CHAPTER 5 USE STANDARDS

A. General Description: Accessory structures and uses are permitted in any zoning district in connection with a corresponding principal building or use which is permitted, and which:

1. Are subordinate in area, extent, or purpose to the principal building served;

2. Contribute to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or use served; and

3. Are located on the same site as the principal building or use served, except as provided in section 11-13-1 of this title for off street parking.

B. Permitted Uses: Accessory structures and uses include, but are not necessarily limited to, the following:

1. Yard Accouterments: Yard accouterments such as statuary, trellises, flagpoles, children's play facilities, dog houses, outdoor clotheslines, fences, walls, and hedges subject to the requirements listed below:

a. Front Yard Fences: Defined as a fence located within the required front yard setback area for all structures, or in front of the front wall of the main building on the site. It shall be considered as a structure and shall be subject to the regulations of the Building Code.

(1) A permit shall be required.

(2) Shall be a decorative type fence that is see through and does not exceed four feet (4') in height. Decorative wrought iron fences are not to exceed six feet (6') in height.

(3) Only picket, split rail, chainlink, or decorative wrought iron (or galvanized steel, aluminum, or similar material having the appearance of) shall be permitted. Maximum width of pickets shall be two and one-half inches (21/2") and minimum separation of pickets shall be two and one-half inches (21/2").

(4) Spiked caps or spears shall not be used on pickets under five and one-half feet (51/2') in height.

(5) Retaining walls may be allowed to solve drainage or topographical problems.

(6) Barbed, hog or chicken wire, or electric strand(s) fences shall not be allowed except in Agricultural or Industrial Zoning Districts. Collar activated, electronic pet containment systems are allowed.

(7) No front yard fence shall be erected within twenty five feet (25') of the intersection of right-of-way lines of any public or private street.

(8) A front yard fence or a front yard fence with a hedge or similar vegetation shall not cause a view obstruction for any private driveway and shall not in any case be erected within twelve feet (12') of the intersection of any private driveway and the pavement edge or maintained portion of a public or private street.

(9) Shall not obstruct any public walkway even if said public walkway is on private property.

(10) Shall be kept in good repair, and in a safe and sanitary condition at all times by the property owner.

(11) Regardless of these fence regulations, the property owner is advised there may be more restrictive privately enforced regulations, such as plat restrictions, declarations of covenants, and restrictions relating to architectural controls, deed restrictions, or platted setback lines that may further limit the construction of a fence on a parcel.

b. Side And Rear Yard Fences: Defined as a fence located behind the front wall of the main building on the site.

(1) No such fence shall be constructed of sheet metal, garage door panels, plywood sheets, or other material not commonly used for fencing.

(2) No such fence shall exceed eight feet (8') in height.

2. Adult Entertainment Use: "Adult entertainment uses" such as those uses directed at adults and containing sexually explicit acts, nudity, suggestive acts, or uses related to adult books, audio or videos, as defined in section 11-2-2 of this title, shall meet the following requirements and are subject to a special use permit as described in section 11-17-4 of this title:

a. "Adult entertainment uses" as specified hereinabove and defined in section 11-2-2 of this title shall be permitted to locate only in the C-2 zoning district as a special use.

b. No such zoning shall be granted for any proposed location which is within a one thousand two hundred foot (1,200') radius of any other "adult entertainment uses" as defined in section 11-2-2 of this title.

c. No adult entertainment use shall be allowed to locate within a five hundred foot (500') radius of any church, public or private school (type which offers a compulsory education curriculum) or public or private park. Nor shall any adult entertainment uses be allowed to locate within five hundred feet (500') of any area zoned for residential use.

d. All distances required to be met pursuant to the terms of this section shall begin at the property line of the proposed use and are measured to the nearest property line of the public or private lot, school, park, church, residentially zoned lot, or adult entertainment use within the proscribed distance, if any.

3. Bed And Breakfast Homes: "Bed and breakfast homes" such as those residential homes that provide for a fee, rooms and food, on a temporary basis, to a clientele whose principal place of residence is elsewhere, as defined in section 11-2-2 of this title, are subject to a special use permit as described in section 11-17-4 of this title, and are subject to the following requirements:

a. The host family must be the owner(s) of the dwelling proposed to be used as the bed and breakfast facility. Any permit granted pursuant to such and application for a special use permit shall expire when the applicants cease to be the owner(s) or resident(s) of the dwelling.

b. The host family must reside in the principal structure, and persons employed other than members of the host family shall be disclosed by the applicant and shall be considered in the course of consideration of the special use permit application.

c. The home must be developed, maintained, and operated so that the building, yard, drive, and street have the appearance and character of a single-family dwelling and does not detract from adjacent properties.

d. The bed and breakfast home must have no more than five (5) guest bedrooms or host more than ten (10) overnight guests at one time.

e. The location of guest bedrooms in the principal or accessory structures is subject to the review given the special use permit.

f. One off street parking space for each guest bedroom is required. The planning commission may, upon appeal, waive such additional required parking when it is determined that sufficient parking exists within the neighborhood.

g. One nonilluminated sign, not more than four (4) square feet in area, shall be allowed. Its color, text and location shall be identified on the permit application. The words "hotel" or "motel" shall not be allowed.

h. Guests only may be provided a morning meal by the host, but no other meal may be served and no cooking shall be permitted in guest bedrooms.

i. Bed and breakfast homes must meet all building, electric, plumbing, fire and health codes of the city and appropriate agencies.

j. A site plan, as described in section 11-17-3 of this title, shall be submitted with the application, indicating the location of the principal and accessory structures, guestrooms, parking and signage. (Ord. 5916, 8-9-1999)

