Accessibility Statement

Chapter 13 Article 08 Zone District Regulations - 0810 through 0814

 

 13-810            Light Industrial Zone (I-1).

      A.  Purpose.

      The purpose of the Light Industrial Zone (I-1) is to provide for the development of industrial, warehousing, and office facilities in a manner which does not cause adverse off-site environmental impacts. Uses allowed in the I-1 Zone are those whose activities (including storage) take place entirely within enclosed buildings, which have little or no emission of noise, smoke, dust, odor, vibration, or glare, and which pose little or no danger to the public health and safety.

      B.   Principally Permitted Uses.

      (1)  All Principally Permitted Uses in the Community Business Zone (B-2), with the exception of public parks. (Ord. 2011-02, 3-8-11)

      (2)  Any production, testing, processing, goods or products which conform with the performance standards set forth in 13-815.(1) through (11) for the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, glare or heat. Those uses involving the storage, utilization or manufacture of volatile or explosive materials or products are not allowed in the I-1 Zone.

      (3)  Automotive Repair, Major: Permitting the uses allowed with the designated use of automotive repair, minor, including repair of large trucks and trailers and including body work and painting. (Ord. No. 87-28, 12-1-87; Ord. No. 9209, 5-5-92).

      (4)  Automobile washing establishment.

      (5)  Building material sales and storage.

      (6)  Bulk storage of non-explosive liquid.

      (7)  Contractor's offices, shops, and yards.

      (8)  Dog kennels.

      (9)  Exterior storage of goods and materials provided that all goods and materials are screened from adjacent properties.

      (10) Feed, grain, and fertilizer retail sales.

      (11) Fuel and ice sales.

      (12) Railroad tracks and railroad passenger stations but not railroad switching yards.

      (13) Railroad labor rest houses and hotels, consisting of sleeping, lodging, eating, and related facilities provided for railroad personnel.

      (14) Restaurants, including the sale of liquor, and also convenience food restaurants.

      (15) Sales or rental lots.

      (16) Sexually Oriented Business

            (a) Sexually oriented businesses shall not be located within 500 linear feet of the following:

            Churches

            Schools

            Other Sexually Oriented Businesses

            Residential Zones (Ord. No. 2007-25, 1-2-08)

      (17) Stadiums, auditoriums, and arenas.

      (18) Trade schools.

      (19)  Warehousing.

      (20)  Welding & fabrication, provided all activities are conducted entirely within an enclosed structure. (Ord. 2012-01, 3/20/12)
      (21)  Wholesale sales and storage.

(Ord. No. 09-16, 10-6-2009).

      C.   Conditionally Permitted Uses

      (1)  Airports, subject to the limitations of the Federal Aviation Administration.

      (2)  Crematory.

      (3)  Heliports, subject to the regulations of Article 13-807.C.(4) of this Ordinance.

      (4)  Overnight campgrounds, subject to the regulations of 13-808.C.(6) of this Ordinance.

      (5)  Security guard office quarters, limited to office use and not as a residence. (Ord. No. 87- 28, 12-1-87; Ord. No. 89-20, 9-19-89).

      (6)  Sewage treatment plants.

      Insert text here

      (7)  Theaters, automobile drive-in, subject to the regulations of 13-808.C.(5) of this Ordinance. 

      (8) Indoor Shooting Range (Ord. 2017-07, 7/5/17)

      D.  Permitted Accessory Uses

      (1)  Signs consistent with Article 13-818 of this Ordinance. (Amended Ord. 2012-06, 6/5/12)

      (2)  Personnel service facilities providing personal services, education, recreation, entertainment, food, and convenience goods primarily for those personnel employed in the Principal Use.
       (3)  Wind energy conversion systems; in accordance with the provisions of §13-817.  (Ord. 2011-06, 5-6-11)
       (4)  Above ground storage tank(s) of flammable and combustible liquids not to exceed 6,000 gallons in totality, subject to review and approval in accordance with Section 13-904 as a Major Site Plan, and subject to the separation distances set forth below, and compliance with all codes and requirements of the City of Rock Springs:
             (a)  Distance from any property line abutting a Non-Residential Zone District: 20 feet
             (b)  Distance from any property line abutting a Residential Zone District: 45 feet
             (c)  Distance to any Residence or Occupied Building on the same lot:  15 feet
             (d)  Distance from an energized conductor and equipment: 25 feet (Ord. 2018-08, 6/5/18)

      E.   Access.

      (1)  All two-way accesses shall be a minimum of 25 feet wide (26 feet, if needed for a Fire Lane).
      (2)  All one-way accesses shall be a minimum of 15 feet wide (20 feet, if needed for a Fire Lane).
      (3)  All accesses shall be paved with concrete, asphalt, or asphaltic concrete.
      (4)  The Director of Engineering and Operations shall approve all proposed accesses with respect to location and configuration.
     (Ord. 2012-01, 3/20/12)
      F.   Setbacks and Height.

