(A) The uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification. They shall only be permitted by the Planning Commission under the conditions specified and after public hearing.
(B) Reference to those uses falling specifically within the intent of this section is as follows.
(1) Outdoor theaters. Outdoor theaters shall be permitted in the I-1 Districts and only when the site in question is surrounded by an I-1 District. Outdoor theaters shall further comply with the following conditions.
(a) The internal design shall be approved by the Building Inspector as to drainage, lighting, screening and other technical aspects.
(b) Outdoor theaters shall abut directly upon an existing or planned major thoroughfare of not less than 120 feet of right-of-way.
(c) Ingress and egress shall be available to the theater only from a major thoroughfare of 120 feet and shall not be available from any residential street.
(d) No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(e) The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares.
(f) The proposed outdoor theater shall be subject further to the review and approval of the City Council.
(1979 Code, § 5.107)
(2) Commercial television and radio towers. Commercial television and radio towers and public utility microwaves and public utility TV transmitting towers, and their attendant facilities, shall be permitted in I-1 Districts subject to the following conditions.
(a) The proposed improvements shall be centrally located on the property and set back a minimum distance equal to the highest point of the tower with attachments from the adjoining property lines, overhead utility lines and public or private road rights-of-way.
(b) The proposed use shall require submission to, and approval by, the city of detailed engineering and technical plans for the construction and proposed use as well as detailed site plans showing all proposed improvements to the site and demonstrating adequacy of drainage, lighting, general safety, area for on-site maintenance, parking and driveways and other required details for the proposed use.
(c) The owner and operator of the facility shall preserve and maintain as much of the existing on-site grass, trees and other vegetation as possible and shall maintain appropriate grades, driveways and parking areas so as to avoid ground water run-off onto adjoining properties, mud and dust.
(d) All towers shall be installed to prevent unauthorized access. Towers shall not have steps or similar climbing devices for a minimum of eight feet above the ground.
(e) All towers must comply with all applicable federal, state and local laws, rules and regulations, including all applicable FAA and FCC regulations, the State Airport Zoning Act and the State Tall Structure Act.
(f) The use of guy wires is strictly prohibited.
(g) Commercial wind energy conversion systems are prohibited.
(Ord. 62, passed 5-16-1978; Ord. 181, passed 10-20-2009) Penalty, see § 150.999