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Applicant letter re requiremnts MASTERPLAN February 6, 1991 Ms. Taryon Bowman Planning Department City of Coppell Coppell, Texas RE: Radio, television or radio tower use in LI district Dear Ms. Bowman: I have reviewed the zoning ordinance for the radio tower use in Light Industrial zoning. The LI district provides a list of uses permitted. The LI district also provides a separate section for Height Regulations (25.2). In order to save space and not retype the same list of uses in the LI district section as are listed in the Commercial (C) section, the code simply says that all uses permitted in the C district are permitted in the LI district. You mentioned that since the use we request in the LI district is among the list of uses permitted in the C district and LI district then this use must also follow other conditions of the C district, such as height limits in the C district. The C district and LI district have separate height limit sections. It is my interpretation of the ordinance that all uses permitted in the LI district must conform to all LI district regulations such as height, setbacks, F.A.R., coverage, etc. While some uses are permitted in the C district and L! district other standards such as height, setbacks, F.A.R. and coverage are regulated by the zoning district they are in and not by the use. Section 25 of the zoning ordinance provides for the Light Industrial district (LI). Use regulations (Section 25.1) include a list of uses permitted by right in the LI district. The first permitted use in the list is "1. Any use permitted in any of the "R", and "C" districts." Section 23.1 is the "Use Regulations" for the "C" Commercial district. This includes section 23.1 (9) Radio, television or micro-wave tower or micro-wave receiving dish. Clearly, the radio, television or micro-wave tower is a permitted use in the LI district. Height is regulated by section 25.2 and is a separate regulation, which covers all uses in the LI district. 50C Sct, tr' Er...-aff Bu.;d~ng Sd~te 12lA Daiwa. s, T~xa$ 75201 2!~ ,~61 9!97 Ms. Taryon Bowman February 6, 1991 Page 2 Section 29 - Specific Use Permits This section of the code provides for SUP regulations and lists uses under each zoning district which require an SUR Section 29.11 is the part of the code that lists uses which require a SUP in the "LI" Light Industrial district. The use: "Radio, television or micro-wave tower" is not on this list. You suggested, I believe, that a SUP may be required to permit the radio tower in the LI district if the tower's height exceeds the height permitted in the "C" district. The code provides for the SUP to permit certain uses in certain districts which are otherwise not permitted. The radio tower use is permitted by right in the LI district. The SUP regulations do not indicate that an SUP is needed to permit uses in the "C" district to be permitted in "LI" district. Conclusion: The Radio, television or micro-wave tower is permitted in the LI district (see section 21.1 (1)). The height limit is governed by section 25.2 of the zoning ordinance in the LI district. If any use is permitted in the LI district, it is subject to LI district regulations and not regulations of other districts unless specified in the LI district regulations. I would be happy to discuss this or answer any questions you may have. Thank you for all the time you have given me. eter Kavana~g~-~ PK/It