      (1)  The minimum setback from any lot line or public right-of-way shall be as set forth below:

      (a)  Buildings:                            Feet

            1.   Front                             35

            2.   Interior side and rear     15

            3.   Corner side                   30

            4.   Residential Zone           60

                  boundary

      (b)  Parking lots

            1.   Front                             4

            2.   Interior side and rear     3

            3.   Corner side                   4

            4.   Residential Zone

                  boundary                      3

      (2)  The maximum height of any building shall be 55 feet, except that buildings over 45 feet in height shall be subject to additional fire protection precautions as determined by the City Fire Chief.

      G.  Lot Width and Lot Area.

      (1)  The minimum lot width shall be 100 feet.

      (2)  Minimum lot area shall be determined by building, area, parking requirements and required setbacks.

      H.  Screening

      All Principal and Accessory Uses shall be screened from adjacent Residential Zones as described in 13-815.B.(2).

      I.    Landscaping

      All areas not designated for buildings, circulation, parking or storage shall be landscaped as described in 13-815.C.

      J.  Accessory Buildings

      Accessory buildings shall be setback a minimum distance of 3 feet from side and rear property lines.

(96-12, Amended, 08/20/1996; 95-21, Amended, 01/16/1996)

 

 13-811            Heavy Industrial Zone (I-2).

      A.  Purpose.

      The purpose of the Heavy Industrial Zone is to provide for the development of industries which, because of the nature of their operation, appearance, traffic generation, or emissions, would not be compatible with land uses in the Light Industrial Zone (I-l), but which, nevertheless, are necessary and desirable activities in the City.

      B.   Principally Permitted Uses.

      (1)  All principally permitted uses of the Light Industrial Zone, with the exception of a sexually oriented business, church and/or parish house, hotel or motel, school and its associated buildings and facilities, or dormitory.  (Ord. No. 2007-25, 1-2-08; Ordinance 2010-01, 3-13-2010)

      (2)  Automobile drive-in theaters.

      (3)  Exterior storage of goods and materials provided that all goods and materials are screened from view from adjacent rights-of-way.

      (4)  Granery, elevator storage.

      (5)  Motor freight terminals.

      (6)  Railroad switching and classification yards.
      (7)  Welding & fabrication (Ord. 2012-01, 3/20/12)

      C.   Conditionally Permitted Uses.

      (1)  Airports, subject to the regulations of the Federal Aviation Administration.

      (2)  Crematory.

      (3)  Heliports, subject to the regulations of Article 13-809.C.(4) of this Ordinance.

      (4)  Oil refineries.

      (5)  Racetracks.

      (6)  Scrap metal or used materials processing, handling, and storage facilities.

      (7)  Security guard office quarters, limited to office use and not as a residence. (Ord. No. 87-28, 12-1-87; Ord. No. 89-20, 9-19-89).

      (8)  Sewage treatment plants.

      (9)   Storage, utilization, or manufacture of materials or products which explode.

      (10)  Auto Reduction Yard.

      (11)  Salvage Yard.

      (12)  Overnight campgrounds, subject to the regulations of 13-808.C.(6) of this Ordinance. (Ord. No. 2002-10, 7-2-2002).
      (13)  Towing and Recovery Office and Storage Yard (Ord. 2014-03, 4/15/14)
(Ord. 2011-02, 3-8-11)
      (14) Indoor Shooting Range (Ord. 2017-07, 7/5/17)

      D.  Permitted Accessory Uses.

      (1)  Signs consistent with Article 13-818 of this Ordinance.  (Amended Ord. 2012-06, 6/5/12)

      (2)  Personnel service facilities providing services, education, recreation, entertainment, food, and convenience goods primarily for those personnel employed in the Principal Use.
      (3)  Wind energy conversion systems, in accordance with the provisions of §13-817.  (Ord. 2011-06, 5-6-11)

      E.   Access.

      (1)  All two-way accesses shall be a minimum of 25 feet wide (26 feet, if needed for a Fire Lane).
      (2) All one-way accesses shall be a minimum of 15 feet wide (20 feet, if needed for a Fire Lane.)  (Ord. No. 89-17, 8-15-89).
      (3)  All accesses shall be paved with concrete, asphalt, or asphaltic concrete.
      (4)  The Director of Engineering and Operations shall approve all proposed accesses with respect to location and configuration.
      F.   Setbacks and Height.

      (1)  The minimum setback from any lot line or public right-of-way shall be as set forth below:

      (a) Buildings:                           Feet:

            1.   Front                            35

            2.   Interior side

                  and rear                       15

            3.   Corner side                  30

            4.   Residential Zone

                  boundary                     75

      (b) Parking lots

            1.   Front                            4

            2.   Interior side

                  and rear                       3

            3.   Corner side                  4

            4.   Residential Zone

                  boundary                     3

      (2)  There shall be no maximum height of building, except that buildings over 45 feet in height shall be subject to additional fire protection precautions as determined by the City Fire Chief.

      G.  Lot Width and Lot Area.

      (1)  The minimum lot width shall be 100 feet.

