed withdrawn.
d.Â
Processing Of Application And Scheduled Hearing. Following the
determination that a conditional use permit application is complete
or is deemed complete or as soon as may be required to meet any applicable
State or Federal time periods, the director shall forward the application
for review to the Planning Commission. Upon receipt of the application,
the Planning Commission shall schedule a public hearing on the application
at its next regular meeting, or at such other time as the applicant
and director agree.
e.Â
Report. The director shall review the substance of the application,
and prepare a report to the Planning Commission and City Council.
The report shall be made available to the applicant at least two (2)
business days prior to the hearing on the application.
f.Â
Examination Of And Copying Of Documents. At any time, upon reasonable
request, any person may examine the application and the materials
submitted in support of or in opposition to a conditional use permit
application.
g.Â
Notice Provisions For Public Hearing.
(1)Â
Public Notice. Notice setting forth the date, time,
place, and purpose of the public hearing, the name of the applicant,
and identification of the subject property must be published once
at least fifteen (15) days prior to the hearing in a newspaper of
general circulation throughout the City. Not less than thirty (30)
days prior to the public hearing, the applicant shall provide such
information required for the notice to the director.
(2)Â
Personal Notice Of Public Hearing. Notice shall
be sent by the director, by US Mail at least fifteen (15) business
days before the hearing to each current owner of real property, as
listed in the official records of the Recorder of Deeds of the appropriate
County, located within one hundred eighty-five (185) feet of the exterior
boundary of the property in question unless otherwise specified by
the director. The failure of a property owner to receive notice by
mail shall not be grounds for invalidating any action taken by the
Planning Commission or City Council.
(3)Â
Posted Notice. The director shall cause to be posted
at least one (1) sign on the subject property at least fifteen (15)
days prior to the hearing. The sign(s) shall remain posted on the
property until after the close of the public hearing. The director
shall prescribe the size, format, and location of the sign(s). The
sign shall be on the property of the City of Richmond and it shall
be a public offense for any person to remove, deface, conceal, or
destroy any such sign. The placement of signs is for the convenience
and information of the public and the absence of such signs during
all or part of the specified period of time shall in no way impair
or nullify proceedings on the action being considered.
(4)Â
Substantial Compliance Required. Minor technical
deviations in the language of published, personal, or posted notice
shall not be deemed to impair the notice where actual notice has been
given. Where there is a question raised at the hearing regarding the
adequacy of notice, the Planning Commission shall make a formal finding
as to whether there was substantial compliance with the notice requirements
of these regulations.
h.Â
Review And Recommendation By The Planning Commission. The Planning
Commission shall hold a public hearing to receive evidence and consider
the application. Evidence may be submitted with the application or
thereafter, or presented during the public hearing by the applicant
or others. The commission's written recommendations, together with
the application, staff report, any exhibits or evidence made part
of the record at the hearing, and a transcript or recording of the
public hearing shall constitute the "official record" which shall
be forwarded to the City Council for its decision.
i.Â
Public Hearing. Unless a hearing or the requirements herein
are waived by the applicant, each hearing shall provide a record of
the proceedings (by audio, video, stenographic, or other reliable
means of recording capable of transcription) and shall permit the
parties to introduce evidence under oath, and shall provide for cross-examination,
when requested. The formal hearing requirements herein shall be deemed
waived if not affirmatively requested by the application in its application.
j.Â
Scope Of Action. The Planning Commission may make a recommendation
to the City Council that is consistent with the notice given, including
approval of the application, conditional approval of the application
or denial of the application. The Planning Commission may allow amendments
or recommend conditions to the application if the effect is to allow
a lesser change than that requested on the original application or
to reduce the impact of the application or to reduce the amount of
land involved from that indicated in the notices of the hearing. The
Planning Commission may not, in any case, recommend a greater amount
of development, or a use failing in a different general use category,
or a larger land area than indicated in the original application and
notice.
k.Â
Review Criteria. In determining whether any proposed conditional
use permit shall be approved, the Planning Commission and the City
Council shall consider the following factors:
(1)Â
Whether the proposed use at the specified location
is consistent with the policies embodied in the adopted comprehensive
plan;
(2)Â
Whether the proposed use is consistent with the
general purpose and intent of the applicable zoning district regulations
and complies with the requirements of the zoning ordinance;
(3)Â
Whether the proposed conditional use, may be materially
detrimental to the public health, safety, convenience, and welfare,
or may result in the material damage or prejudice to other property
in the vicinity; and
(4)Â
Whether the proposed use is compatible with and
preservers the character and integrity of adjacent development and
neighborhoods and includes improvements or modifications either on-site
or within the public rights-of-way to mitigate any adverse impacts
which may result from the development, such as traffic, noise, odors,
visual nuisances, or other similar adverse effects.
