A. The following criteria are established for each use subject to review before issuance of a special permit:
1. Communications Towers And Antenna Regulations:
a. General Description: The following described devices are subject to issuance of a special permit, except for certain described antennas serving residences which are specifically permitted by right. All placement of such defined devices is subject to the provisions contained herein. It is the intent of this section to establish minimum standards for location, siting, and regulation of communications towers and antennas in order to: 1) minimize adverse visual effects of towers through careful design, siting, and vegetative screening; 2) avoid potential damage to adjacent properties from tower failure and falling objects through engineering and careful siting of tower structures; 3) allow for reasonable location and use for communications towers and antennas; and 4) address adverse effects on human health and safety. Theses regulations shall be applied and interpreted in a nondiscriminatory manner to facilitate the development of communications services for the benefit of the citizens of the community. As specified herein, certain facilities shall require a special permit prior to installation.
b. Definitions:
ANTENNA: A device for receiving and/or transmitting electronic data or telephone communications. This definition excludes lightning rods and whip antennas which do not exceed five inches (5") in diameter.
ANTENNA ARRAY: A structure attached to a communications tower that supports one or more antennas.
AT-GRADE DISH ANTENNA: A nonwhip antenna anchored to a pedestal that is anchored to a concrete footing or a slab situated at the grade level of the lot on which it is placed; not attached to a building.
COLLOCATION: Placement of wireless communications equipment from more than one provider on a single site.
COMMUNI- CATIONS TOWER: A structure, including lattice towers, guyed towers, and monopole towers, that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and transmission towers, microwave towers, common-carrier towers, wireless telephone towers, alternative tower structures, and the like.
DISH ANTENNA: A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna, microwave dish antenna, or satellite dish antenna, and classified as a nonwhip antenna for the purpose of these regulations.
GUYED TOWER: A tower which requires the use of flexible guying cables or wires as the only or principal means of resisting the designed tower loads.
LATTICE TOWER: A self-supporting three (3) or four (4) sided, open steel frame structure, used to support telecommunications equipment.
MONOPOLE: Also known as self-supporting tower; a communications tower consisting of a single pole, with no guy wire support or exposed anchors, tapering from base to top, more than thirty five feet (35') in height, and designed to support communications equipment.
NONWHIP ANTENNA: Any antenna which is not a whip antenna, such as a dish antenna, panel antenna, etc.
PANEL ANTENNA: Also known as sector antenna; an antenna that transmits signals in specific directions, is typically square or rectangular in shape, and is classified as a nonwhip antenna for the purpose of these regulations.
ROOF AND/OR BUILDING MOUNTED FACILITY: A low power wireless communications facility in which antennas are mounted to an existing structure on the roof, including rooftop appurtenances, and a building face.
TELE- COMMUNICATIONS SERVICE: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
WHIP ANTENNA: An omnidirectional dipole antenna of cylindrical shape which is no more than six inches (6") in diameter.
c. Communications Devices Subject To A Special Permit:
(1) In General: It is the intent of this subsection to establish special permit requirements for the location of communications towers and antennas which: a) provide service for wireless telephones, b) provide for the needs of commercial broadcasters, and c) establish standards for large private communications devices serving as an accessory to a business located on the same property as the primary use. Harrah is a developing community with provision in its comprehensive plan and development regulations for all types of uses and activities. It is essential, therefore, to recognize the need for technological advances while continuing to promote public safety and protection of residential and public assets by limiting the height and location of these facilities to minimize their impact on adjacent land uses. Therefore, wireless telephone systems and commercial broadcasters are encouraged to locate communications devices on existing towers and commercial and institutional structures. Where this is not possible, these regulations establish other location requirements to serve as minimum standards for consideration during the special permit review process.
The following communications devices are permitted subject to the special permit regulations of the zoning ordinance and the specific requirements listed in this section:
(A) Communications Tower, Subject To The Following Requirements:
(i) Location Requirements: To be eligible for a special permit for construction of a communications tower, a site must be located on property that is:
(a) Classified in an agricultural, retail commercial, or industrial zoning district, or
(b) In a residential or office zoned district where there are no residential uses with a property line within three hundred feet (300') of the base of the tower, or
(c) Owned by the municipality.
(ii) Height Requirements: Communications towers shall be subject to all height limitations related to airport environs and flight safety; plus the height/setback requirements in individual zoning districts, plus the following zoning district standards, whichever are the most restrictive:
(a) Agricultural And Industrial Zoning Districts: Maximum height is subject to spacing and height requirements of this section and other applicable city codes.