      (2)  Minimum lot area shall be determined by building area, parking requirements and required setbacks.

      H.  Screening.

      All Principal and Accessory Uses shall be screened from adjacent Residential Zones as described in 13-815.B.(2).

      I.    Landscaping.

      All areas not designated for buildings, circulation, parking or storage shall be landscaped as described in 13-815.C.

      J.  Accessory Buildings.

      Accessory buildings shall be setback a minimum distance of 3 feet from side and rear property lines.

(96-12, Amended, 08/20/1996; 95-21, Amended, 01/16/1996)

 

 13-812            Planned Unit Development Overlay Zone.

      A.  Purpose.

As an alternative to conventional zoning and development approaches and processes, the Planned Unit Development (P.U.D.) procedures and regulations are set forth in order that the public health, safety, morals, and general welfare be furthered in an era of increasing urbanization; to encourage innovations in residential, commercial, and industrial development renewal; so that greater opportunities for better housing and recreation, shops and industrial plants conveniently located to each other may extend to all citizens and residents of Rock Springs; to reflect changes in the technology of land development; to encourage a more creative approach in the utilization of land in order to accomplish a more efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size or shape of a particular property, and to provide a compatible and stable environment in harmony with that of the surrounding area.

      The Planned Unit Development may include any development having one or more principal uses or structures on a single parcel of ground or contiguous parcels. The P.U.D. shall consist of a harmonious selection of uses and groupings of buildings, parking areas, circulation and open spaces, and shall be designed as an integrated unit, in such manner as to constitute a safe, efficient, and convenient urban area.

      B.   General Requirements and Standards.

      (1)  Ownership.

      The tract shall be a development of land under unified control at the time of application, planned and scheduled to be developed as a whole. However, no authorizations or permits shall be granted for such development unless the applicant has acquired actual ownership of or executed a binding sales contract for all of the property comprising such tract. The term "single ownership" shall include ownership of portions of such development by two (2) or more wholly owned subsidiaries of a single owner, or by such single owner and one (1) or more of its wholly owned subsidiaries.

      (2)  Conformance with Comprehensive Plan.

      The proposed Planned Unit Development shall be consistent with the City of Rock Springs' Comprehensive Plan.

      (3)  P.U.D. Area Regulations.

      (a)  The minimum total P.U.D. area shall be no less than five (5) acres unless the applicant can show that the minimum P.U.D. area requirements should be waived because the waiver would be in the public interest and that one or both of the following conditions exist:

      1.   Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard provisions of the Residential Districts would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community.

      2.   The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the neighborhood.

      (4)  Density in Residential P.U.D.'s: 10% increase.

      (a)  A residential P.U.D. may provide for a variety of housing types in any one of the basic residential zoning districts. In addition, the number of dwelling units allowed may be flexible relative to the number of dwelling units per acre that would otherwise be permitted by the zoning regulations applicable to the site. However, the total number of dwelling units allowed in a P.U.D. shall be consistent with the Land Use Element of the City's Comprehensive Plan and in no case shall the unit density be exceeded by more than 10% of that permitted by the Comprehensive Plan.

      (b) If the unit density exceeds that permitted by the Comprehensive Plan, the applicant has the burden to show that such increase in density will not have an undue and adverse impact on existing public facilities or on neighboring properties.

      (c)  In determining the reasonableness of the increase in unit density, the Planning and Zoning Commission and City Council shall consider increased efficiency in public facilities and services based, in part, upon:

      1.   The location, amount and proposed use of common open space;

      2.   The location, design and type of dwelling units;

      3.   The physical characteristics of the site;

      4.   Particular distinctiveness and excellence in siting, design, and landscaping;

      5.   Dedication of more than the minimum required for public lands or open space.

      (5)  Front, Rear and Side Yard Building Setback Regulations.

      Residential building setbacks from all property lines which form the perimeter of the P.U.D. or from all interior and exterior dedicated street right-of-way lines or from the paving of any private interior circulation streets shall be no less than 20 feet; commercial building setbacks shall be no less than 35 feet or the height of the building, whichever is greater.

      (6)  More Than One Building Per Lot.

      More than one building may be placed on one platted or recorded lot in any P.U.D. Areas for single-family detached dwellings or other housing types providing privately owned lots must comply with the City's Subdivision Ordinance in all respects not specifically noted in this section as appropriate variances or waivers.

      (7)  One Housing Type Not Inconsistent With Intent.

      A P.U.D. which only involves one housing type such as all detached or all attached units shall not be considered as inconsistent with the stated purposes and objectives of this section and shall not be the sole basis for denial or approval.

      (8)  Architectural Style, Appearance.

      Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the Planning and Zoning Commission and Council.

      (9)  Building Permits; When Issued.

      No building permits shall be granted for any building on land for which an application for a P.U.D. is in the process of City review or which does not conform to the approved P.U.D.

      (10) Staging of Development.