4. Communication Towers And Antennas: See section 11-5-2 of this chapter for regulations for the siting of wireless communication towers and antennas. (2003 Code)

5. Detached Garages, Carports, And Storage Buildings: Detached garages, carports, and storage buildings; provided, that any storage of any equipment or materials is clearly in keeping with the principal use of the property, and provided that a permit, if applicable, is obtained from the building official pursuant to the requirements of section 11-17-1 of this title. (Ord. 5916, 8-9-1999)

6. Carports: Carports are permitted to be added to or attached to an existing residential structure subject to the following conditions and requirements:

a. Building permit required.

b. All carports shall be located only over an existing paved driveway.

c. All carports shall be kept in an attractive state and in good repair, and in a safe and sanitary condition.

d. No carport shall be used for the storage of materials, equipment and goods, or the parking and/or storage of inoperable vehicles.

e. No carport shall be enclosed at any time or the building permit shall be revoked and the owner cited for noncompliance with these regulations.

f. All carports shall be constructed, erected, or installed to conform with the structural requirements of the city's building code, as amended, and shall have an architectural design and appearance compatible with the primary building on the property. Design and appearance elements may include, but are not limited to, roof type and pitch, colors, structural design, texture, and materials.

g. Metal carports shall at a minimum be constructed of 26-gauge steel or 0.25 aluminum decking with a baked on enamel finish compatible with the exterior finish of the structure. Poles supporting the carport shall be at a minimum wrought iron or metal material compatible with the exterior finish of the structure. The poles shall be placed in concrete footings at least twelve inches (12") in depth. Exposed eaves shall have rain guttering directing water flow to the street and away from adjacent properties.

h. No carport in conjunction with a single-family or two-family dwelling shall exceed twelve feet (12') in width for a single- family garage and/or driveway and shall not exceed twenty four feet (24') in width for a double garage and/or driveway. Under no circumstances shall a carport used in conjunction with a single- family or two-family dwelling exceed twenty four feet (24') in width. All width measurements shall be from eaves line to eaves line. No more than one carport shall be permitted for each dwelling unit.

i. All carports will remain permanently open on at least three (3) sides from the grade surface to eaves line. All carports which extend into the required front yard setback shall be permanently open on all sides from grade surface to eaves line.

j. No carport which extends into the required front yard setback will be permitted closer than five feet (5') from the front property line, and at no time shall a carport violate a sight triangle.

k. Regardless of these regulations, the property owner is advised there may be more restrictive privately enforced regulations such as plat restriction, declarations of covenants and restrictions relating to architectural controls, deed restrictions, or platted setback lines that may further limit the construction of a carport on a parcel.

l. Where a lawfully existing carport exists at the effective date hereof that could not be constructed for any reason under the terms of this subsection B6, such carport may continue to exist so long as it remains otherwise lawful, subject to the restrictions concerning nonconforming uses as set forth in section 11-14-2 of this title. (Ord. 6093, 2-23-2009, eff. 3-1-2009)

7. Detached Barn; Outbuildings: Detached barn and other farm outbuildings not intended for human habitation, incidental to any permitted residential use only in the RA or A districts, and provided that a permit, if applicable, is obtained from the building official pursuant to the requirements of section 11-17-1 of this title.

8. Detached Guesthouse: Detached guesthouse without kitchen facilities, provided that a permit is obtained from the building official pursuant to the requirements of section 11-17-1 of this title, and provided further that such accessory building is:

a. Incidental to a permitted residential use only in the R-1 or A district; and

b. Used only for the occasional housing of guests of the occupants of the principal building, and not as rental units for permanent household occupancy.

9. Private Swimming Pools And Bathhouses: Private swimming pools and bathhouses incidental to a permitted residential use; provided, that a permit is obtained from the building official pursuant to the requirements of section 11-17-1 of this title, and subject to the following conditions:

a. The yard containing such uses shall be enclosed with a fence at least five feet (5') in height having no opening or space greater than six inches (6"), and be equipped with spring or automatic closing and latching gates with the latch being located at the top of the fence; and

b. The fencing may not include, nor be constructed in such a manner so as to allow, openings from any living unit into any such area other than single-family.

10. Detached Emergency Shelter: "Detached emergency shelter" as defined in section 11-2-2 of this title; provided, that a permit is obtained from the building official pursuant to the requirements of section 11-17-1 of this title and subject to the condition that no such shelter shall be located in a provided front or exterior side yard unless it is not physically feasible to install elsewhere on the property, in which case no part of the shelter shall exceed eighteen inches (18") in height above ground level.

11. Detached Solar Collector: "Detached solar collector" as defined in section 11-2-2 of this title; provided, that a permit is obtained from the building official pursuant to the requirements of section 11-17-1 of this title, subject to the following conditions:

a. No part of such device shall be located in any required front or side yard;

b. If located within the buildable area in a front or side yard, the structure shall have an exterior appearance that is compatible with that of the principal building.

12. Satellite TV Dish Antennas: "Satellite TV dish antennas" as defined in section 11-2-2 of this title; provided, that a permit is obtained from the building official pursuant to the requirements of section 11-17-1 of this title, and subject to the following conditions:

a. No part of such device shall be located in any required front or side yard; and

b. If larger than four feet (4') in diameter and located within the buildable area in a front or side yard, the antenna shall be enclosed with a visual barrier of at least six feet (6') in height.