(b) Retail Commercial Zoning Districts: Maximum height of one hundred twenty feet (120').
(c) All Other Zoning Districts: Maximum height of eighty feet (80').
(B) Spacing Requirements:
(i) A site for a new telecommunications tower taller than eighty feet (80') in height shall be located a minimum distance of one-half (1/2) mile from another telecommunications tower, including towers located outside the corporate limits of Harrah.
(ii) A site for a new telecommunications tower which exceeds thirty five feet (35') in height shall be located a minimum distance of one-fourth (1/4) mile from another telecommunications tower, including towers located outside the corporate limits of Newcastle.
(C) Setbacks:
(i) Except as provided in the location requirements above, all towers shall be located so as to provide a minimum distance equal to one hundred twenty five percent (125%) of the height of the tower from the tower base to the property line of a residential use.
(ii) All tower sites shall observe a minimum setback from their boundary fence to any abutting street right of way of twenty five feet (25').
(iii) All guys and guy anchors shall be located within the buildable area of the lot; not within the front, rear, or side yard setbacks; and no closer than five feet (5') to any property line.
(D) Collocation:
(i) All towers over a height of seventy feet (70') shall be designed and constructed so they may be utilized by two (2) or more wireless communications providers.
(ii) An applicant for a special permit for a new tower shall provide evidence of a good faith effort to negotiate location of his communications device on an existing tower or eligible structure and evidence that all such possibilities have been exhausted.
(E) Monopole Tower Required: All towers in residential and office zoned areas shall be of monopole construction.
(F) Fencing: A fence, not less than eight feet (8') in height from finished grade, shall be installed around the tower base with access through a locked gate.
(G) Landscaping: All tower sites shall be landscaped to minimize their visual impact. The special permit review process shall include a planning commission recommendation and city council determination that the landscaping plan is appropriate for the site. The following minimum landscaping requirements shall be met:
(i) A detailed landscaping plan shall be submitted as a part of the special permit application.
(ii) Priority should be given to sites which can be hidden within a grove of established trees. In addition, or where such a location is not possible, the site shall be landscaped as follows:
(a) Retail Commercial Zoned Areas: The required fence shall be covered with evergreen vines or shrubs.
(b) All Other Zoning Districts: Nondeciduous trees, at least six feet (6') in height, shall be planted on ten foot (10') centers on the outside of the fence on all sides of the site.
(c) Parking And Access Landscaping: In addition, the entire tower site, including parking and access drive, shall be included in the landscaping plan and improvements.
(H) Lighting Restrictions: No signals or warning lights shall be permitted on any tower unless required by a municipal, state, or federal agency.
(I) Advertising And Sign Restrictions: No commercial advertising or signage shall be allowed on any tower.
d. At-Grade Dish Antenna Or Antennas, With A Diameter Exceeding Two Meters, Subject To The Following Requirements:
(1) Location Requirements: Properties eligible for consideration for a special permit for location of these antennas shall include appropriately zoned industrial, retail commercial, office, and institutional or not-for-profit developments. Because of the lower height profile possible with these devices, municipal owned properties may also be considered suitable for location of one or more of these antennas.
(2) Height Requirements: Maximum height of equipment and antennas: ten feet (10').
(3) Setbacks:
(A) All antenna sites in this category shall observe a minimum setback of twenty five feet (25') from the site boundary fence to any abutting street right of way.
(B) No antenna site shall be located within a setback area established by plat, deed restrictions, or zoning regulations.
(4) Fencing: A fence, not less than eight feet (8') in height from finished grade, shall be installed around the antenna site with access through a locked gate. In addition, sight-proof screening as described below shall be installed and maintained.
(5) Sight-Proof Screening And Landscaping:
(A) All at-grade antennas shall be screened by an opaque fence and decorative planting so the equipment is not visible from any street or pedestrianway.
(B) In addition, the entire antenna site, including parking, shall be included in the landscaping plan for the installation, to be presented as a part of the application.
e. Antenna Or Antenna Array Located Within A Structure As An Architectural Element:
(1) Location Requirements:
(A) Properties eligible for consideration for a special permit for location of such antenna or antenna array shall include municipal owned sites and appropriately zoned industrial, retail commercial, office, and institutional developments.
(B) Antenna placement shall be within the framework of an architectural element of an existing or proposed structure, including, but not necessarily limited to, church steeple, bell tower, arch, or clock tower.
(2) Design: Consideration should be given to the ability of the applicant to integrate the design and location of the device into the design of the existing structure with the objective of rendering the device indistinguishable as an antenna.