      (a)  Any P.U.D. plan proposed to be constructed in stages shall include full details relating thereto, and the City Council may approve or modify where necessary any such proposals.

      (b)  The staging shall include the time for beginning and completion of each stage. Such timing may be modified by the City on the showing of good cause by the developer.

      (c)  The land owner or developer shall make such easements, covenants, and other arrangements and shall furnish such performance bond or bonds as may be determined by the City to be reasonably required to assure performance in accordance with the plan and to protect the public.

      (11) Streets, Utilities, Services and Public Facilities.

      The uniqueness of each proposal for a P.U.D. may allow specifications and standards for streets, utilities and services to be subject to minor modifications of the specifications and standards established in this and other City ordinances governing their construction. The City may, therefore, waive or modify the specifications or standards where it is found that they are not required in the interests of the residents of the P.U.D. or of the City. The plans and profiles of all streets, utilities and services shall be reviewed, modified if necessary, and approved by the City prior to the final approval of the P.U.D. All P.U.D.'s shall be served by public or community water and sewer systems.

      (12) Open Space Provision.

      At least ten (10%) percent of the total P.U.D. area shall be set aside for public and/or private open space and recreational use in the manner required by the City Subdivision Ordinance. The City shall determine what portion of the ten (10%) percent, if any, shall be private.

      In no case shall less than five (5%) percent of the total P.U.D. area be dedicated for public use or no less than five (5%) percent of the assessed value of the land prior to its development be paid as fee-in-lieu-of the public land dedication.

      (13) Operating and Maintenance Requirements for Planned Unit Development Common Facilities.

      In the event that certain land areas or structures are provided within the Planned Unit Development for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the City to assure the continued standard. These common areas may be placed under the ownership of one of the following, depending which is more appropriate:

      (a)  Dedicated to public where a community-wide use would be anticipated.

      (b)  Landlord control.

      (c)  Landowners association, provided all of the following conditions are met:

      1.   The landowners association must be established prior to any sale.

      2.   Membership must be mandatory for each owner and any successive buyer.

      3.   The open space restrictions must be permanent, not for a given period of years.

      4.   The association must be responsible for liability insurance and the maintenance of recreational, service, and other facilities as deemed necessary by the City.

      5.   Landowners must pay their pro rate share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Wyoming Statutes.

      6.   The association must be able to adjust the assessment to meet changed needs.

      (14) Building Height and Setbacks.

      In general, a building's setback from property adjacent to a Planned Unit District site shall approximate its height.

      (15) Landscaping.

      Landscaping and/or fencing shall be provided according to a plan approved by the City and shall include a detailed planting list with sizes indicated.

      (16) Utilities.

      All utilities, including electricity and telephone, shall be installed underground.

 

 13-813            Flood Damage Prevention Ordinance: Statutory Authorization, Findings of Fact, Purpose and Objectives.

      A.  Statutory Authorization.

      The Legislature of the State of Wyoming Statute 19-5-101 et. seq. delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of Rock Springs, Wyoming, does ordain as follows:

      B.   Findings of Fact.

      (1)  The flood hazard areas of Rock Springs are subject to periodic inundation which results in loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

      (2)  These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

      C.   Statement of Purpose.

      It is the purpose of this Ordinance to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

      (1)  To protect human life and health;

      (2)  To minimize expenditure of public money for costly flood control projects;

      (3)  To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      (4)  To minimize prolonged business interruptions;

      (5)  To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      (6)  To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

      (7)  To ensure that potential buyers are notified that property is in an area of special flood hazard; and

      (8)  to ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

      D.  Methods of Reducing Flood Losses.

      In order to accomplish its purpose, this Ordinance includes methods and provisions for:

      (1)  Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

      (2)  Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      (3)  Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel flood waters;

      (4)  Controlling filling, grading, dredging and other development which may increase flood damage; and

      (5)  Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

 

 13-813.1         Definitions.

      Unless specifically defined below or in Section 13-601, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application.

      Appeal: See Section 13-601.

      Area of shallow flooding: means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

      Area of special flood hazard: means the land in the floodplain within a community subject to a one (1%) percent or greater chance of flooding in any given year.

      Base flood: means the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

      Development: See Section 13-601.

      Existing manufactured home park or subdivision: a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. (Ord. No. 90-01, 4-3-90).

      Expansion to an existing manufactured home park or subdivision: the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, construction of streets, and either final site grading or the pouring of concrete pads). (Ord. No. 90-01, 4-3-90).

      Flood or flooding: means a general and temporary condition of partial or complete inundation of normally dry land areas from:

      (1)  the overflow of inland or tidal waters and/or

      (2)  the unusual and rapid accumulation or runoff of surface waters from any source.

      Flood Insurance Rate Map (FIRM): means the official map of which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

      Flood Insurance Study: means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

      Floodplain or flood prone area: means any land area susceptible to being inundated by water from any source (see definition of "flooding.")

      Floodproofing: means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

      Floodway: means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

      Floodway encroachment lines: means the lines marking the limits of floodways on the Flood Insurance Rate Map.