l.Â
Decision By The City Council. Following the commission's public
hearing and receipt of the Planning Commission's official record,
the City Council shall consider only the official record and decide
whether to approve, conditionally approve, or deny the conditional
use permit application. The City Council may hold its own hearing
to take additional evidence or hear additional public comment if it
reasonably determines additional evidence or comment is necessary
or appropriate and shall supplement the official record accordingly
and make its decision thereon.
m.Â
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 permitted uses or administrative permits is not technologically
or economically feasible. The City may consider current or emerging
industry standards and practices, among other information, in determining
feasibility.
n.Â
Findings Required. The City Council's decision shall be contemporaneously
accompanied by substantial evidence supporting the decision, which
shall be made part of the written record of the meeting at which a
final decision on the application is rendered. In addition to the
determinations or limitations specified herein and by this Article
for the consideration of conditional use permits, no conditional use
shall be approved by the City Council unless findings in the affirmative
are made that the following conditions exist:
(1)Â
That the review criteria with or without conditions
imposed are generally met;
(2)Â
That the design of the wireless facilities, including
the antennae, shelter, and ground layout maximally reduces visual
degradation and otherwise complies with the 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;
(3)Â
That the proposed height, location, design, and
appearance of the wireless facility is of a type and nature commonly
found in the area, is maximally concealed or blended in with the environment,
and shall not have a materially detrimental impact on the view of
the surrounding area, safety, or the surrounding property values or
uses. The City Council may impose location, appearance, safety, or
other conditions as may be appropriate to address the nature of the
use and conform to the purposes of this Code; and
(4)Â
That the proposal fully complies with applicable
law including all requirements of this Section, provided that an exception
to the requirement, other than building or safety code compliance,
may be approved upon substantial evidence that compliance is not feasible
or is shown to be unreasonable under the specific circumstances shown.
o.Â
The City Council may take any action on the application that
is consistent with the notice given, including conditional approval
of the application or denial of the application. The City Council
may impose conditions as are reasonably necessary to assure compliance
with applicable general or specific standards stated in this Article.
Any conditions recommended by the director or Planning Commission
may be modified by the City Council based on the official record.
p.Â
Continuances Of Proceedings. Given the various time restrictions
applicable to approvals under this Section and other applicable law,
unless otherwise required by law or agreed upon by the applicant and
the City, there shall be no continuance granted for the scheduled
public hearing, unless the meeting is canceled for reasons beyond
the City's control.
q.Â
Amendments And Revisions. The director may approve minor revisions
to a site plan approved as part of a conditional use permit when authorized
in writing by the director and limited to those that are necessary
in light of technical considerations discovered by the applicant or
director after the decision on the conditional use permit.
r.Â
Revocation Of A Conditional Use Permit. Unless otherwise required
by law, any conditional use permit granted under the authority of
these regulations is subject to revocation pursuant to and in accordance
with the procedures Article, the Zoning Ordinance, and applicable
law.
s.Â
Transferability. Unless otherwise required by law, a conditional
use permit shall not be transferred without the prior written consent
of the City. The transfer of a permit where these conditions have
not been satisfied shall be invalid.
G.Â
Miscellaneous.
1.Â
Commercial Operation Of Unlawful Wireless Facility. Notwithstanding
any right that may exist for a governmental entity to operate or construct
wireless facilities, it shall be unlawful for any person to erect
or operate for any private commercial purpose any wireless facilities
in violation of any provision of this Section,
2.Â
Penalty. Any person violating this provision shall be subject
to a fine of not more than five hundred dollars ($500.00) or ninety
(90) days in jail, or both. Each day the violation continues shall
constitute a separate offense.
3.Â
Appeals. Appeals from any final decision made under this Section
shall be made to the Board of Zoning Adjustment in writing not later
than ten (10) days after such decision. The procedures of the Board
of Zoning Adjustment shall govern appeals by any aggrieved person
of a final action of any City officer, employee, board, commission,
or the City Council that are claimed by an aggrieved person to be
unlawful or an unconstitutional taking of property without compensation.