(3) Height And Overall Size: No element of the antenna shall be extended above the height, or outside the confines, of the structure of which it is a part.
f. Communication Devices Permitted By Right:
(1) In General: The following communications devices do not require a special permit and may be installed if they meet all requirements of this subsection and chapter; provided that a building permit shall be required when there are structural modifications required for the installation of the device:
(A) Communications Devices On Lots Developed With A Residence: These are intended solely for the noncommercial use of a residential property owner, including, but not necessarily limited to, a monopole, dish antenna two meters (2 m) or less in diameter, and whip antenna. These devices shall be considered as accessory uses subject to plat and deed restrictions and the following requirements:
(i) Maximum Height:
(a) Freestanding Monopole Or Whip Antenna: The height limit of the zoning district or the plat restrictions, whichever is the lesser.
(b) Building Mounted Whip Or Dish Antenna: The height limit of the zoning district or the plat restrictions, whichever is the lesser.
(c) At-Grade Dish Antenna: Eight feet (8').
(ii) Setbacks: The communications device, and any guys and guy wires, shall be located within the buildable area of the lot as follows:
(a) No communications device shall be located in front of the main building.
(b) No communications device shall be located within the required front, side, or rear yard setbacks, and no closer than five feet (5') to any property line, whichever is greater.
(iii) Building Permit: Installation of a monopole and any at-grade antenna on a residential lot shall require a building permit. Whip and nonwhip antennas attached to a building shall not require a building permit unless there is a structural modification or alteration making the installation subject to building code requirements.
(iv) Additional Devices: No more than one such device shall be permitted on a residential property by right. Additional devices shall require application and public hearing procedures for a special permit.
(v) Subject To Additional Regulations: All devices shall be subject to all federal and state communications regulations.
(B) Installation And Replacement Of Antennas And Antenna Arrays On Existing Communications Towers, Sign Structures, And Municipal Water Towers: Subject to the following requirements: It is desirable to install additional antennas and antenna arrays on existing towers or suitable facilities rather than add new sites. Antennas and antenna arrays may be installed or replaced in all zoning districts, without further zoning or special permit proceedings, on existing utility, lighting, communications towers, and sign structures. In addition, an existing structure may be rebuilt in all zoning districts without further zoning or special permit proceedings, provided all of the following requirements are met:
(i) Construction is necessary to enable the tower to support the load of the new antennas or to replace all or part of an obsolete tower.
(ii) The rebuilt tower is substantially similar in appearance to the structure it replaces.
(iii) The only permitted height increase is the installation of a whip antenna which shall not increase the overall height of the structure by more than twenty feet (20'). Any other height addition shall require a special permit.
(iv) There is no increase in the size of the site.
(v) There is no reduction in original required landscape improvements.
(vi) There is no addition in land area, structures, ground equipment, or parking.
(vii) Regardless of special permit application requirements, any structural change or modification shall be subject to city building permit requirements. In addition, the public works director shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change, or modification conforms to structural wind load and all other requirements of applicable city codes.
(C) Placement Of Roof And/Or Building-Mounted Whip Antennas, Dish Antennas Of Two Meters Or Less In Diameter, And Other Nonwhip Antennas, On Nonresidential Structures And Multiple-Family Residential Structures, Subject To The Following:
(i) The structure on which the device is to be placed shall have a minimum height of thirty five feet (35').
(ii) A nonwhip antenna shall not exceed the height of the building by more than ten feet (10') and shall not intrude into any required building setback area.
(iii) A whip antenna shall not exceed the height of the building by more than twenty feet (20') and shall be located no closer than five feet (5') to the perimeter of the building.
(iv) Regardless of special permit application requirements, any structural change or modification shall be subject to city building permit requirements. In addition, the public works director shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change, or modification conforms to structural wind load and all other requirements of applicable city codes.
g. Inspection, Removal, And Identification:
(1) Inspection Requirements:
(A) The tower owner shall inspect the tower at least once every thirty six (36) months for compliance with all applicable federal communications commission and federal aviation administration regulations and provide a summary report to the public works director.
(B) Compliance records shall be kept by the owners of all communications devices except residential accessory antennas and made available upon request to the city manager, or the manager's designee, during regular business hours.
(C) Any notice of violation shall be provided to the city manager within seven (7) days of receipt by the tower owner.
(D) The city may, at its discretion or by complaint, inspect any communications device within its jurisdiction; require an inspection if there is visible damage to a tower or antenna that appears to be significant; or, when an inspection has been conducted, significant questions remain about the structural integrity of the tower or antenna.
