Missouri
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City of Clarkson Valley Missouri |
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A.
It is recognized that in applying this Chapter it may be necessary or
desirable, consistent with the general purposes of this Chapter and the
standards by which it is to be construed, to permit a building or structure to
be located, constructed or structurally altered or the premises to be used for a
purpose which is not included in the use regulations for the district in which
the building or structure or premises may be located.
The Board of Aldermen, subject to the procedures hereinafter set forth,
shall have the power to issue permits for such special uses provided that each
such permit is granted in accordance with the standards set forth in Section
405.030 above and that appropriate conditions and safeguards are imposed or
provided to preserve property values and to protect the public welfare.
B.
The following buildings, structures or uses may be permitted by special
permit issued in accordance with the procedures set forth below:
1.
Any public building erected and used by any department of Municipal,
County, State or Federal Government.
2.
Hospitals and institutions other than penal institutions, mental
institutions, sanitariums, convalescent care institutions, aged care
institutions, institutions for the care of alcoholics or drug addicts and
institutions for contagious diseases, provided however, that such buildings
may occupy not more than ten percent (10%) of the total area of the lot or tract
and will not have any serious and depreciating effect upon the value of the
surrounding property; and provided further, that the buildings shall be set back
from all lot lines heretofore established such distance as shall be established
by the Planning and Zoning Commission, taking into consideration the size of the
lot and the improvements, building plans and design, terrain, surrounding
properties and similar factors, and that ample off-street parking space will
be provided.
3.
Cemeteries.
4.
Public or private preschool training or education including kindergarten,
prekindergarten and nursery schools, other than part of and in connection with
an elementary school located and functioning within the City of Clarkson Valley.
5.
Riding academy or stables either in connection with private clubs or
otherwise, where horses are kept, boarded, cared for or rented for remuneration.
6.
Removal of gravel, sand, stone, or other raw materials.
7.
Libraries.
8.
Airports and landing fields.
9.
Private clubs.
10.
Signs or nameplates larger than two (2) square feet, for use in
connection with a demonstrable need or in connection with home occupations
provided there is a demonstrable need.
C.
Whenever the owner or owners of a new subdivision containing not less
than twenty-five (25) acres provides for the preservation of a portion of the
area for a park, playground, or similar recreation use or as open space, which
area or open space is solely for the use and benefit of residents of said
subdivision or City of Clarkson Valley or of members of an organization
operating the area, the Board of Aldermen may issue a special permit in accordance
with the procedures hereinafter set forth, for the balance of the new
subdivision to contain lots having less area than the minimum lot area required
in the District within which the new subdivision is located, but only when the
following conditions are fully observed:
1.
The maximum number of lots that can be obtained in such new subdivision
is determined by subtracting fifteen percent (15%) of the total area being
subdivided and dividing the remaining area by the minimum lot area requirement
of the zoning district within which the new subdivision is located.
2.
No lot shall contain an area that is less than seventy-five percent (75%)
of the minimum lot area requirement of the district within which it is located.
3.
Reasonable assurance or guarantee is furnished the Board of Aldermen that
the recreational area or open space will remain as such and will not be
subdivided.
4.
The location, extent and treatment of the open space as well as the
design of the new subdivision is approved by the Planning and Zoning Commission
of the City of Clarkson Valley.
D.
All permits for special uses shall be issued by the Board of Aldermen.
Applications for such permits shall be filed in writing with the Board
accompanied by a fifty dollar ($50.00) filing fee payable to the City Treasurer.
The Board shall promptly refer the application to the Planning and
Zoning Commission. (The Commission shall set the matter for hearing.
Written notices of the time and place of the hearing and the nature of
the application shall be mailed by the Commission to all property owners of the
City of Clarkson Valley within five hundred (500) feet of the property described
in the application at least fifteen (15) days in advance of the meeting at which
the application is considered.) Similar
notice shall be mailed to the applicant.
The Commission shall carefully review the application upon its merits in
light of the standards set forth in Section 405.030 above, and shall file its
report and recommendations thereof with the Board of Aldermen. In the event the Commission shall fail to submit its report
within ninety (90) days after the application has been referred to it by the
Board, the Board shall consider the application as if forwarded to it by the
Commission without recommendation.
E. The Board of Aldermen shall set the application for public hearing at a
regular or special meeting. The
Board shall cause notice of the time and place of said hearing to be published
at least fifteen (15) days in advance of the hearing in a newspaper of general
circulation in the City. After such
public hearing, and upon consideration of any additional facts or information
which may be brought before the Board, and in light of the report and
recommendations of the Commission, the Board shall decide whether to grant the
application and, if so, upon what terms and conditions it deems essential in the
public interest. The action of the
Board shall be transmitted to the applicant either at a hearing of the Board at
which representatives of the applicant are present or in writing.
In arriving at its decision the Board shall consider the merits of the
application in light of the standards set forth in Section 405.030 above.
