901.1 DEFINITIONS.
Residential Swimming Pool. A pool intended for use that is accessory to a residential setting (one- or two-family dwelling) and available only to the household and its guests.
Residential Spa (Hot Tub). A product intended for the immersion of persons in temperature-controlled water circulated in a closed system, and not intended to be drained and filled with each use. A spa usually includes a filter, a heater, pump, and a control.
Safety Cover. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms, that is temporarily placed or installed over an entire pool, spa, or hot tub and secured in place after all bathers are absent from the water.
901.2 GENERAL COMPLIANCE.
Location.
(a) Residential
swimming pools and spas are permitted as an accessory to one-family and
two-family dwellings in R-1, R-2, R-3 zoning districts and residences located
within the MU-R zoning district.
(b) All
swimming pools shall be erected in the rear yard or in the rear portion of the
lot behind the principal building. No swimming pool shall be nearer than five (5)
feet from the side or rear lot line, nor shall any swimming pool be erected any
nearer than five (5) feet from any house, building or residence.
Barrier Requirements.
(a) Where spas or hot tubs are equipped with a lockable safety cover and swimming pools are equipped with a powered safety cover, the areas where those spas, hot tubs, or pools are located shall not be required to comply with the following provisions.
1. Outdoor pools and spas shall be surrounded by a barrier that is not less than 48 inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet measured horizontally from the outside of the required barrier.
2. The vertical clearance between grade and the bottom of the required barrier shall not exceed 4 inches where measured on the side of the required barrier that faces away from the pool or spa.
3. Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade or shall be mounted on top of the pool or spa structure. Where the barrier is mounted on the top of the pool or spa, the vertical clearance between the top of the pool or spa and the bottom of the barrier shall not exceed 4 inches.
4. The pool or spa side of the required barrier shall not be less than 20 inches from the water’s edge.
5. All fence gates must be locked when the residents are away from the home or when the pool is not in use.
(b) An above-ground residential pool wall structure or barrier mounted on top of an above-ground residential pool wall structure shall serve as a barrier when the pool wall or barrier is not less than 48 inches above grade for the entire perimeter of the pool and when ladders or steps used as a means of access to an above-ground pool are capable of being secured, locked or removed to prevent access except where the ladder or steps are surrounded by a barrier that meets the requirements of subsection 901.2(a).
902.1 APPLICABILITY. This section applies to solar collectors, defined as:
Solar Collector means a device used to collect direct sunlight to heat or cool a structure, heat domestic hot water or swimming pools, or to generate electricity.
Solar Energy Conversion System means equipment and wiring needed to collect, store and convert solar energy into a useable form. Active solar systems rely upon mechanical means to collect light and/or heat from the sun and convert it into useable energy. Passive systems use natural, non-mechanical techniques to obtain energy from the sun including daylighting, south-facing windows, natural shading and ventilation, and building materials to absorb heat from the sun and slowly.
Photovoltaic Cells means extremely thin solar energy collection cells, usually made of silicon, that collect solar energy and convert it to direct current (DC) electricity. release it.
Solar Greenhouse means a solar collector that is a structure or part of a structure using glass or similar glazing material to collect direct sunlight for space heating purposes.
902.2 GENERALLY
1. All solar collectors shall comply with the adopted building code and shall require a building permit.
2. All solar collectors shall comply with the Renewable Energy Interconnection Standards as adopted by ordinance and all other city ordinances applicable to solar energy.
3. Solar collectors are permitted in all zoning districts, subject to performance standards that protect neighborhood character and avoid unreasonable impacts to neighboring property.
902.3 INSTALLATION ON A PITCHED ROOF.
1. Roof-mounted solar collectors located on front or side of pitched roofs shall not extend above the peak of the roof plane on which they are mounted. No portion of the solar collector shall extend more than 24 inches perpendicular to the point on the roof where it is mounted.
2. Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted. No portion of any the solar collector shall extend more than 4 feet perpendicular to the point on the roof where it is mounted.
902.4 INSTALLATION ON A FLAT ROOF.
1. Roof-mounted solar collectors may be mounted on a flat roof at an optimum angle to the sun for maximum energy production when the building parapet or roof design provides full screening of the solar panels from public streets.
2. For installation of roof-mounted solar collectors on flat-roof buildings without parapets, panels shall be placed in the most obscure location without reducing the operating efficiency of the collectors, such as the center of the roof. The panels shall be installed at the same angle or as close as possible to the pitch of the roof. Associated equipment is permitted on the roof, if it is screened from view of the public street.
902.5 INSTALLATION ON THE SIDE OF A BUILDING.
1. Wall-mounted solar collector panels are not permitted on wall of any structure facing the front yard. Wall-mounted solar collector panels facing the side or rear yard may be permitted, but are subject to approval of the Planning Commission.