To the fullest extent permitted by law, such review procedures shall
be exhausted before any action may be filed in any court against the
City or its officers, employees, boards, officials or commissions.
Nothing herein shall be deemed to unlawfully limit any remedy that
is required to be available as a matter of law.
[Ord. No. 2470, 11-13-2018]
All conditional uses approved for residential structures within
"B-3," "B-1," and "S & O" Districts shall only be approved for
a five (5) year time limit and may be considered for renewal at that
time.
[Ord. No. 2470, 11-13-2018]
A.Â
Day care home for the care of more than four (4) but less than ten
(10) children unrelated to the operator, in accordance with the following
provisions:
1.Â
Complies with all rules, regulations and licensing requirements
adopted by the State of Missouri through its Division of Family Services;
2.Â
Is an accessory use of a residence occupied by the operator;
3.Â
Be so developed, maintained, and operated that the building
and yards have the appearance and character of a single-family dwelling,
and do not detract from abutting single-family dwelling properties;
4.Â
All play equipment and required outdoor play area is in the
rear yard;
5.Â
Outdoor play only between Sunrise and Sunset, i.e., Daylight
Hours; and
6.Â
One (1) non-illuminated wall sign not to exceed one (1) square
foot in area may be allowed to advertise the day care home.
[Ord. No. 2470, 11-13-2018]
As per Missouri State Statutes and Division of Alcohol Tobacco
and Firearms (ATF).
[Ord. No. 2470, 11-13-2018]
A.Â
Bulk storage of aviation fuel shall only be permitted for approved
commercial airports, airstrips, helipads and must comply with International
Fire Codes. Such storage shall not be permitted on private airstrips
or helipads.
B.Â
The runway or helipad shall not be lighted in such a way as to be
a detriment to the neighbors.
C.Â
The conditional use permit shall be issued to the Applicant and shall
not be transferable to any other party.
D.Â
The airport, airstrip, or helipad shall be used and operated in accordance
with applicable Federal Aviation Administration (the "FAA"), State,
and local regulation at all times.
E.Â
The grant of the conditional use permit is conditioned upon the Applicant
obtaining a "No Objection" or "Objection with Provision" Determination
Letter from the FAA indicating that the FAA has no serious issues
with the establishment of the airport, airstrip, or helipad in relation
to airspace safety and providing a copy of said Determination Letter
to the Community Development Director.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
A.Â
The purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, cultivating, transporting,
manufacturing, storing, and testing of marijuana and marijuana-infused
products, to the extent permitted by the Missouri Constitution, applicable
statutes enacted by the General Assembly, and regulations promulgated
by the Missouri Department of Health and Senior Services, and to protect
the health, safety, and welfare of the residents, businesses, and
property owners in the City.
Unless otherwise specified, the following, regulations apply
to all Marijuana Facilities and Medical Marijuana Facilities.
1.Â
No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter 220 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2.Â
Each Facility shall be located on properties that meet the following
distance requirements:
a.Â
No marijuana related uses shall be operated or maintained within
five hundred (500) feet of any then-existing, elementary or secondary
school, child daycare center or church.
b.Â
In the case of a freestanding Facility, the distance between
the Facility and the school, daycare, or church shall be measured
from the external wall of the Facility structure closest in proximity
to the school, daycare, or church to the closest point of the property
line of the school, daycare, or church. If the school, daycare, or
church is part of a larger structure, such as an office building,
or strip mall, the distance shall be measured to the entrance or exit
of the school, daycare, or church closest in proximity to the Facility.
In the case of a Facility that is part of a larger structure, such
as an office building, or strip mall, the distance between the Facility
and the school, daycare, or church shall be measured from the property
line of the school, daycare, or church to the facility's entrance
or exit closest in proximity to the school, daycare, or church. If
the school, daycare, or church is part of a larger structure, such
as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, daycare, or church closest
in proximity to the Facility. Measurements shall be made along the
shortest path between the demarcation points that can be lawfully
traveled by foot.
c.Â
For purposes of this Section:
(1)Â
A "daycare" means a child-care facility, as defined
by Section 210.201, RSMo., that is licensed by the State of Missouri.
(2)Â
A "elementary or secondary school" means any public
school as defined in Section 160.011, RSMo., or any private school
giving instruction in a grade or grades not higher than the twelfth
(12th) grade, including any property owned by the public or private
school that is regularly used for extracurricular activities, but
does not include any private school in which education is primarily
conducted in private homes.
(3)Â
A "church" means a permanent building primarily
and regularly used as a place of religious worship.