      Highest adjacent grade: means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

      Lowest floor: means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.

      Manufactured home: See Section 13-601.

      Manufactured or Mobile Home Park or Subdivision: See Section 13-601.

      Mobile Home:  See Section 13-601.

      New Construction: for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. (Ord. No. 90-01, 4-3-90).

      New Manufactured or Mobile Home Park or Subdivision: See Section 13-601. (Ord. No. 90-01, 4-3-90).

      One hundred year flood: See "base flood."

      Recreational vehicle: a vehicle which is:

      1.   built on a single chassis;

      2.   400 square feet or less when measured at the largest horizontal projection;

      3.   designed to be self-propelled or permanently towable by a light duty truck; and

      4.   designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping travel, or seasonal use. (Ord. No. 90-01, 4-3-90).

      Start of construction: See Section 13-601. Structure: See Section 13-601.

      Substantial damage: damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 90-01, 4-3-90).

      Substantial Improvement: See Section 13-601.

      Variance: See Section 13-601.

 

 13-813.2         Application of Provisions.

 A. Lands to Which This Ordinance Applies. This Ordinance shall apply to all areas of special flood hazards within the Rock Springs' City Limits.

      B.   Basis for Establishing the Areas of Special Flood Hazard.

      The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Rock Springs, Wyoming," dated July 20, 1998, with an accompanying Flood Insurance Rate Map (FIRM), and any deletions, additions, amendments or changes thereto, are hereby adopted by reference and declared to be part of this Ordinance. The Flood Insurance Study and FIRM are on file at the City Planner's Office at the Rock Springs City Hall. (Ord. No. 89-18, 9-19-89).

      C.   Compliance.

      No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Ordinance and other applicable regulations.

      D.  Abrogation and Greater Restrictions.

      This Ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

      E.   Interpretation.

      In the interpretation and application of this Ordinance, all provisions shall be:

      (1)  considered as minimum requirements;

      (2)  deemed neither to limit nor repeal any other powers granted under State statutes.

      F.   Warning and disclaimer of Liability.

      The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Rock Springs, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

(98-09, Amended, 07/21/1998)

 

 13-813.3         Administration.

      A.  Establishment of Development Permit.

      A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 13-813.2.B. Application for a development permit shall be made on forms furnished by the Zoning Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. If the site is located in a flood plain, the following information shall also be submitted:

      (1)  Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

      (2)  Elevation in relation to mean sea level to which any structure has been or will be floodproofed;

      (3)  Certification by a registered professional engineer or architect, licensed in the State of Wyoming, that the floodproofing methods for any non-residential structure meet the floodproofing criteria in Section 13-813.4.B.(2); and

      (4)  Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. No. 88-09, 6-21-88).

      B.   Designation of the Zoning Administrator. The Zoning Administrator is hereby appointed to administer and implement this Ordinance by granting or denying development applications in accordance with its provisions.

      C.   Duties and Responsibilities of the Zoning Administrator.

Duties of the Zoning Administrator shall include, but not be limited to:

      (1)  Permit Review.

      (a)  Review all development permits to determine that the permit requirements of this Ordinance have been satisfied.

      (b)  Review all development permits to determine that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required.

      (c)  Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 13813.C.(1) are met.

      (2) Use of Other Base Flood Data.

      When base flood elevation data has not been provided in accordance with Section 13813.2.B., Basis for Establishing the Areas of Special Flood Hazard, the Zoning Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any Federal, State or other source as criteria for requiring that new construction, substantial improvements or other development in Zone A are administered in accordance with Section 13813.4.B., Specific Standards.

      (3)  Information to be Obtained and Maintained.

      (a)  Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.

      (b)  For all new or substantially improved floodproofed structures:

      1.   Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.

      2.   Maintain the floodproofing certifications required in Section 13-813.3 .A.(3).

      (c)  Maintain for public inspection all records pertaining to the provisions of this Ordinance.

      (4)  Alteration of Watercourses.

      (a)  Notify adjacent communities and the Wyoming Disaster and Civil Defense Office prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

      (b)  Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

      (5)  Interpretation of FIRM Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 13-813.3.D.

      D.  Variance Procedure.

      (1)  Appeal Board.

      (a)  The Board of Adjustment, as established by the Zoning Ordinance, shall hear and decide appeals and requests for variances from the requirements of this Ordinance.

      (b)  The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Zoning Administrator in the enforcement or administration of this Ordinance.

      (c)  Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decisions to the District Court as provided in Wyoming Statute 15-1-609.

      (d)  In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Ordinance, and:

      1.   the danger that materials may be swept onto other lands to the injury of others;

      2.   the danger to life and property due to flooding or erosion damage;

      3.   the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

      4.   the importance of the services provided by the proposed facility to the community;

      5.   the necessity to the facility of a waterfront location, where applicable;

      6.   the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

      7.   the compatibility of the proposed use with the existing and anticipated development;

      8.   the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

      9.   the safety of access to the property in times of flood for ordinary and emergency vehicles;

      10. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

      11. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

      (e)  Upon consideration of the factors of Section 13-813.3.D.(1)(d) and the purposes of this Ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.