2. Wall-mounted solar collector panels shall not extend more than five (5) feet to the furthest extension of the solar collection panels from the wall plane on which they are installed.
3. If approved by the Planning Commission for placement on a wall facing the side or rear yard, wall-mounted solar collector panels shall not extend more than 25 percent into any required side setback or 50 percent into any required rear setback. No part of the system shall extend into any required front setback.
4. Wall-mounted solar collectors shall not extend above the top of the wall on which they are mounted.
5. Solar collector panels placed on a fence are prohibited.
902.6 GROUND-MOUNTED INSTALLATION.
1. Ground-mounted solar collectors shall not exceed eight (8) feet in total height and shall be located within the rear yard at least 12 feet inside the property line.
2. All lines serving a ground-mounted solar collector shall be located underground.
902.7 PARKING LOT LIGHT POLE INSTALLATION
1. Twenty (20) percent of the height of a light pole may be added above the light fixture to install a solar collector panel.
2. The overall height of the parking lot light pole and solar collector shall not exceed 40 feet. Any necessary solar collector appurtenances shall be painted to match the light pole and fixture.
902.8 NONCONFORMITIES
1. The Governing Body may permit the installation of solar collectors that cause an existing structure to become nonconforming, or which increase an existing nonconformity, as a special use.
2. The installation may be permitted even if it exceeds the height limit established in the zoning district, if the following conditions are met:
a. There is no feasible alternative to placing the collector(s) on the roof;
b. The collector(s) are located so as to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the collectors;
c. The collector(s) add no more than seven (7) feet of height to the existing structure. To minimize view blockage or shadow impacts, the Governing Body may limit a nonconforming solar collector to less than seven (7) additional feet of height.
903.1 INTENT. The regulations set forth in this Article, or set forth elsewhere in these regulations when referred to in this Article, are the regulations governing the placement and operation of domestic Wind Energy Conversion Systems (WECS). The intent of this Article is to allow domestic WECS as accessory uses in the Light Industrial and Heavy Industrial Zoning Districts, subject to compliance with the relevant provisions for such use set forth in this Article.
903.2 DEFINITIONS. Wind Energy Conversion System: The combination of mechanical and structural elements used to produce electricity by converting the kinetic energy of wind to electrical energy. Wind Energy Conversion Systems (WECS) consist of the turbine apparatus and any other buildings, support structures and other related improvements necessary for the generation of electric power from wind.
Domestic Wind Energy Conversion System: A Wind Energy Conversion System consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 25 kW, which is less than 120 feet in height above grade and which is intended to primarily reduce on-site consumption of utility power and not primarily for commercial power production.
Wind Energy Conversion System Height: The distance measured from the ground level at the base of the tower structure to the highest point on the Wind Energy Conversion System, including the rotor blades.
903.3 DOMESTIC WIND ENERGY CONVERSION SYSTEMS
In the “I-1” and “I-2” zoning districts domestic WECS are allowed as an accessory use.
a. Domestic wind energy conversion systems in the “I-1” and “I-2” Industrial districts. The following conditions and restrictions shall apply to domestic wind energy conversion systems:
1. Spacing. No system may be located within 300 feet of another domestic system.
2. Setbacks. Every system shall meet the following minimum setbacks:
(a) A setback from the nearest property line a distance equal to the height of the system, including the rotor blades.
(b) A setback from the nearing public road right-of-way a distance equal to the height of the system, including the rotor blades, plus an additional 50 feet.
3. Blade height. The lowest point of the rotor blades shall be at least 50 feet above ground level at the base of the tower.
904.1 TELECOMMUNICATIONS TOWERS; PERMITS
Radio or television towers, communication towers, microwave transmitting and/or receiving towers and/or stations, radio antennas, commercial satellite earth stations and similar appurtenances may be allowed pursuant to issuance of a Conditional Use Permit, when such conditional use is provided for in the relevant district regulations, and subject to the following requirements:
a. Applicant shall present satisfactory proof that the proposed location and use is reasonably necessary.
b. None of the conditional uses listed in this section shall be required to comply fully with the lot size and height regulations of the zoning district in which they are located except as may be required by the conditions imposed upon the applicant.
c. Such structures must be set back from all adjacent property lines and streets a distance equal to not less than its height plus fifty (50) feet, provided, however, the Zoning Administrator may approve a shorter distance reasonably necessary to protect adjoining property and public safety.
d. Applicant must document that no co-location on an existing tower or other structure exists within five (5) miles of the proposed location is feasible or that efforts were made to locate on existing towers or other structures but such efforts were not successful.
