(A) Authorized special exceptions.
(1) Attached carports in required yards in “R-1,” “R-2,” “R-3,” “R-T” and “R-D.”
(a) The City Manager or his or her designated representative shall determine that the proposed attached carport is compatible with the existing home and other homes in the neighborhood.
(b) The City Manager or his or her designated representative shall determine that the proposed encroachments are the minimum allowed in order to construct the proposed carport. Finished carport area shall not exceed 24 feet in width by 25 feet in length.
(c) The City Manager or his or her designated representative shall determine that the proposed carport will not drain water onto adjacent property and that adequate separation from existing structures is maintained for fire protection.
(d) The City Manager or his or her designated representative will determine whether there are substantial objections to the construction of the carport by property owners in the notification area. The staff will mail notice of the proposed carport to every property owner within the notification area.
(e) Carports allowed as special exceptions shall be used only to park motor vehicles, boats, recreational vehicles, and trailers. The carport shall remain open on 3 sides and shall not be allowed to be enclosed. No storage is allowed under carport.
(f) In the event a property owner within the notification area of the proposed special exception objects to the request, the person opposing must submit a petition with signatures of 35% of the property owners within the notification area showing their disapproval. The petition must be returned within 14 days from the date of a notification letter, and the notification must inform each property owner of the procedure and time limits for protest. Upon verification of signatures, and that a minimum of 35% of the property owners do object to the carport, a public hearing will be scheduled. The staff will mail notice of the public hearing and meeting of the Board to every property owner within the notification area at least 10 days prior to the meeting date. Notice of the hearing will also be published in the newspaper of record at least 10 days prior to the meeting. The concurring vote of 75% of the members of the Board will be required to grant the special exception.
(g) The staff shall mail notice of the public hearing and meeting of the Board to every property owner within the notification area at least 10 days prior to the meeting date. Notice of the meeting shall also be published in the newspaper of record at least 10 days prior to the meeting.
(h) The staff shall mail notice of the public hearing and meeting of the Board to every property owner within the notification area at least 10 days prior to the meeting date. Notice of the meeting shall also be published in the newspaper of record at least 10 days prior to the meeting. The notification area shall include those properties within 200 feet of the property for which a special exception is requested on the same side of the street and across the street therefrom.
(i) If less than 35% of the property owners within the notification area object to the application for a special exception for erection of a carport, then the request shall be deemed to be granted without need of a public hearing by the Board. The City Manager or his or her designated representative shall issue to the applicant appropriate documentation showing the grant of the special exception. Such documentation and grant may contain restrictions, use limitations, building requirements and other matters determined to be appropriate and/or necessary to meet the terms of this section.
(2) Antenna facilities. In considering whether to grant a special exception from the regulations specified in § 154.049, the Board of Adjustment shall consider the following:
(a) The effect on the value of the surrounding property;
(b) The potential for interference with the enjoyment of the use of surrounding properties;
(c) Aesthetics;
(d) The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental purposes;
(e) The zoning district and the adjoining zoning districts of the property for which the special exception is sought;
(f) The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
1. Have a clearly defined health, safety or aesthetic objective; and
2. Furthers the stated health, safety or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.
3. The unique conditions that govern reasonable reception on any given lot.
4. To properly evaluate all applications to locate antennas or towers which do not comply with the regulations specified herein above the following information must be provided by the applicant.
5. Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.
6. Provide photos or drawings of all equipment, structures and antenna.
7. Describe why the antenna or tower is necessary.
8. State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.
9. Indicate if this antenna or tower site be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider.
10. The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of these existing sites. If yes, describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators that confirm the statements provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not.
11. Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.
12. If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Identify the location of these commercial and or industrial district sites. Describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites owners and/or operators which confirm the statements provided.
13. Indicate the proposed provider’s current coverage area for the city. Attach maps showing the areas the proposed providers existing antenna currently cover, the areas the applicant’s existing sites and other existing sites would cover, and the areas the applicant’s existing sites and the requested site would cover.
14. Describe the applicant’s master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan.
15. Describe the applicant’s plan to minimize the number of telecommunications antenna and towers needed to cover the city.
(Ord. O-12-743, passed 12-3-2012)