      (2)  Conditions for Variances.

      (a)  Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items 1-11 in Section 13813.3.D.(1)(d) have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justifications required for issuing the variance increases.

      (b)  Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (Ord. No. 9001, 4-3-90)

      (c)  Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

      (d)  Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      (e)  Variances shall only be issued upon:

      1.   a showing of good and sufficient cause;

      2.   a determination that failure to grant the variance would result in exceptional hardship to the applicant; and

      3.   a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 13-813.3.D.(1)(d) or conflict with existing local laws or ordinances.

      (f)  Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.

 

 13-813.4         Provisions for Flood Hazard Reduction.

      A.  General Standards.

      In all areas of special flood hazards, the following standards are required:

      (1)  Anchoring.

      (a)  All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

      (b)  All manufactured or mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing frame ties to ground anchors. Over-the-top ties to ground anchors may also be provided. Specific anchoring requirements shall be according to standards provided by the City Engineer.

      (2)  Construction Materials and Methods.

      (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

      (b)  All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

      (c)  All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

      (3)  Utilities.

      (a)  All new and replacement water supply systems shall be designed to minimize or eliminated infiltration of flood waters into the system.

      (b)  New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into the flood waters.

      (c)  On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

      (4)  Subdivision Proposals.

      (a)  All subdivision proposals shall be consistent with the need to minimize flood damage;

      (b)  All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

      (c)  All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

      (b)  Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

      B.   Specific Standards.

      In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 13-813.2.B., Basis for Establishing the Areas of Special Flood Hazard, or Section 13813.3.C.(2), Use of Other Base Flood Data, the following provisions are required:

      (1)  Residential Construction.

      (a)  New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated above the base flood elevation.

      (b)  Require within any AO and AH Zone on the FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two (2) feet if no depth number is specified).

      (2)  Nonresidential Construction.

      (a)  New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated above the base flood level or, together with attendant utility and sanitary facilities shall:   (Ord. No. 90-01, 4-3-90)

      1.   be floodproofed so that below the base flood the structure is watertight with walls substantially impermeable to the passage of water. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design methods of construction are in accordance with accepted standards of practice.

      2.   have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet the following minimum criteria.

      (i)   A minimum of two openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

      (ii)  The bottom of all openings shall be no higher than one foot above grade;

      (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

      3.   be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 13-813.3.C.(3)(b).

      (b)  Require within any AO and AH Zone on the FIRM that all new construction and substantial improvements of nonresidential structures (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified); or (ii) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in Section 13-813.4.B.(2)(a).

      (c)  Require within Zones AO and AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

      (d)  Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's FIRM that are not subject to the provisions of Section 13-813.B.(3) (b) be elevated so that either (i) the lowest floor of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

      (e)  Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days; (ii) meet the permit requirements of Section 13-813.A. and the elevation and anchoring requirements for "manufactured homes" in Section 13-813.4.B.(3) (b) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (Ord No. 90-01, 4-3-90).

      (f)  Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters.  Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:  A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.  The bottom of all openings shall be no higher than one foot above grade.  Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.  (Amended Ord. 2014-03, 4/15/14)

      (3)  Manufactured and Mobile Homes.

      (a)  Manufactured and Mobile Homes shall be anchored in accordance with Section 13813.4.A.(1)(b).

      (b)  Require that manufactured andmobile homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured or mobile home park or subdivision; (ii) in a new manufactured or mobile home park or subdivision; (iii) in an expansion to an existing manufactured or mobile home park or subdivision; or (iv) in an existing manufactured or mobile home park or subdivision on which a manufactured or mobile home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured or mobile home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement. (Ord. No. 90-01, 4-3-90).

      C.   Floodways.

      Located within areas of special flood hazard established in Section 13-813.2.B. are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

      (1)  Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

      (2)  If Section 13-813.4.C.(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 13-813.4., Provisions for Flood Hazard Reduction.

 

 13-814             Wireless Telecommunications.

      A.  Purpose.

            The purpose of this section is to establish regulations for the siting of wireless communications towers and antennas in order to: (1) protect residential areas and land uses from impacts of towers and antennas; (2) encourage location of antennas and towers in nonresidential areas; (3) encourage collocation of new and existing tower sites; (4) minimize impacts of towers and antennas on the community.  This section shall not apply to antennas used by amateur radio operators or wireless telecommunications antennas/facilities associated with public utilities/services, which shall remain exempt.

      B.   Definitions.

      Wireless telecommunications: The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems and without the use of wires, cables or other similar transmission facilities.

      Wireless telecommunications, alternative design structure:  An alternative design for mounting antennas on other than a monopole or lattice tower, i.e., clock tower, flag pole, artificial tree, light pole or similar feature.  Said alternative design is for the purpose of making the wireless telecommunications tower blend in with the surrounding environment.

