§ 417.070. Conditional Use Permit Required., Chapter 417. Communications Antennae and Support Structures, Land Use, Code of Ordinances, Warson Woods

All proposals to install, build or modify an antenna or support structure not permitted by Sections 415.050 and 415.060, shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission, subject to the forthcoming limitations. Applications of conditional use permits shall be filed and processed subject to the requirements of and in the manner and time frame established herein.

Procedures. The granting of a conditional use permit may be initiated by a verified application by all owners of record or owners under contract of a lot or tract of land, or by a resolution of intention by the Planning and Zoning Commission or the Board. If initiated by contract owners, a complete copy of the contract creating the interest shall be attached to the petition. Procedures for application, review and approval of a conditional use permit shall be as follows:

Application. Application for a conditional use permit for a specific tract of land shall be addressed to the City of Warson Woods Planning and Zoning Commission and filed in its public office. The application shall be filed on forms prescribed for that purpose by the Planning and Zoning Commission and be accompanied by the following:

(1)

Filing fee of one hundred seventy-five dollars ($175.00).

(2)

Legal description of the property.

(3)

Outboundary plat of the property.

(4)

Preliminary development plan, including, but not limited to the following:

(a)

Proposed uses. Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.

(b)

Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.

(c)

Approximate location of all isolated trees having a truck diameter of six (6) inches or more one (1) foot above grade, all tree masses and proposed landscaping.

(d)

Two (2) cross section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.

(e)

Proposed ingress and egress to the site, including adjacent streets.

(f)

Preliminary plan for provision of sanitation and drainage facilities.

Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 430.010, "Amendments, Changes and Additions", except that the posted public notice signs shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within forty-five (45) days of verification by the Building Commissioner that the petition meets the minimum application requirements.

Approval or denial of application. Subsequent to public hearing, the Planning and Zoning Commission shall file a report with the Board of Aldermen in which the Commission shall grant or deny each application for a conditional use permit based on the standards established herein and state the reasons therefore. In approving such conditional uses, the Planning and Zoning Commission shall impose such conditions as it determines necessary. Said conditions shall include but not be limited to the following:

(1)

Performance standards.

(2)

Height limitations.

(3)

Minimum requirements for site development plans.

(4)

Time limitations for commencement of construction.

(5)

Limitation of the duration of the permit.

Permit effective, when. Unless the Board exercises its power of review or a duly filed protest is received by the City Clerk, a conditional use permit or an amendment thereto shall become effective after fifteen (15) days of the Board's receipt of the Planning and Zoning Commission's report granting the application. In the event that a conditional use permit is filed in conjunction with a required change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.

Effect of denial. Upon denial by the Planning and Zoning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is filed from the denial and if the Board does not exercise its power of review, no subsequent application for a permit with reference to the same property or part thereof shall be filed by any applicant until the expiration of twelve (12) months after the denial. No provision herein shall be construed to prevent the Planning and Zoning Commission or the Board from initiating the procedure provided in this Section by a resolution of intention at any time.

Standards for granting conditional use permit. A decision by the Planning and Zoning Commission shall be accompanied by substantial evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.

Initial findings. The Planning and Zoning Commission may permit towers authorized by this Section only where the proposal is deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City. The petitioner shall have the burden of establishing that the requested use satisfies these standards and further there is a public necessity for such use.

Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of an antenna or support structure pursuant to Section 417.050 (Permitted Uses) or Section 417.060 (Administrative Permits) of this Chapter is not technologically or economically feasible. The Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.

Specific findings required. In addition to the determinations or limitations specified herein for the consideration of conditional use permits, the Planning and Zoning Commission shall also base its decision upon, and shall make findings as to, the existence of the following conditions:

(1)

The proposed tower is not and cannot be located within a communications tower multi-use interest area as designated by such map, or if so located, meets the co-location requirements of this Section.

(2)

No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering:

(a)

Height,

(b)

Structural strength,

(c)

Resulting signal interference,

(d)

Feasibility of retrofitting,

(e)

Feasibility of redesigning the applicant's tower network, or

(f)

Other limiting conditions that render towers, structures or buildings within the applicant's required geographic area unsuitable.

(3)

The design of the tower or structure, including the antennae, shelter and ground layout maximally reduces visual degradation and otherwise complies with provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.

(4)

The proposal minimizes the number and/or size of towers or structures that will be required in the area.

(5)

The applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this Chapter or otherwise.

(6)

No land owned by any agency of the Federal or State government, or by any political subdivision of the State, is available for locating the structure or tower.

If any one (1), but not more than one (1), of the first (1st) six (6) determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section.

Additional height limitations. No tower shall be approved at a height exceeding seventy-five (75) AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternatives are not viable.

Appeal, protest or Board of Aldermen review of Planning and Zoning Commission decision.

Appeal by petitioner from decision of denial. The petitioner may file an appeal to the Board of a Planning and Zoning Commission denial of an application for a conditional use permit within ten (10) days of such denial.

Protest by specified nearby property owners to decision of approval. Specified nearby property owners may file a protest with the Board against the Planning and Zoning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 430.010, "Amendments, Changes and Additions".

Board of Aldermen review of Planning and Zoning Commission decision.

(1)

Within fifteen (15) days after receipt of the Planning and Zoning Commission's report, the Board, upon motion adopted by majority vote, may exercise the power of review of any Planning and Zoning Commission decision on an application for a conditional use permit or an amendment thereto.

(2)

Before acting on the conditional use permit, the Board shall set the matter for hearing. The Board shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning and Zoning Commission or to the protestants in the case of a protest. The applicant shall be heard at the hearing. In addition, any other person or persons who, in the discretion of the Board, will be aggrieved by any decision or action with respect to the conditional use permit may also be heard at the hearing.

Board of Aldermen decision. Following the hearing by the Board or its Committee on Planning and Zoning on an application, the Board may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of two-thirds (2/3) of the members of the whole Board shall be required to approve a protested conditional use permit or to overrule the disapproval of the Planning and Zoning Commission. In all other instances, a majority vote of the whole Board shall be required to approve, deny or modify the determination of the Planning and Zoning Commission.

Site development plans. Subsequent to the effective date of the conditional use permit, a site development plan shall be submitted for review and approval to the Building Commissioner, as specified in the conditions of the permit. The plan shall contain the minimum requirements established in the conditions governing the conditional use permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit procedure shall be issued prior to approval of such plan. The approved plan shall be retained on file by the Building Commissioner.