(CC 1990 §18.090)
A.
In the Zone "A" Semi-Rural District a facility including
buildings, structures, and land, for the residential or outpatient treatment of
alcohol and/or other drug abuse may be located as a special use, if the facility
meets all of the following conditions:
1.
If a residential facility, not more than six (6) persons residing in the
building at one time.
2.
The exterior appearance of the treatment facility shall reasonably
conform to the exterior appearance of other dwellings in the vicinity.
3.
A treatment facility shall not be located closer than fifteen hundred
(1,500) feet to any other substance abuse facility.
B.
A special use permit shall be issued based upon the foregoing and after
application and hearings as set forth in Subsections (D) and (E) of Section
405.120 of this Chapter. (CC 1990
§18.091; Ord. No. 90-16 §1, 12-4-90)
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 the City of Clarkson
Valley. 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 Clarkson Valley;
2.
Minimize adverse visual impacts of communications antennae and support
structure through careful design, siting, 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.
Ensure 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.
B.
Legislative Findings.
1.
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
2.
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.
3.
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 of the Revised
Statutes of Missouri 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 of its citizens.
4.
The Federal Communications Commission (FCC) has exclusive jurisdiction
over:
a.
The regulation of the environmental effects of radio frequency emissions
from Telecommunications Facilities, and
b.
The regulation of radio signal interference among users of the radio
frequency spectrum.
5.
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 opportunities for placement of antennae with prompt approval
by the City. The Chapter does not
attempt to regulate in areas within the exclusive jurisdiction of the FCC.
6.
The uncontrolled proliferation of towers in the City of Clarkson Valley
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 its citizens.
C.
Definitions.
As used in this Section, the following terms shall have the meanings and
usages indicated:
AGL:
Above ground level. 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.
ANTENNA(AE):
Any device taller or wider than four (4) feet 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 that one (1) meter in
diameter (mounted within twelve (12) feet of the ground or building-mounted) and
any receive-only home television antennae.
CABINET:
A structure for the protection and security of communications equipment
associated with one (1) or more antennae where direct access to equipment is
provided from the exterior 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.
CERTIFICATE OF AUTHORIZATION:
The Certificate issued by the Tower Commission or Planning and Zoning
Commission authorizing the erection or replacement of an antenna or tower.
Said certificate shall be subject to cancellation upon notice to
applicant of failure to comply with this Section.
COMMUNICATION TOWER MULTI-USE INTEREST AREA:
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.
DISGUISED SUPPORT STRUCTURE:
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.
Such structures may include but are not limited to clock towers,
campaniles, observation towers, water towers, light standards, flag poles and
artificial trees.
FAA:
The Federal Aviation Administration.
FCC:
The Federal Communications Commission.
HEIGHT:
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.
MODIFICATION:
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.
NOTIFICATION:
Written notice delivered by certified mail to all known potential tower
users and City Clerk.
SHELTER: A building for the
protection and security of communications equipment associated with one (1) or
more antennae and where access to equipment is gained from the interior of the
building. Human occupancy for
office or other uses or the storage of other materials and equipment not in
direct support of the connected antennae is prohibited.
SUPPORT STRUCTURE:
A tower or disguised support structure.
TOWER:
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 by an
amateur radio operator licensed by the Federal Communication Commission.
TOWER COMMISSION:
A Commission made up of the Mayor of the City of Clarkson Valley and two
(2) residents of the City appointed by the Mayor with the advice and consent of
the Board of Aldermen responsible for issuing a certificate of authorization.
Terms of the appointment shall be two (2) years.
D.
General Requirements.
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 Section, April 15, 1997, 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, and the BOCA National Building Code.
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 authorization 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 antenna or structures within the City.
4.
Security.
a.
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 submitted to the Tower Commission or Planning and Zoning Commission
to install, build or modify antennae or support structures.
Additional measures may be required as a condition of the issuance of a
certificate of authorization or a building permit as deemed necessary by the
Tower Commission or by the Planning and Zoning Commission.
b.
Any applicant for construction of a new or replacement antenna, cabinet,
disguised support structure, shelter, support structure or tower shall agree to
indemnify and hold harmless the City of Clarkson Valley from any and all
liability extending from the placement of said structure within the City of
Clarkson Valley and shall name the City of Clarkson Valley as an additional
named insured in applicants liability insurance policy.
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
Tower Commission or Planning and Zoning Commission pursuant to the certificate
of authorization.
6.
Advertising.
Unless a disguised antenna support structure in the form of an otherwise
lawfully permitted pylon sign, the placement of advertising on any antenna,
cabinet, disguised support structure, shelter, support structure or tower
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 as-built environment of the site.
b.
Equipment shelters or cabinets shall have an exterior finish compatible
with the natural or as-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 Tower Commission or
by the Planning and Zoning Commission in the case of a new construction
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 residential structure a
distance equal to the height of the tower.
Towers 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 structures in said zoning district.
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 district.