13. Amateur Radio Antennas: Amateur radio antennas not attached to, or part of, a building, subject to the following conditions:

a. No part of such device shall be located in any required front or side yard;

b. All structural elements shall be designed and installed to withstand wind velocities in accordance with the applicable building codes and FCC regulations;

c. All guywires and anchors shall be located within the setbacks prescribed in this section for accessory structures; and

d. No radio or telecommunication frequency interferences may be caused beyond the boundaries of the property in which the antenna is located. (Ord. 5916, 8-9-1999)

14. Wind Energy Conversion System (WECS): "Wind energy conversion system" as defined in section 11-2-2 of this title; provided that a special use permit has been granted by the city on property classified in this title as industrial and otherwise in accordance with the requirements of section 11-17-4 of this title, and subject to the following conditions:

a. Accessory Structure: Only one WECS shall be permitted on any individual property, intended solely to serve the principal use located on said property. Multiple structures, grouping of, or "wind farms" are not permitted within the city limits.

b. Code Compliance: The construction, operation, maintenance, repair, modification and removal of any WECS shall be in strict compliance with all current and future applicable technical, safety, and safety related codes adopted by the city of Ponca City, the state of Oklahoma, and the United States. These codes include, but are not limited to, construction, building, electrical, fire, safety, health, and land use. All WECS installations shall be in strict compliance with both the NEC and NESC code so as to eliminate any possibility of a backfeed to the electrical utility system, should it become deenergized for any reason.

c. Wind Load: All structural elements of a WECS shall meet or exceed a designated wind load velocity of one hundred twenty (120) miles per hour and all WECSs shall be equipped with manual and automatic overspeed controls.

d. Safety: All WECSs and their appurtenant structures shall generally be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all WECSs and other supporting structures, including guywires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed on or be collided with.

e. Blade Arc: The lowest point of the rotor blade arcs of a WECS shall be a minimum of fifteen feet (15') above the ground. The lowest point for a mini WECS shall be ten feet (10').

f. Height: The maximum height of any WECS structure, as measured from the base thereof to its highest point, to include height added by any blade in a vertical position, shall be limited to one hundred fifty feet (150') or the maximum height permitted within the airport overlay district, whichever is less. The structure shall be lighted in accordance with FAA standards.

g. Setbacks: The WECS structure as measured from the base thereof to its highest point, including height added by any blade in a vertical position, shall be set back from any occupied building, property line, public road, and third party transmission lines or communication towers, a distance of one hundred twenty percent (120%) of its total height.

h. Prohibited Location: No part of a WECS, including guywires, shall be located within or over any drainage, utility, or other dedicated easement, right of way, or minimum required setback line.

i. Sign: At least one sign shall be posted at the base of the WECS structure and shall contain at a minimum, a warning of high voltage, an emergency telephone number and emergency shutdown procedures. This provision does not apply to mini WECS.

j. Roof Location: WECS structures may be located upon the roof of a building only when the city is presented with evidence submitted by a registered structural engineer stating that the building will support the weight and wind loading pressures of the WECS structure and all guywires supporting the WECS structure will have their anchor points within the confines of the roof on which the WECS structure is located.

k. Mini WECS: Mini WECS may be permitted in any zoning district, provided the installation, location and operation of such devices are in compliance with these conditions as well as the bulk standards contained in subsection D of this section.

l. Environment Issues: Audible noise from an operating WECS shall not exceed fifty five (55) decibels, as measured at the nearest property line on which the WECS structure is located. The location of a WECS shall not introduce the phenomenon referred to as "shadow flickering" to any nearby residential neighborhoods. The operation of a WECS shall not create interference, disruption, or loss of radio, telephone, or television signals to those living or working nearby. Failure of the owner/operator to remedy any environmental issues upon written notice by the city shall constitute a nuisance.

m. Nuisance Abatement: Upon abandonment of any WECS, or if its operational condition poses a potential safety hazard or otherwise in violation of any local, state, or federal regulation, the owner/operator shall immediately take action to remedy the situation. The city reserves the authority to abate any hazardous situation by revoking the permit and removing the structure. If the city determines that the WECS poses a safety hazard or has not been operational for a continuous period of six (6) months, it shall be considered a nuisance and upon written notice, shall be removed by the owner/operator. Should the city be required to remove the WECS, the cost of removal shall be the responsibility of the owner/operator and the city will seek any legal means available to recover such costs. (Ord. 6181, 9-9-2013)

15. Home Occupations: "Home occupation" as defined in section 11-2-2 of this title in residential districts are permitted, provided they do not detract from the residential character, appearance, or makeup of the neighborhood in which the home occupation is located. Applicants for a home occupation must complete an application which may be obtained in the city planning department. Home occupations which rely upon attraction of the general public (e.g., retail sales) are not permitted. Retail sales may not be conducted on the premises; however products for sale may be mailed to customers or carried to another location at which site they may be sold to customers. Ideally, a home occupation is an office occupation in which customer contact is nonexistent, such as taking orders or information over the telephone and shipping products or information to customers remotely located from the site of the home occupation. A home occupation is not intended to take the place of commercial space located elsewhere in the community which is zoned for intensive commercial and retail activities. Owners of home occupations must be very cautious about how they operate their home occupation to ensure they do not adversely impact the surrounding neighborhood. The following factors define a legal home occupation and shall be used to determine if a home occupation is violating this title:

a. Extent Of Home Occupation: Whether or not the residential use is still the primary use of the property. Factors that shall be used to determine the primary use of the property shall include, but are not limited to, the area of the property used for the home occupation and the amount of time the home occupation is operated on a daily basis. The following criteria are established for a legitimate home occupation:

(1) Home occupations shall be carried on by a member of the family residing on the premises.

