[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(81), 10-1-2003; Ord.
No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord.
No. 10-041 §48, 6-2-2010]
A.
Subject
to Subsection (D) below, telecommunication facilities are regulated
in the following zoning districts:
[Ord. No. 13-060 §1, 8-12-2013]
1.
"A" Agricultural District. Telecommunication facilities
are allowed in the Agricultural District only with the issuance of
a conditional use permit, provided that the distance from the center
of the base of the tower to the nearest property line shall not be
less than the height of the tower. The height of the proposed telecommunication
facility shall be stated in the conditional use permit. The minimum
distance between telecommunication towers shall be one (1) mile with
the issuance of the conditional use permit.
2.
"CO" Office District and "C1" Neighborhood Commercial District permit
telecommunication facilities to a height of sixty (60) feet for one
(1) user and to a height of eighty-five (85) feet for two (2) or more
users, provided that the distance from the center of the tower base
to the nearest "A" (Agricultural) or "R" (Residential) District property
line shall not be less than the height of the tower. Any telecommunication
facility[1] in excess of eighty-five (85) feet in height requires
the approval of a conditional use permit. The minimum distance between
telecommunication towers shall be one (1) mile.
[1]
Note—The word "facility" was not contained in the original
ordinance and has been editorially added after conferring with the
county.
3.
"C2" General Commercial District permits telecommunication facilities
to a height of one hundred (100) feet for one (1) user and to a height
of one hundred twenty-five (125) feet for two (2) or more users, provided
that the distance from the center of the tower base to the nearest
"A" (Agricultural) or "R" (Residential) District property line shall
not be less than the height of the tower. Any telecommunication facility
in excess of one hundred twenty-five (125) feet in height requires
the approval of a conditional use permit. The minimum distance between
telecommunication towers shall be one (1) mile.
4.
"I1" Light Industrial District and "I2" Heavy Industrial District
permit telecommunication facilities to a height of one hundred fifty
(150) feet for one (1) or two (2) users and to a height of one hundred
seventy-five (175) feet for three (3) or more users, provided that
the distance from the center of the tower base to the nearest "A"
(Agricultural) or "R" (Residential) District property line shall not
be less than the height of the tower. Any telecommunication facility
in excess of one hundred seventy-five (175) feet requires the approval
of a conditional use permit. The minimum distance between telecommunication
towers shall be one (1) mile except where telecommunication tower
farms are permitted.
5.
Existing structures. Telecommunication antennas
may be added to specific existing structures in any zoning district,
provided the device does not extend greater than five (5) feet above
the existing structure. Examples of these types of structures include
water towers, broadcast towers, fire stations, church steeples, billboards,
etc. Such telecommunication antennas shall be painted and/or textured
to match the existing structure on which it is installed. A telecommunication
antenna shall not be added or attached to a residence or a residential
structure other than exemptions in this Section.
B.
General Regulations Relating To Telecommunication Facilities.
1.
Except as permitted by a conditional use permit in the "I1", Light
Industrial District or "I2", Heavy Industrial District, only one (1)
telecommunication tower shall be allowed on an individual property.
2.
All towers shall be secured with fencing or anti-climbing devices.
3.
Stealth telecommunications facilities (concealed towers) may be located
in attics, steeples, towers, behind and below parapets or totally
concealed within a new architectural addition to a building or a structure.
On existing structures the antennas for telecommunication facilities
with stealth design shall not extend more than five (5) feet beyond
the edge of the attached structure and shall be painted and/or textured
to match the existing structure on which it is installed.
4.
No sign shall be allowed on the antennas, telecommunication facility,
or equipment enclosures other than the telecommunication company's
identification sign or warning signs not to exceed two (2) square
feet in area.
5.
The regulations concerning telecommunication towers shall prevail
when there are conflicts between the height limits and the building
setback standards of the respective zoning districts and these regulations.
6.
Telecommunication towers, guy wires, shelter structures and other
equipment, except for properties zoned "A" or "I", shall provide a
minimum setback of twenty-five (25) feet in all directions from the
property limits. Those properties zoned "I" must meet all setback
requirements of the zoning district. In the "A" Agricultural District
the minimum front, side and rear setbacks for the tower shall be equal
to the height of the telecommunication facility. All other structures
associated with the telecommunication facility in the "A", Agricultural
District shall meet the minimum principal structure setbacks.