(2) Removal Of Structurally Unsafe Or Unused Towers And Antennas:
(A) Failure to maintain and operate a tower or antenna in compliance with all rules and regulations of local, state, and federal jurisdictions shall be grounds for declaration of the structure as a nuisance by the city.
(B) Any tower or antenna that is no longer used and maintained as a communications device for a period of thirty six (36) months, or which has no current required licenses, shall be subject to declaration as a nuisance by the city and removed by the owner.
(3) Identification Signs Required: Appropriate signs shall be posted at all communications sites requiring security fencing to indicate that trespassing and/or vandalism to the property may be punishable under local, state, or federal statutes.
2. Flea Markets/Swap Meets - Outdoors:
a. Eligible in C-3.
b. Compliance with code provisions.
(1) All mechanical systems, occupancy load computations, eating establishments, plumbing and other pertinent systems or components shall comply with those requirements for mercantile operations as found in the latest edition of the BOCA, as adopted within this code.
(2) All electrical systems or components shall comply with those requirements for operation as found in the latest edition (or as it may be amended) of the BOCA, as adopted within this code.
(3) Parking shall comply with all requirements as found in article D of this chapter.
(4) All disposal of trash and refuse shall comply with all requirements as found in this code.
3. Commercial And Personal Storage:
a. Eligible in C-2 and C-3.
b. The site shall front or have access to a street meeting minimum design standards for at least a collector street.
c. Individual units shall not exceed eight hundred (800) square feet in floor area.
d. No wholesale or retail sales shall be permitted from the units.
e. No outside storage shall be permitted.
f. Lights shall not be located closer than twenty feet (20') to any property line that adjoins a residential district or use and all lighting shall be directed so there will be no annoying glare directed or reflected toward adjoining property.
g. No maintenance, repair, or mechanical work shall be permitted. (Ord. 2001-2, 2-1-2001)
4. Hardship Permits For Mobile Homes: Temporary hardship permit for mobile home to allow proper care of a relative due to medical conditions in accordance with the following: (Ord. 1991-11, 8-1-1991)
a. Eligible in A-1 general agricultural district, A-2 suburban district, R-1B single-family dwelling or mobile home district or R-2C mobile home district. (Ord. 1998-2, 2-19-1998)
b. Minimum lot size of two and one-half (21/2) acres.
c. The permit must be reviewed annually by the city planning commission.
d. A physician's statement concerning the medical condition of the person(s) to be cared for must be submitted. The permit shall not be granted unless the physician's statement states that a medical hardship exists caused by physical condition, such as age or infirmity, or by mental condition of the principal.
e. Only one mobile home shall be allowed accessory to a permanent residential structure.
f. The location of such mobile home shall conform to all lot area, setback, height and off-street parking requirements of the district in which located.
g. The proposed mobile home installation shall meet all state and city-county health department standards and regulations.
h. The permit will automatically expire when the hardship for which the permit is granted is terminated. When the permit terminates, the owner shall have sixty (60) days to remove the mobile home from the property.
i. The principal for whom the use is requested shall be a family member or legal guardian.
j. The extenuating conditions shall not be caused by the applicant.
k. The planning commission or city council may include additional conditions as it considers necessary to include, but not be limited to, extraordinary setbacks, landscaping and installation of utilities.
l. The applicant, or any property owner of record within three hundred feet (300'), may appeal a decision of the planning commission to the city council, if such appeal is filed in writing with the office of the city clerk within fifteen (15) calendar days of the decision of the planning commission.
m. The decision of the city council is final. (Ord. 1991-11, 8-1-1991)
5. Animal feeding operation, or concentrated animal feeding operation, feedyard as defined by state statutes.
a. Eligible in I-3.
b. Shall meet all standards of the state of Oklahoma department of agriculture and the standards contained in this zoning ordinance. Wherever there is a conflict in requirements, the more restrictive shall be applied.
c. When the operation contains four thousand (4,000) or more animal units as defined by state regulations, no part of the operation shall be located within three-fourths (3/4) mile of a dwelling.
d. When the operation contains less than four thousand (4,000) animal units as defined by state regulations, no part of the operation shall be located within one-half (1/2) mile of a dwelling.
e. If the operation is not large enough to require state review and licensing, the operator shall provide the city with detailed plans concerning, but not necessarily limited to, the following1
(1) Maximum number and type of animals to be kept.
(2) Detailed drainage and waste disposal plans.
(3) Affidavit of a licensed surveyor that no dwelling exists within one-half (1/2) mile of the boundaries of the operation. (Ord. 1997-13, 9-4-1997)