Documentation of this requirement shall be placed in the record by affidavit of applicant or intended user of the tower, who shall also submit a tower propagation map for a geographic area determined by the Zoning Administrator. At the request of the Planning Commission additional evidence in the form of testimony may be required from the applicant or intended user of the tower.
e. All proposed communication towers 150 feet or less in height, not including lightning rod, shall be designed to accommodate at least one (1) additional PCS/Cellular or other similar platform. All proposed communication towers in excess of 150 feet shall be designated to accommodate at least two (2) additional PCS/Cellular or other similar platforms.
f. Any application for a proposed tower in excess of 150 feet in height shall include documentation regarding the necessity for the proposed height from a licensed professional engineer. Such documentation shall be in the form of an affidavit acceptable to the Planning Commission and signed by said engineer. At the request of the Planning Commission additional evidence in the form of testimony may be required from the engineer.
g. The tower and accessory equipment must meet all requirements of the Federal Aviation Administration. To the extent allowed by such requirements, any required lighting for such tower shall be red during time of darkness.
h. The applicant must provide financial assurances, satisfactory to the City that all costs related to the requirements of these regulations will be met.
i. No permit shall be approved for a term in excess of five years. Six months prior to the end of the term of the approved permit the Planning Commission shall hold a public hearing on the renewal of the permit, unless at such time the permit holder advises the Zoning Administrator, in writing, that a renewal of the permit is not desired. At such hearing the Planning Commission will make findings as to: (1) the permit holder’s compliance with the terms and conditions of the permit; (2) requests that have been accepted and rejected by the permit holder for co-location on the subject tower; and (3) whether any change in circumstance or condition relative to the tower and/or the surrounding neighborhood requires reconsideration of any of the factors for consideration set out at 904.8 of these regulations.
904.2 FENCING AND SCREENING. Security fences must be constructed around or upon parcels containing towers and similar structures. Screening is not required of towers.
904.3 SETBACKS AND LANDSCAPING. All landscaping on parcels containing towers or similar structures shall be in accordance with the applicable setback requirements in the zoning district where the tower or similar structures are located. Existing vegetation shall be maintained to the extent possible. Additional landscaping may be required as part of the Conditional Use Permit if to do so would make the tower or similar structures more compatible with the surrounding area.
904.4 SECURITY. All towers must be secured to protect against trespass or unauthorized use of the property, tower or similar structure.
904.5 ACCESS. All parcels upon which towers are located must provide access to at least two (2) vehicular parking spaces located within one hundred (100) feet of the tower.
a. Permittees shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
b. Permittees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the adopted electrical code of the City.
c. All towers, telecommunications facilities and similar structures shall at all times be kept and maintained in good condition, order, and repair so as not to menace or endanger public health or safety.
904.7 DESIGN. All permittees shall make every reasonable effort to design and construct new towers and similar structures to blend into the character and environment of the area in which they are located, including the use of camouflage techniques and side mounting antennas.
904.8 CONSIDERATION OF CONDITIONAL USE PERMIT
a. Except as hereinafter otherwise provided a Conditional Use Permit application for a telecommunication tower shall be subject to the same procedures for consideration and action as applies to any other Conditional Use Permit application pursuant to Chapter 12 of these regulations.
b. In lieu of the factors for consideration of a Conditional Use Permit application under Chapter 12 of these regulations, the Planning Commission may recommend approval of a Conditional Use Permit, and the Governing Body may approve such permit for a telecommunications tower, using the following factors as guidelines:
1. Whether approval of the conditional use would be consistent with the intent and purpose of, and meets the requirements of, these regulations;
2. The aesthetic impact of the proposed telecommunications tower on the surrounding neighborhood;
3. Whether the relative gain to the public health, safety and general welfare outweighs the hardship imposed upon the applicant by not granting the permit;
4. Whether the positions of the applicant and/or the opponents are substantiated by substantial competent evidence or rather generalized concerns or unsubstantiated claims are made to the Planning Commission and/or Governing Body;
5. Whether an F.C.C. license has been granted to the applicant authorizing provision of wireless services to the community and whether radio frequency emissions will comply with F.C.C. regulations;
6. Whether there is an existing tower upon which the applicant can co-locate and if so, what substantiated efforts have been made by applicant for co-location and upon what basis were any such towers deemed unacceptable by the applicant;
7. Whether the tower will adversely impact adjoining property values, present a hazard to air space, negatively impact the environment, traffic or in any other manner create negative impacts upon the neighborhood or community;
8. The recommendation of professional planning staff;
9. The expert testimony presented on behalf of and in opposition to the application; and
10. Such other factors as may be relevant to the facts and evidence presented in the application.
c. Consideration of an application for a Conditional Use Permit for a telecommunications tower shall be considered and acted upon by the Planning Commission and Governing Body in adherence to the limitations upon local authorities set out in the National Wireless Telecommunications Siting Policy, Section 332(c), 47 U.S.C. 332(c) which provides in part that the regulation of the placement, construction and modification of personal wireless service facilities by a local government shall not unreasonably discriminate among providers of functionally equivalent services; and shall not prohibit nor have the effect of prohibiting the provision of personal wireless services. Further, the siting policy provides that a local government shall act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is duly filed, taking into account the nature and scope of such request. Further that any decision by a local government to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. And further that no local government may regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the F.C.C.’s regulations concerning such emissions.