(4)Â
"Then-existing" means any school, daycare, or church
with a written building permit from the City to be constructed, or
under construction, or completed and in use at the time the medical
marijuana facility or marijuana facility first applies for either
zoning or a building permit, whichever comes first.
3.Â
Hours Of Operation. All Medical Marijuana Facilities and Marijuana
Facilities shall be closed to the public, no persons not employed
by the business shall be on the premises, and no sales or distribution
of marijuana shall occur upon the premises or by delivery from the
premises between the hours of 10:00 P.M. to 8:00 A.M.
4.Â
No merchandise or pictures of products shall be displayed so
as to be visible through glass, windows, or doors by a person of normal
visual acuity standing at the outside perimeter of a Facility.
5.Â
(Reserved)
6.Â
The sale or consumption of alcohol within a Facility is prohibited.
7.Â
Except as authorized by Article XIV of the Missouri Constitution or any applicable rules promulgated by the Missouri Department of Health and Senior Services, no person under the age of eighteen (18) shall be allowed in any portion of a Marijuana Facility or Medical Marijuana Facility. The entrance to a Facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
8.Â
All marijuana sold or otherwise distributed shall be in a sealed
container.
9.Â
The consumption, inhalation or other personal use of marijuana
or marijuana-infused products on or within the premises of a Marijuana
Facility or Medical Marijuana Facility is prohibited, except that
a Marijuana Testing Facility may consume marijuana during the testing
process and only as the consumption relates to the testing process.
10.Â
Dispensaries can be on the same property as a Comprehensive
Marijuana Cultivation Facility, Microbusiness Wholesale Facility Comprehensive
Marijuana-Infused Products Manufacturing Facility, Medical Marijuana
Cultivation facility, a Medical Marijuana-Infused Products Manufacturing
Facility in "I-1" but are not permitted to be within the same building
as any other marijuana-related use.
11.Â
Operating Plans. As a condition of processing of a business
license application, a Facility operator shall provide at the time
of filing the business license application a detailed operations plan
and, upon issuance of a license, shall operate the Facility in accordance
with the plan. Such plan shall include:
a.Â
Floor Plan. A plan showing the layout of the Facility and the
principal uses of the floor area depicted. Any dispensary facility
shall have a lobby waiting area at the entrance to the center to receive
clients, and a separate and secure designated area for dispensing
medical marijuana to qualified patients or designated primary caregivers.
The primary entrance of any stand-alone facility shall be located
and maintained clear of barriers, landscaping and similar obstructions
so that it is clearly visible from public streets, sidewalks or site
driveways. All storage areas shall be shown and labeled.
b.Â
Odor Controls. A Facility shall provide a plan for the mitigation
and control of odors and other environmental impacts which may emanate
from a Facility. Such plan shall describe the ventilation system for
the premises. Appropriate ventilation systems to prevent any odor
of marijuana or fumes from leaving the premises of a Facility or other
changes to a Facility may be required to abate a public nuisance.
12.Â
Signage.
a.Â
A sign for a Marijuana Facility or Medical Marijuana Facility shall comply with the requirements of Chapter 407 of this Code, or any ordinance enacted hereafter regulating signs.
b.Â
A sign for a Marijuana Facility or Medical Marijuana Facility
shall be located on the same premises as the facility.
13.Â
Each Facility shall at all times possess a current City business
license. By obtaining a City business license, the Facility Licensee
irrevocably consents to the immediate closure and cessation of operation
of the Facility in addition to all other penalties or remedies available
by law for the failure to possess a current City business license.
14.Â
No Medical Marijuana Facility or Marijuana Facility shall be
located in a building that contains a residence.
15.Â
No Marijuana Facility or Medical Marijuana Facility shall be
operated within the City without a valid license issued by the Missouri
Department of Health and Senior Services. No marijuana or marijuana-infused
products shall be acquired, certified, cultivated, delivered, manufactured,
processed, sold, stored, tested, or transported within the City, except
by persons or entities licensed for such purposes by the Missouri
Department of Health and Senior Services.
16.Â
Application Review Process.
a.Â
Site Review Permit. This preliminary permit reviews the proposed
marijuana related use for compliance with the City's zoning and location
standards prior to issuance of State license. Site review approval
shall expire, and be of no effect, one (1) year after the date of
issuance thereof.
b.Â
Business License. Once State licensing has been received, the
business license shall include all relevant State approvals and approved
operating plans.