(2) No person other than a member of the immediate family residing on the premises shall be employed.

(3) No retail sales of products is allowed on the premises to customers visiting the premises.

(4) No mechanical equipment is used which creates a disturbance such as noise, dust, odor, or electrical disturbance.

(5) No merchandise or goods shall be displayed, stockpiled, or stored outside the dwelling or inside the dwelling in such a manner as to be visible from outside the home.

(6) The home occupation shall not occupy more than thirty five percent (35%) of the gross combined floor area of the main and all accessory buildings.

(7) The home occupation shall be incidental and secondary to residential use of the dwelling.

(8) It is the intent of the home occupation provision that no more than two (2) customers/clients/students be at the site of the occupation at any one time.

(9) The term "home occupation" shall not be interpreted to include any of the following uses:

(A) Commercial stable or kennels.

(B) Metalworking, machine shops, or cabinetmaking.

(D) Automobile repair, automobile body repair, or automobile painting.

(E) Salvage of any type.

(F) Retail sales of products on the premises to customers on the premises.

(G) Offices of doctors, physicians, chiropractors, nurses.

b. Appearance From Adjacent Street: Whether or not the use of the property as a home occupation is distinguishable from an adjacent street. Except for a nonilluminated, permanent identification sign, no larger than two (2) square feet in size, attached to the principal structure, there shall be nothing that occurs on the property that can be observed from adjacent streets that makes it readily apparent that a home occupation is being operated on the premises. Factors for evaluating this standard shall be that the residential dwelling not be altered to change its residential appearance, and no activity related to the conduct of the home occupation shall be permitted to occur in such a manner as to be obtrusive to the neighborhood, attract attention to the home occupation or adversely impact the residential character of the neighborhood.

c. Impact On Neighborhood: Whether or not the home occupation activity is causing a nuisance to surrounding property owners; is adversely impacting the peace, health, or safety of neighborhood residents; and/or is causing a deviation from the residential character of the neighborhood. Factors for evaluating this standard shall be:

(1) Traffic: Whether or not the home occupation is generating traffic that is excessive and/or detrimental to the neighborhood. A home occupation will be allowed to generate no greater than ten (10) vehicle trips per day.

(2) Parking: Whether or not parking problems are resulting from the home occupation use. Factors which shall be used to evaluate this criteria include, but are not limited to, the following:

(A) The home occupation shall accommodate parking associated with their occupation on the property on which the home is located;

(B) Parking on the property shall be on a surface equal to the paving surface of any existing driveway (asphalt or concrete) unless there is no surface other than the ground, in which case a gravel surface shall be provided; and

(C) Parking on the street may go beyond the property boundaries to accommodate special gatherings, or for the drop off or pick up of customers, or products not to exceed fifteen (15) minutes in duration.

(3) Nuisance: Whether or not the home occupation activity is causing a nuisance to surrounding property owners or is deviating from the residential character or appearance of the neighborhood. Existing property maintenance codes, fire codes, building codes, environmental and safety codes, etc., shall be the primary basis for establishing a nuisance.

A violation of any one of these criteria, may cause the code official to terminate the use described as a home occupation, and in such case the use shall cease upon notification by the code official.

16. Family Daycare Homes: "Family daycare homes", as defined in section 11-2-2 of this title (7 or less children), and provided for in subsection 11-5-6A of this chapter, incidental to any single-family residential use; provided, that such accessory use:

a. Complies with all rules, regulations, and licensing requirements adopted by the state of Oklahoma through its department of human services; and

b. Be so developed, maintained, and operated that the building and yards have the appearance and character of a single-family dwelling, and do not detract from abutting single-family dwelling properties. (Ord. 5916, 8-9-1999)

17. Parking Of Motor Vehicles Incidental To Residential Uses: Parking and storage of motor vehicles incidental to residential uses, if the parking area is inside a garage or carport, or outside in the side or rear yard. Outside parking in the front yard is permitted with the following requirements:

a. The motor vehicle is parked on a hard surfaced area consisting of concrete, asphalt, or pavers that is on or adjacent and contiguous to a driveway. Provisions of subsection 11-14-1F2 of this title (maximum impervious surface), must also be met. This provision shall not apply to lots that are legally nonconforming, as determined by the building official or his designee.

b. No part of the motor vehicle extends into the public right of way, which shall include any portion of a sidewalk.

c. No required sight triangle is encroached upon.

d. The motor vehicle is parked perpendicular to the street.

e. It shall otherwise be unlawful and an offense for any person to park or store, or any property owner to permit any person to park or store, any motor vehicle on grass, dirt, or similar unpaved surface located in the front yard of any residence.

18. Parking And Storage Of Recreational Vehicles: Parking and storage of recreational vehicles incidental to residential uses, if the parking area is inside a garage or carport, or outside in the side yard or rear yard. Outside parking in the front yard is permitted with the following requirements:

a. The recreational vehicle is parked on a hard surfaced area consisting of concrete, asphalt, or pavers that is on or adjacent and contiguous to a driveway. Provisions of subsection 11-14-1F2 of this title (maximum impervious surface), must also be met. This provision shall not apply to lots that are legally nonconforming, as determined by the building official or his designee.

b. No part of the recreational vehicle extends to within twelve feet (12') of the curb or edge of pavement, nor over any portion of a sidewalk.

c. No required sight triangle is encroached upon.

d. The recreational vehicle is parked perpendicular to the street.

e. At no time shall a recreational vehicle be used for dwelling purposes unless located within a trailer court or campground zoned and legally used as such. Temporary electrical connection to a residence may be permitted only for charging batteries to prepare said vehicle for use.

f. No recreational vehicle shall discharge any litter, sewage, effluent or other matter, except into sanitary facilities designed to dispose of such materials.

g. At no time shall said vehicle be used for storage of goods, materials, or equipment other than those items considered being a part of the unit or essential for its immediate use.

h. It shall otherwise be unlawful and an offense for any person to park or store, or any property owner to permit any person to park or store, any recreational vehicle on grass, dirt, or similar unpaved surface located in the front yard of any residence. (Ord. 6199, 2-9-2015)

19. Auto And Truck Rental: Rental of autos, utility trailers and single axle trucks incidental to an automobile service station, provided that a paved and landscaped area for such accessory use is provided in addition to the service driveway and required off street parking.