904.9 FILING REQUIREMENT. A permittee shall certify in writing, every three years, that its tower is structurally sound and conforms to the requirements of the applicable state law and all other construction standards set forth by local, federal and state law by filing, by January 1st of every third year following the date of the grant of its tower permit, a sworn statement by the permittee to that effect. All permittees or owners of towers in existence on the effective date of these regulations shall submit a statement by January 1, 2015, and by January 1st every three (3) years thereafter that said tower is free from hazards and that the tower does not pose an imminent threat to the surrounding area or public health and safety. Together with this statement every permittee shall provide a certificate of liability insurance for not less than $500,000.00 coverage for injury to persons or property as a result of any tower failure or malfunction or defect. Permittee shall list the Zoning Administrator as a party who must be notified should this insurance be cancelled or discontinued for any reason, thirty (30) days before the expiration of coverage.
The Governing Body may at any time revoke a permit for failure to comply with the provisions of these regulations. To properly revoke a permit, the Governing Body must comply with the procedures set forth below:
a. The Governing Body shall provide permittee with written notice of a cause for revocation and the intent to revoke and shall allow permittee sixty (60) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance. Together with the notice required herein, the Governing Body shall provide permittee with written findings of fact which are the basis of the revocation.
b. The Governing Body shall provide the permittee with the right to a public hearing before the Governing Body which public hearing shall follow sixty (60) day notice. All interest parties shall be allowed an opportunity to be heard at the public hearing and present evidence.
c. Within thirty (30) days after the public hearing date the Governing Body shall issue a written order setting forth its findings of fact and conclusions of law forming the basis for its decision.
d. Upon written determination by the Governing Body to revoke a permit, the permittee may appeal the decision to a court of competent jurisdiction.
e. Upon permittee’s failure to correct a violation, the Governing Body may issue an order to disconnect utilities to said tower to any utility company providing same. Said order shall not be issued prior to thirty (30) days from the date of the Governing Body’s written determination. Said order shall be served upon the chief executive officer thereof, together with the permittee at the last known address, and have attached to it the findings of the Governing Body.
904.11 TRANSFER OF PERMIT. A tower permit may not be sold, transferred, leased or assigned by any other person without the consent of the Governing Body, such consent not to be unreasonably withheld.
904.12 ABANDONMENT OF TOWER
a. In the event the use of any tower has been discontinued for a period of one (1) year, or in the event that a permittee has taken no action within one-hundred eighty (180) days after the revocation of a tower permit, such tower shall be deemed abandoned.
b. The Governing Body shall provide the tower owner three (3) months’ notice and an opportunity to be heard by the Governing Body, before initiating an abandonment action.
905.1 General. Home occupations shall be permitted in all zones, provided the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises.
905.2 Conditions.
1. The home occupation shall not exceed 15 percent of the floor area of the primary structure.
2. Other than those related by blood, marriage or adoption, no more than one person may be employed in the home occupation.
3. Inventory and supplies shall not occupy more than 50 percent of the area permitted to be used as a home occupation.
4. There shall be no exterior display or storage of goods on said premises.
5. Home occupations involving beauty shops or barber shops shall require a conditional-use permit.
6. Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time.
7. Two additional parking spaces shall be provided on the premises, except only one need be provided if the home occupation does not have an employee. Said parking shall comply with the parking requirements in Chapter 8.
SECTION 906 ADULT ORIENTED BUSINESSES
906.1 Adult oriented businesses, by their nature, are known to produce deleterious effects on adjacent land uses and secondary negative impacts upon juveniles, especially where such businesses are clustered. For those reasons adult oriented businesses are restricted to industrial zoned Districts and are subject to a Conditional Use Permit.
906.2 Adult oriented businesses include the following adult oriented business uses: adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motels, adult motion picture theaters and adult theaters and other related sexually oriented businesses.
906.3 Provisions.
No adult oriented business shall be located within 1,000 feet of a park, school, day care center, library or religious or cultural activity.
1. No adult oriented business shall be located within 1,000 feet of any other adult-use business or any residential zone boundary.
2. Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.
3. Said business shall be located in I-1 and I-2 zones and shall not be permitted as a home occupation.