CHAPTER 7
SUPPLEMENTAL USE REGULATIONS
SUPPLEMENTAL USE REGULATIONS
SECTION:
16-7-1: Home Based Businesses
16-7-1-1: General Provisions
16-7-1-2: Permitted Home Based Business Uses
16-7-1-3: Prohibited Home Based Business Uses
16-7-1-4: Home Based Businesses As Conditional Uses
16-7-2: Towers And Antennas
16-7-2-1: Definitions
16-7-2-2: Applicability
16-7-2-3: Communication Tower Standards
16-7-2-4: Antennas
16-7-2-5: Conditional Use Permit Application
16-7-2-6: Security Fencing
16-7-2-7: Exterior Finish
16-7-2-8: Landscaping
16-7-2-9: Lighting
16-7-2-10: Maintenance, Repair And Modification
16-7-2-11: Support Facilities
16-7-2-12: Removal Of Communication Towers And Antennas
16-7-2-13: Nonconforming Communication Towers And Antennas
16-7-2-14: Satellite Dish Antenna Regulations
16-7-3: Wind Energy Conversion Systems
16-7-3-1: Purpose
16-7-3-2: Definitions
16-7-3-3: Residential Wind Energy Conversion Systems (RWECS)
16-7-3-4: Small Wind Energy Conversion Systems (SWECS)
16-7-3-5: Commercial Wind Energy Conversion Systems (CWECS)
16-7-3-6: Freestanding WECS Bulk Standards
16-7-3-7: Building Mountable Wind Turbines (BMWT)
16-7-3-8: Repair; Abandonment; Removal
16-7-4: Adult Entertainment Establishments
16-7-4-1: Purpose
16-7-4-2: Siting Requirements
16-7-5: Payday Lending Establishments
16-7-5-1: Purpose
16-7-5-2: Definition
16-7-5-3: Payday Lending - Siting Requirements
A. Permitted As Accessory Uses; Restrictions: Home based businesses shall be permitted as accessory uses within principal residential dwellings, provided they meet the following provisions and the requirements of the district in which located. A home based business shall not be permitted that:
1. Changes the outside appearance of the dwelling or is visible from the street.
2. Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood.
3. Creates a hazard to person or property, results in electrical interference, or becomes a nuisance.
4. Results in outside storage or display of any kind.
5. Employs other than self or family members residing on the premises.
6. Occupies more than fifty percent (50%) of the total floor area of the dwelling unit.
7. Requires deliveries of materials to and from the premises involving the use of vehicles over two (2) ton capacity, except parcel post or similar parcel service vehicles.
8. Produces noise, vibration, smoke, odors, heat or glare as a result of a home based business which would exceed that normally produced by a single residence as determined by the city planner.
9. Advertises with a sign on site or off premises.
B. Customer And Client Contacts: Customer and client contact shall be primarily by telephone, mail, fax, e-mail, or website and not on the premises of the home based business, except those home based businesses such as tutoring, teaching, childcare or personal services which cannot be conducted without personal contact and as permitted in the following section.
C. Services Or Sales: Services or sales conducted on the premises shall be by appointment only and shall not be oriented toward, or attract, off the street customer or client traffic. (Ord. 52-09, 10-19-2009)
The following are permitted as home based businesses, provided such professional, business, or office activities are conducted in a manner that is clearly accessory and incidental to the residential use of the premises:
Adult day services (not including licensed adult daycare).
Art studio.
Cake decorating.
Ceramics.
Childcare (not including licensed childcare center).
Computer programming.
Consultant services.
Dressmaking, sewing and tailoring.
Film processing.
Home cooking and preserving.
Home crafts.
Home office.
Home products distributors.
Income tax preparations.
Insurance salespersons.
Mailing services.
Online business.
Painting, sculpting and writing.
Teaching or tutoring limited to four (4) persons at one time.
Telephone answering.
Typist/stenographer. (Ord. 52-09, 10-19-2009)
The following uses shall be specifically prohibited as home based businesses:
Antique/furniture refinishing for resale on the premises or as a service for the general public.
Automobile repair, except that an individual residing on the premises may service such individual's own vehicle, providing that the provisions of section 16-7-1-1 of this chapter are met and that no repairs shall take place between the hours of nine o'clock (9:00) P.M. to nine o'clock (9:00) A.M.
Barber and beauty shops.
Contractor's shop.
Recycling or salvage operations.
Small engine repair.
Welding services. (Ord. 52-09, 10-19-2009)
Any proposed home based businesses not specifically prohibited or that employ up to two (2) people who do not reside within the home herein shall be considered a conditional use and be granted or denied by the zoning board of adjustment upon finding that the proposed home based business can meet the provisions of this section 16-7-1. (Ord. 52-09, 10-19-2009)
The communications act of 1934, as amended by the telecommunications act of 1996 (act) grants the FCC exclusive jurisdiction over certain aspects of telecommunication services. This section 16-7-2 is intended to regulate towers, telecommunications facilities and antennas in the city in conformance with the act without prohibiting or tending to prohibit any person from providing wireless telecommunication service. (Ord. 52-09, 10-19-2009)
All terms in this section which are not specifically defined herein shall be construed in accordance with the communications act of 1934, the telecommunications act of 1996 and the rules and regulations of the FCC. As used in this section 16-7-2, the following terms shall have the following meanings:
ANSI: American National Standards Institute.
ACCESSORY FACILITY OR STRUCTURE: An accessory facility or structure serving or being used in conjunction with an antenna, and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, storage sheds or cabinets.
ANTENNA: Any exterior transmitting, reception or receiving device mounted on a tower, building or freestanding structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.
ANTENNA ARRAY: A grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single wireless telecommunication provider.
ANTENNA SUPPORT STRUCTURE: Any structure other than a communications tower which can be used for supporting an antenna or antenna array attached to a host structure which does not extend more than thirty feet (30') above the highest point of the host structure.
COMMUNICATIONS TOWER: Any ground mounted structure that is designed, constructed and used for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers.
FAA: Federal aviation administration.
FCC: Federal communications commission.
HEIGHT: When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.
SATELLITE DISH ANTENNA: An antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.
STEALTH CONSTRUCTION: Any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof mounted antennas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles, power poles and trees.
SUPPORT FACILITIES: Support buildings, boxes, cabinets or similar structures containing electrical or mechanical equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.
TELECOMMUNICATIONS: The transmission and/or reception of audio, video, data and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TOWER HEIGHT: The distance measured from the grade level at the base of the tower to the highest point on the tower, including any antenna mounted on the tower. (Ord. 52-09, 10-19-2009)
A. Nonessential Services: Wireless telecommunication towers and antennas shall be regulated pursuant to this section 16-7-2 and not regulated as essential service, public utility or private utility.
B. Exclusions: The following shall be exempted from this title:
1. Fire, police, transportation or other public service facilities owned and operated by local governments.
2. Any facilities expressly exempt from the city's siting, building, and permitting authority.
3. Over the air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer end antennas that receive and transmit fixed wireless signals that are primarily used for reception.
4. Facilities exclusively for private, noncommercial radio and television reception and private citizens bands, licensed amateur radio and other similar noncommercial telecommunications.
5. Facilities exclusively for providing unlicensed spread spectrum technologies where the facility does not require a new tower. (Ord. 52-09, 10-19-2009)
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