20. Gasoline Sales; Convenience Grocery Stores: Sale of gasoline incidental to convenience grocery stores; provided, that the service drives are in addition to the driving isles serving the required off street parking spaces; and provided, that all pump islands and canopy support structures are within the required building setbacks of the applicable zoning district. Pump island canopies may project into a required yard as permitted by subsection 11-14-1B3 of this title.

21. Restaurants; Gift Shops: Restaurants, drugstores, gift shops, clubs, newsstands, travel bureaus, and ticket agencies when located in a permitted hotel, motel, or transportation depot.

22. Employee Restaurants And Cafeterias: Employee restaurants and cafeterias when located in a permitted business or industrial building.

23. Caretaker Living Quarters: Living quarters for caretaker or watchman and immediate family in a nonresidential structure or detached dwelling incidental to a nonresidential use on the same premises.

24. Signs: Signs in accordance with the provisions of chapter 12 of this title.

25. Off Street Parking And Loading: Off street parking and loading in accordance with the provisions of chapter 13 of this title.

26. Sidewalk Café. “Sidewalk Cafes”, as defined in section 11-2-2 of this title are permitted in the Central Business District as an accessory use to the eating and drinking establishments use category under the following conditions:

a. A Special Use Permit is approved in accordance with section 11-17-4 of this title, which permit shall be particularly reviewed for conformance to the policies and safeguards established by this section. The applicant shall provide documentation of support from the Ponca City Main Street Board of Directors and at a minimum, two (2) letters of support from property owners or business owners on the same block.

b. No person shall establish, install, operate or maintain a Sidewalk Café without first obtaining a permit from the City of Ponca City. Any permit issued for the establishment of a Sidewalk Café shall be revocable by the City at will. The issuance of a Permit does not create a property right in the Permit Holder beyond what is specified in this section. A Permit is temporary in nature and can be revoked by the City for any reason.

c. Sidewalk Cafes must be located adjacent to an operating eating and/or drinking establishment and cannot operate as a stand-alone business.

d. The sidewalk to be occupied by a Sidewalk Café shall be a minimum width of ten (10) feet, with a minimum of four (4) feet in width maintained at all times for pedestrian travel.

e. A Sidewalk Café shall not block access to any above-ground or surface-mounted utility facilities, including, but not limited to, manholes, sewer grates, storm drains, gas meters, valve boxes, electric meters, signal boxes, or other fixtures and appurtenances necessary for the operation of a utility system.

f. Cooking, preparation and display of food or beverages within a Sidewalk Café is not permitted. This does not prohibit the use of a wait staff to serve customers.

g. Sidewalk Cafes may be utilized year-round, but must be kept clean and clear of all leaves, snow, ice, trash, and debris.

h. Heating or cooling devices are permitted but must not encroach upon the street or adjacent property.

i. Free-standing umbrellas are permitted above the sidewalk if the opened portion of the umbrella is located at least eight (8) feet above sidewalk grade.

j. The use of speakers or other amplified sound equipment is prohibited within the established confines of a Sidewalk Café.

k. The sale and consumption of Alcoholic beverages is permitted as regulated by local ordinance, State law, and the regulations of the Alcoholic Beverage Laws Enforcement Commission (ABLE Commission).

l. A Sidewalk Café shall comply with the Americans with Disabilities Act of 1990, as amended (“ADA”) as well as the ADA accessibility requirements set forth in the Manual.

m. The applicant shall provide and maintain a certificate of insurance evidencing current insurance general liability coverage with policy limits of not less than One Million Dollars ($1,000,000.00) of coverage per occurrence, covering claims for bodily injury, death, or property damage, including claims related to the Sidewalk Café area and the operation and use thereof, provided by an insurer authorized to transact insurance business in Oklahoma. The City of Ponca City shall be named as an additional insured. Each required insurance policy shall provide by endorsement that thirty (30) days’ prior written notice of cancellation shall be delivered by the insurer to the City Clerk, except that ten (10) days written notice of cancellation shall be provided by the insurer due to non-payment of premium. Permit holders shall furnish a replacement Certificate of Insurance to the City Clerk when any required insurance policy expires or is canceled, so that insurance coverage is continuous. All Certificates of Insurance forms submitted must be approved by the City Attorney. Failure by the permit holder to maintain the required insurance coverage is a violation of the conditions of approval of the Sidewalk Café permit and may result in consequences up to and including revocation of the permit.