      Wireless telecommunications, antenna:  Any exterior transmitting or receiving wireless communication device mounted on a tower, building or structure and used in communications which is authorized by the Federal Communications Commission. Antennas used by amateur radio operators are excluded from this definition.

      Wireless telecommunications, antenna height:  Vertical distance from the finished grade of the parcel at the base of the antenna support structure to the highest point on the structure, including the highest antenna.

      Wireless telecommunications, antenna support structure:  Any building, tower or structure used to support a wireless telecommunications antenna.

      Wireless telecommunications, carrier:  An entity that provides wireless telecommunications services.  This definition shall also include companies that build telecommunications towers and lease tower space to carriers. Wireless telecommunications, collocation:  The use of a single wireless telecommunications antenna support structure by more than one carrier.

      Wireless telecommunications, equipment shelter:  The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

      Wireless telecommunications, guyed tower:  A tower that is supported by use of cables (guy wires) that are permanently anchored to the ground.

      Wireless telecommunications, lattice tower:  A type of tower that is self-supporting with multiple legs and steel cross-bracing.

      Wireless telecommunications, monopole:  A support structure constructed of a single, self-supporting metal pole securely anchored to a foundation.

      Wireless telecommunications, tower:  Any structure 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, guyed towers or monopole towers.  The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and any tower support.

      C.   General.

      The following requirements apply to all wireless telecommunications facilities regardless of the zoning district where they are to be located.  These general standards are supplemented by the specific regulations for residential and nonresidential districts, as set forth in subsections D and G of this section.

      (1)  Site plan required.  Proposed wireless telecommunications facilities shall submit an application to the City on forms provided by the Zoning Administrator.  The site plan shall include a drawing or page depicting all buildings located within 300 feet of the proposed facility, as well as an overlay of the zoning for the property and all properties located within 300 feet.  The site plan shall generally comply with the requirements of 13-904 except where noted differently in this section.  Property owner (landowners) signature shall be required on application form.

      (2)  Security fencing.  Security fencing a minimum of 6 feet in height shall surround the tower, equipment shelter and any guy wires.

      (3)  Collocation.  Applicants requesting permission to install a new tower shall provide an exhibit showing all existing towers located within 1500 feet of the proposed new tower facility.  The applicant shall inquire about potential collocation at all technically feasible locations within the 1500 feet radius and shall provide written proof of said inquiries, as well as responses received.

      (4)  Historic review.  Any application to locate an antenna on a building or structure certified by the Certified Local Governance (CLG) Committee as Historic shall be reviewed by the CLG.  Said committee's recommendations will be provided to the Planning & Commission.

      (5)  Aesthetics.  Towers shall be painted a non-contrasting gray or similar color to minimize visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).  Applicants shall utilize alternative design structures in order to minimize impacts of new towers on existing viewsheds wherever feasible.

      (6)  Advertising.  No advertising shall be permitted anywhere on the telecommunications facility other than identification signage.

      (7)  Discontinuance of Use.

            (a)        Providers planning to discontinue utilizing tower(s) shall provide written notification to the City Planner.  Said notification shall include contact name and phone number for the party responsible for the tower(s) and the date of discontinuance.

            (b)        Discontinued use of tower(s) for more than 180 days following notice shall result in the tower(s) being officially designated as abandoned.  The City Planner shall notify the owner/operator of said abandoned designation in writing.  The owner/operator shall have 180 days from the date of the City Planner's notice of abandoned designation to dismantle or reactivate the tower(s).

            (c)        Failure to dismantle/ reactivate the tower(s) within 180 days of the date of notice of abandoned designation shall be grounds for the City to dismantle the tower(s).  The City may assess costs associated with dismantling the tower(s) to the owner/operator or other responsible party.

      (8)  Lighting.  Towers shorter than 150 feet shall not be artificially lighted except to assure safety or as required by the FAA.  Security lighting around the equipment shelter shall be permitted.

      (9)  Security.  "No trespassing" signs shall be posted around the facility with a contact telephone number for emergencies.

      (10)  Access roadway.  The access roadway to the wireless telecommunications facility shall be paved with asphalt or concrete unless the wireless facility is an accessory use.  Wireless telecommunications facilities that are accessory uses may have unpaved, gravel access roadways, provided the access to the facility is via a private, paved surface (not directly onto a public street).  (Amended Ord. 2014-03, 4/15/14)

      D.  Commercial (B-2) & Industrial Districts (I-1 & I-2).

      Wireless telecommunications facilities proposed for commercial and industrial zoning districts (B-2, I-1 and I-2) shall comply with the General conditions noted in 13-814.C. as well as the following:

      (1)  A wireless telecommunications facility shall be permitted as the sole use on a lot provided:

            (a)        The lot meets the minimum lot size requirements for the district.

            (b)        The minimum distance to any R-E, R-1, R-2, R-3 or B-1 use or district line shall be 300 feet.  The minimum distance to any R-4, R-5 or R-6 use or district line shall be 100 feet or the height of the tower, whichever is more, unless collocated on an existing tower.