7.
The design of the telecommunication facility shall maximize the use
of building materials, colors, textures, screening and landscaping
that effectively blend the facilities with the surrounding natural
setting and environment.
8.
No telecommunication tower shall be used for any other use other
than as an antenna support structure, except when such other use is
part of the applicant's efforts to camouflage the facility or have
a stealth design.
10.
The Planning and Zoning Division shall be notified within thirty
(30) days when a telecommunication facility is no longer in use for
communication purposes under County ordinance. All abandoned or unused
telecommunication facilities shall be removed from the property within
one hundred eighty (180) days of the ceasing of operations.
11.
An existing telecommunication facility may be replaced with a new
facility including for co-use under the existing facility’s
already approved land use or conditional use permit, provided the
existing facility is removed from the property. The new telecommunication
facility shall not exceed the height of the facility being replaced.
New facilities approved under this provision are not exempt from other
requirements of this Unified Development Ordinance (such as requirements
for site plan approval) or of the Building Code of St. Charles County.
[Ord. No. 13-060 §1, 8-12-2013]
12.
Telecommunication farms shall have all towers of similar design and
height. Said farm shall not contain more than three (3) towers per
acre.
13.
Exemptions: The following are considered exempt
telecommunication facilities, and are not governed by this Section
when erected as an accessory structure:
a.
A single telecommunication antenna for the sole use of the tenant
or owner occupying a residential parcel and used as accessory to the
permitted use of such property. Such antenna shall conform to the
height and setback requirements of the district they are located in.
b.
A single telecommunication facility, which is accessory to the principal[3] non-residential use of the property. Such facilities shall
conform to the height and setback requirements of the district they
are located in.
[3]
Note—The word "principal" was changed from the word
principle which was contained in the original ordinance editorially
after conferring with the county.
C.
Permitting Requirements.
[Ord. No. 13-060 §1, 8-12-2013]
1.
Applicants for land use permits or for conditional use permits for
telecommunication facilities or towers shall provide the Planning
and Zoning Division with a detailed site plan for review and approval
along with their permit applications, except those for towers of stealth
design. Such detailed site plans shall include or show: the location
of the proposed tower and all other elements of a telecommunication
facility, fencing or anti-climbing devices, and their distances from
all property lines, from all other structures on the site, and from
all structures on adjoining properties.
2.
In addition to the detailed site plans required above, all applications
for land use permits or for conditional use permits for telecommunication
facilities or towers shall also include or be accompanied by:
a.
An application form provided by the Division of Planning and
Zoning and completed and signed by the applicant;
b.
The application fee required by ordinance;
c.
A copy of a lease, letter of authorization or other agreement
from the property owner evidencing applicant's right to pursue the
application;
d.
Locations of all telecommunication towers within two (2) miles
of the proposed telecommunication facility or tower;
e.
Height of the proposed telecommunication tower;
f.
Email address (as well as mailing address and telephone and
fax numbers) of the applicant, property owner and consulting engineer;
and
g.
Certification by St. Charles County's Emergency Communications
System Manager that the telecommunication tower sought to be permitted
will have no detrimental impact upon any microwave transmission path
or paths of the Emergency Communications System.
3.
Upon submission of applications for land use permits or for
conditional use permits required by this section, the Division of
Planning and Zoning shall immediately send the applicant written notice
that:
4.
Incomplete applications shall be deemed abandoned if deficiencies
are not cured within thirty (30) days or within such additional time
as the applicant may request pursuant to these regulations.
5.
If an application is for a conditional use permit, it shall
be set for hearing by the Planning and Zoning Commission at its next
scheduled meeting; provided however, that:
6.
An applicant may make a written and signed request for an additional
thirty-day period to cure deficiencies as provided herein:
7.
Conditional use permits shall be required:
b.
In the case of any application for a site or site plan that does not meet spacing or setback standards stated in Subsection (A), above, and notwithstanding any other provision of this Unified Development Ordinance, adjustments to those spacing or setback standards shall be granted only by approval of conditional use permits and only for good cause stated and shown.
8.
Where conditional use permits are required by these regulations,
applications for such permits shall be accepted for filing only on
the application deadline date published on the St. Charles County
Government website, which shall be the 21st day prior to the next
scheduled meeting of the Planning and Zoning Commission.