27. Parklet. “Parklets”, as defined in section 11-2-2 of this title are permitted in the Central Business District as an accessory use to the eating and/or drinking establishments use category under the following conditions:

b. No person shall construct, install, operate or maintain a parklet without first obtaining a permit from the City of Ponca City. Any permit issued for the construction of a Parklet shall be revocable by the City at will. The issuance of a Permit does not create a property right in the Permit Holder beyond what is specified in this section. A Permit is temporary in nature and can be revoked by the City for any reason.

c. Parklets must be located adjacent to an operating eating and/or drinking establishment and cannot operate as a stand-alone business.

d. The applicant is required to submit sealed and stamped drawings and plans for the Parklet from an engineer or architect licensed in the State of Oklahoma. Compliance with all technical standards, including, but not limited to, structural integrity, design requirements imposed by this chapter or the manual, ADA compliance, and stormwater requirements are the responsibility of the design professional.

e. The Parklet platform must be designed and constructed so that the Parklet becomes an extension of the sidewalk. A maximum horizontal gap of one-half (½) inch is permitted between the sidewalk and the parklet platform. A Parklet must allow for two (2) feet of space between the outside edge of the Parklet and any adjacent angled parking space. The outer edge of a Parklet, being the street-side edge, must be set back a minimum of twelve (12) inches from the travel lane. The parklet platform must be designed and constructed to support one hundred (100) pounds per square foot. The Parklet platform cannot exceed a two percent (2%) cross-slope. The Parklet platform and frame must be designed to allow rainwater to flow along the curb without obstruction. The Parklet is required to have reflective elements at all outside corners. Only the sidewalk-facing side of a Parklet can be open to pedestrian access. Overhead design elements are permitted only when there are no overhead facilities in proximity to the Parklet and may require additional review and compliance with all applicable building codes.

f. A Parklet shall not block access to any above-ground or surface-mounted utility facilities, including, but not limited to, manholes, sewer grates, storm drains, gas meters, valve boxes, electric meters, signal boxes, or other fixtures and appurtenances necessary for the operation of a utility system.

g. Cooking and preparation of food or beverages within a Parklet is not permitted.

h. Parklets may be utilized year-round, but must be kept clean and clear of all leaves, snow, ice, trash, and debris.

i. Heating or cooling devices are permitted within a Parklet but must not encroach on the street or sidewalk.

j. Free-standing umbrellas are permitted within a Parklet and above the sidewalk if the opened portion of the umbrella is located at least eight (8) feet above sidewalk grade.

k. The use of wireless speakers or other amplified sound equipment is permitted within a Parklet. The use of wireless speakers and amplified sound may not exceed ninety (90) decibels within the Parklet.

l. Alcoholic beverages are permitted within Parklets as permitted by local ordinance, state law, and the regulations of the Alcoholic Beverage Laws Enforcement Commission (ABLE Commission).

m. A Parklet, including a sidewalk extension, must comply with the Americans with Disabilities Act of 1990, as amended (“ADA”) as well as the ADA accessibility requirements set forth in the Manual.

n. The applicant shall provide and maintain a certificate of insurance evidencing current insurance general liability coverage with policy limits of not less than One Million Dollars ($1,000,000.00) of coverage per occurrence, covering claims for bodily injury, death, or property damage, including claims related to the Parklet area and the operation and use thereof, provided by an insurer authorized to transact insurance business in Oklahoma. The City of Ponca City shall be named as an additional insured. Each required insurance policy shall provide by endorsement that thirty (30) days’ prior written notice of cancellation shall be delivered by the insurer to the City Clerk, except that ten (10) days written notice of cancellation shall be provided by the insurer due to non-payment of premium. Permit holders shall furnish a replacement Certificate of Insurance to the City Clerk when any required insurance policy expires or is canceled, so that insurance coverage is continuous. All Certificates of Insurance forms submitted must be approved by the City Attorney. Failure by the permit holder to maintain the required insurance coverage is a violation of the conditions of approval of the Parklet permit and may result in consequences up to and including revocation of the Parklet permit.

28. Drive-Up Windows: Drive-up windows, in commercial districts, provided a permit is obtained from the building official pursuant to the requirements of section 11-17-1 of this title and subject to the following conditions:

a. For restaurants and banks, counting the space at the point of service, there shall be provided a minimum queue capacity for five (5) cars not blocking any parking spaces or driveways;

b. For other uses utilizing a drive-up window there shall be a minimum queue capacity of two (2) spaces, counting the space at the point of service, not blocking parking spaces or driveways; and

c. The City Engineer shall review all requests for drive-up window permits for proper circulation and interaction with the adjacent street(s), and may require additional queue capacity if warranted by the particular use and site design.

C. Prohibited Uses: The following uses are not allowed as accessory uses except as otherwise noted:

1. Overnight parking in a residential district of trucks or buses, except those trucks having a manufacturer's rating of less than one ton which may be permitted, and except one bus per multiple-family complex; and

2. Outdoor storage of materials or equipment, except as specifically permitted in the district regulations. (Ord. 5916, 8-9-1999)

D. Bulk Standards: Accessory buildings and structures other than signs are subject to the following yard, lot coverage, and height regulations:

1. Front Yard: The minimum front yard requirement of the individual districts shall apply to all accessory buildings and structures except as provided in section 11-14-1 of this title.

2. Side Yard: Interior side yard setbacks shall be the minimum of that required of the principal buildings in the applicable district, except residential zoning districts, where the setback ratio shall be one foot (1') for each foot of building height. Exterior side yards shall be the same as that required of the principal building. All fences and walls are exempt from any interior side yard requirement, and certain other accessory structures may be allowed in side yards as provided in section 11-14-1 of this title.