            (c)        Equipment shelter shall meet the minimum setbacks from the property lines associated with the zoning district.

            (d)        Tower shall be setback from property lines a distance equal or greater to the total height of the tower.

            (e)        Maximum tower height shall be 200 feet (I-2), 150 feet (I-1) and 75 feet (B-2).

            (f)        Equipment shelter shall be no larger than 500 square feet.

      (2)  A wireless telecommunications facility shall be permitted as an accessory use on a lot, provided:

            (a)        The facility complies with 13-814.D.(1)(b) - (f) of this section.

            (b)        The existing use on the property is a permitted, conditionally permitted or lawful nonconforming use.

            (c)        Placement of the wireless telecommunications facility shall not require the addition of an access drive onto a public street.

            (d)        Vehicular access to the wireless telecommunications facility shall not interfere with existing parking or vehicular circulation on the site.

      (3)  An antenna for a wireless telecommunications facility shall be attached to an be attached to an existing structure or building, provided:

            (a)        The maximum height shall not exceed 20 feet or 20% of the existing building height, whichever is greater.

            (b)        The equipment shelter, if not located on the building, shall comply with 13-814.D.(1)(c) and (f) of this section.

      E.   Low/Medium Density Residential (R-1, R-2 & R-3) & Neighborhood Commercial Districts (B-1).

      Wireless telecommunications facilities proposed for low/medium density residential and neighborhood commercial districts limited to R-1, R-2, R-3 & B-1 shall comply with the General conditions noted in 13-814.C. as well as the following:

      (1)  A wireless telecommunications facility shall be permitted as the sole use on a lot provided:

            (a)        The facility complies with 13-814.D.(1)(a) - (c) & (f) of this section.

            (b)        Tower shall be setback from property lines a distance equal or greater to the total height of the tower.

            (c)        Maximum tower height shall be less than 50 feet.

            (d)        Applicant submits written, notarized approval of 51% or more of the property owners owning property located within 200 feet of the boundaries of the property where the wireless telecommunications facility is proposed.

            (e)        Applicant submits written evidence indicating why it is not technically feasible to locate a wireless telecommunications facility in a commercial or industrial zone.

      (2)  A wireless telecommunications facility shall be permitted as an accessory use to an existing nonresidential use in an R-1, R-2, R-3 or B-1 zoning district on a lot provided:

  &nbs">            (a)        The existing use on the property is a permitted or conditionally permitted nonresidential use, including, but not limited to, a church, a school or a public building.

            (b)        The facility complies with 13-814.D.(1)(a) - (c) of this section.

            (c)        The facility complies with 13-814.D.(2)(c) - (d) of this section.

            (d)        Maximum tower height shall be less than 50 feet.

      (3)  A wireless telecommunications facility shall be permitted to be attached to an existing, nonresidential structure or building, provided:

            (a)        The existing structure complies with 13-814.E.(2)(a).

            (b)        The maximum height shall not exceed 20 feet.

            (c)        The equipment shelter, if not located on the building, shall comply with 13-814.D.(1)(c) and (f) of this section.

      F.  Medium (R-4) & High Density Residential (R-5 & R-6) Districts. 

      Wireless telecommunications facilities proposed for medium and high density residential districts, limited to R-4, R-5 & R-6, shall comply with the General conditions noted in 13-814.C. as well as the following:

      (1)  A wireless telecommunications facility shall be permitted as the sole use on a lot provided:

            (a)        The facility complies with 13-814mplies with 13-814.E.(1)(a) - (e) of this section, except that the maximum tower height may be increased to less than 75 feet.

      (2)  A wireless telecommunications facility shall be permitted as an accessory use to a nonresidential use on a lot provided:

            (a)        The facility complies with 13-814.E.(2)(a) - (d) of this section, except that the maximum tower height may be increased to less than 75 feet.

      (3)  A wireless telecommunications facility shall be permitted to attached to an existing structure or building, provided:

            (a)        The existing structure or building is a permitted, conditionally permitted or lawful, nonconforming use in the zoning district.

            (b)        The maximum height shall not exceed 20 feet.

            (c)        The equipment shelter shall meet the requirements of 13-814.E.(3)(c) of this section.

      G.  Other Districts

      (1)  Central Business District (B-3) a7 Business Residential District (B-R).  Wireless telecommunications facilities shall not be permitted in the B-3 and B-R Zoning Districts unless attached to an existing structure.  Said structure shall contain a permitted, conditionally permitted, or lawful non-conforming use.  Proposed facilities shall meet the remaining requirements of 13-814.E.(3)(b) - (c) of this section.

      (2)  Rural Estate District (R-E).  Wireless telecommunications facilities shall not be permitted in the R-E district.

      (3)  Open Space (O-1) District.  Wireless telecommunications facilities in the O-1 Zoning District shall meet the requirements of 13-814.E.

(Ord. No. 09-16, 10-6-2009).


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