3. Rear Yard: There are no minimum rear yard setback requirements for accessory structures and buildings, except in residential zoning districts, where the setback ratio shall be one foot (1') for each foot of building height. A minimum setback of one foot (1') from the alley right-of-way or easement shall be provided for structures other than fences and walls. (Ord. 6170, 5-13-2013)

4. Lot Coverage: Coverage of rear yards by accessory structures in residential zoning districts shall not exceed eight hundred (800) square feet or twenty percent (20%), whichever is less. Accessory structures placed on lots comprising one acre or more in area shall not exceed one thousand five hundred (1,500) square feet. In the R-3 Multiple-Family Residential District, coverage shall not exceed thirty percent (30%). (Ord. 6253, 5-14-2018)

5. Height: The maximum permitted height for accessory structures shall be no more than fifty percent (50%) of that required of principal buildings, except in residential zoning districts, where the maximum permitted height shall be 17.5 feet or the height of the primary structure, whichever is less. Maximum height shall otherwise specifically be provided in section 11-14-1 of this title. (Ord. 6170, 5-13-2013; amd. Ord. 6333, 8-28-2023)

11-5-2: WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS; SITING :

A. Purpose: The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goal of this section is to:

1. Protect residential areas and land uses from potential adverse impacts of towers and antennas;

2. Encourage the location of towers in nonresidential areas;

3. Minimize the total number of towers throughout the community;

4. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers;

5. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

6. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

7. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

8. Consider the public health and safety of communication towers; and

9. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City shall give due consideration to the master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

B. Definitions: As used in this section, the following terms shall have the meanings set forth below:

ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounted structures that camouflage or conceal the presence of antennas or towers.

ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA: The federal aviation administration.

FCC: The federal communications commission.

HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER: Any structure exceeding sixty (60) feet in height above the mean ground elevation, that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

C. Applicability:

1. New Towers And Antennas: All new towers or antennas in the city shall be subject to these regulations, except as provided in subsections C2 through C4, inclusive, of this section.

2. Amateur Radio Station Operators/Receive Only Antennas: This section shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

3. Preexisting Towers Or Antennas: Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections D6 and D7 of this section.

4. AM Array: For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

5. Guyed Towers: Guyed towers shall not be allowed within the city limits unless there is substantial evidence showing no other alternative is feasible.

D. General Requirements:

1. Principal Or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot, provided it meets required setback distances.

2. Lot Size: For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. (Ord. 5928, 4-24-2000)

3. Inventory Of Existing Sites: Each applicant for an antenna and/or tower shall provide to the community development director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The community development director may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the community development director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

4. Aesthetics: Towers and antennas shall meet the following requirements:

a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

5. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

6. State Or Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

7. Building Codes Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the electronic industries association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

8. Measurement: For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

9. Not Essential Services: Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities. (Ord. 5928, 4-24-2000)

10. Franchises: Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the community development director.

11. Public Notice: For purposes of this section, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection G2e(2) of this section, table 2, in addition to any notice otherwise required by the zoning ordinance.

12. Signs: No signs shall be allowed on an antenna or tower.

13. Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection H of this section.

14. Multiple Antenna/Tower Plan: The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

E. Permitted Uses:

1. General: The uses listed in this subsection E are deemed to be permitted uses and shall not require administrative approval or a special use permit.

2. Permitted Uses: The following uses are specifically permitted: antennas or towers located on property owned, leased, or otherwise controlled by the city, provided a license or lease authorizing such antenna or tower has been approved by the city.

F. Administratively Approved Uses:

1. General: The following provisions shall govern the issuance of administrative approvals for towers and antennas:

a. The community development director may administratively approve the uses listed in this section.

b. Each applicant for administrative approval shall apply to the community development director providing the information set forth in subsections G2a and G2c of this section and a nonrefundable fee in such amount as set by resolution of the board of commissioners from time to time to reimburse the city for the costs of reviewing the application.

c. The community development director shall review the application for administrative approval and determine if the proposed use complies with subsections D, G2d and G2e of this section.

d. The community development director shall respond to each application by either approving or denying said application.

e. In connection with any such administrative approval, the community development director may, in order to encourage shared use, administratively waive any separation distances between towers in subsection G2e of this section by up to fifty percent (50%).

f. In connection with any such administrative approval, the community development director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

g. If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to subsection G of this section prior to filing any appeal that may be available under this title.

2. List Of Administratively Approved Uses: The following uses may be approved by the community development director after conducting an administrative review:

a. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any district zoned industrial or C-2 general commercial.

b. Locating antennas on existing structures or towers consistent with the terms of subsections F2b(1) and F2b(2) below:

(1) Antennas On Existing Structures: Any antenna which is not attached to a tower may be approved by the community development director as an accessory use to any commercial, industrial, professional, or institutional structure, provided:

(A) The antenna does not extend more than thirty feet (30') above the highest point of the structure;

(B) The antenna complies with all applicable FCC and FAA regulations; and

(2) Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the community development director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one courier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(A) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the community development director allows reconstruction as a monopole.

(B) Height:

i. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, to accommodate the collocation of an additional antenna.

ii. The height change referred to in subsection F2b(2)(C)i below may only occur one time per communication tower.

iii. The additional height referred to in subsection F2b(2)(C)i below shall not require an additional distance separation as set forth in subsection G of this section. The tower's premodification height shall be used to calculate such distance separations.

i. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location, provided it continues to satisfy setback requirements.

ii. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

iii. A relocated on site tower shall be measured from the new tower location for purposes of calculating separation distances between towers pursuant to subsection G2e of this section.

iv. The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection G2e of this section shall only be permitted when approved by the community development director.

c. New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the community development director concludes the tower is in conformity with the goals set forth in subsection A of this section and the requirements of subsection D of this section; the tower meets the setback requirements in subsection G2d of this section and separation distances in subsection G2e of this section; and the tower meets the following height and usage criteria:

(1) For a single user, up to ninety feet (90') in height;

(2) For two (2) users, up to one hundred twenty feet (120') in height; and

(3) For three (3) or more users, up to two hundred feet (200') in height.

d. Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the community development director is in conformity with the goals set forth in subsection A of this section.

e. Installing a cable microcell network through the use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

G. Special Use Permits:

1. General: The following provisions shall govern the issuance of special use permits for towers or antennas by the planning commission:

a. If the tower or antenna is not a permitted use under subsection E of this section or permitted to be approved administratively pursuant to subsection F of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

b. Applications for special use permits under this section shall be subject to the procedures and requirements of this title, except as modified in this section.

c. In granting a special use permit, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

d. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

e. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as set by resolution of the board of commissioners from time to time to reimburse city for the costs of reviewing the application.

2. Towers:

a. Information Required: Applicants for a special use permit for a tower shall submit the following information in addition to any other required information:

(1) A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in subsection G2e of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the community development director to be necessary to assess compliance with this section.

(2) Legal description of the parent tract and leased parcel (if applicable).

(3) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(4) The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection D3 of this section shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(5) A landscape plan showing specific landscape materials.

(6) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(7) A description of compliance with subsections D3, D4, D5, D6, D7, D10, D12 and D13, G2d and G2e of this section and all applicable federal, state or local laws.

(8) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(9) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(10) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(11) A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

b. Factors Considered In Granting Special Use Permits For Towers: In addition to any standards for consideration of special use permit applications, the planning commission shall consider the following factors in determining whether to issue a special use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this section are better served thereby:

(1) Height of the proposed tower;

(2) Proximity of the tower to residential structures and residential district boundaries;

(3) Nature of uses on adjacent and nearby properties;

(4) Surrounding topography;

(5) Surrounding tree coverage and foliage;

(6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7) Proposed ingress and egress; and

(8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in section G2c of this section.

c. Availability Of Suitable Existing Towers, Other Structures, Or Alternative Technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. Substantial evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(1) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(2) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(7) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low power transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

d. Setbacks: The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the planning commission may reduce the standard setback requirements if the goals of this section would be better served thereby:

(1) Towers must be set back a distance equal to at least seventy five percent (75%) of the height of the tower from any adjoining lot line.

(2) Accessory buildings must satisfy the minimum zoning district setback requirements.

e. Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the planning commission may reduce the standard separation requirements if the goals of this section would be better served thereby.

(1) Separation from off site uses/designated areas.

(A) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1, except as otherwise provided in table 1.

(B) Separation requirements for towers shall comply with the minimum standards established in table 1.

TABLE 1, SEPARATION DISTANCES

Off Site Use/Designated Area	Separation Distance
Single-family or duplex residential units1	200 feet or 300 percent height of tower, whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 300 percent height of tower2, whichever is greater
Vacant unplatted residentially zoned lands3	100 feet or 100 percent height of tower, whichever is greater
Existing multi-family residential units greater than duplex units	100 feet or 100 percent height of tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses	None; only setbacks apply

1Includes modular homes and mobile homes used for living purposes.

2Separation measured from base of tower to closest building setback line.

3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

(2) Separation distances between towers.

(A) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 2.

(B) Table 2:

TABLE 2, EXISTING TOWERS - TYPES

	Lattice	Guyed	Monopole 75 Feet In Height Or Greater	Monopole Less Than 75 Feet In Height
Lattice	5,000	NA	1,500	750
Guyed	NA	NA	NA	NA
Monopole 75 feet in height or greater	1,500	NA	1,500	750
Monopole less than 75 feet in height	750	NA	750	750

f. Security Fencing: Towers shall be enclosed by security fencing not less than six feet (6') in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the planning commission may waive such requirements, as it deems appropriate.

g. Landscaping: The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this section would be better served thereby.

(1) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.

(2) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

(3) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

H. Buildings Or Other Equipment Storage:

1. Antennas Mounted On Structures Or Rooftops: Equipment storage buildings or cabinets shall comply with all applicable building codes.

2. Antennas Mounted On Utility Poles Or Light Poles: The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

a. Residential Districts: In residential districts, the equipment cabinet or structure may be located:

(1) In a front or side yard, provided the cabinet or structure is no greater than four feet (4') in height and the cabinet/structure is located a minimum of three feet (3') from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least forty two inches (42") to forty eight inches (48") and a planted height of at least thirty six inches (36").

(2) In a rear yard, provided the cabinet or structure is no greater than eight feet (8') in height. The cabinet or structure shall be screened by an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36").

b. Commercial Or Industrial Districts: In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight feet (8') in height. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36").

3. Antennas Located On Towers: The related unmanned equipment structure shall be located in accordance with the minimum yard requirements of the zoning district in which located.

4. Modification Of Building Size Requirements: The requirements of subsections H1 through H3 of this section may be modified by the community development director in the case of administratively approved uses or by the planning commission in the case of uses permitted by special use to encourage collocation.

I. Removal Of Abandoned Antennas And Towers: Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense and/or a fine not to exceed two hundred dollars ($200.00) per offense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

J. Nonconforming Uses:

1. Not Deemed Expansion Of Nonconforming Use: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

2. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

3. Rebuilding Damaged Or Destroyed Nonconforming Towers Or Antennas: Notwithstanding subsection I of this section, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in subsections G2d and G2e of this section. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the current applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection I of this section. (Ord. 5928, 4-24-2000; amd. 2003 Code; amd. Ord. 6262, 2-25-2019)

Notes

1	1. Subsection 11-5-1B4 of this chapter refers to wireless communication towers and antennas as a permitted use under accessory structures and uses.

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