[Ord. No. 2006.19 §1, 6-12-2006]
A. The
requirements set forth in this Section shall be applicable to all
towers, antennae and other support structures installed, built or
modified after the effective date of this Chapter to the full extent
permitted by law.
1. Principal or incidental use. Antennae and support
structures may be either a principal use in all zoning districts or
an incidental use to institutional or non-residential uses, subject
to any applicable district requirement relating to minimum yards or
setbacks.
2. Regulatory compliance. All antennae and support
structures shall meet or exceed current standards and regulations
of the BOCA, FAA, FCC and any other State or Federal agency with the
authority to regulate communications antennae and support structures.
Should such standards or regulations be amended, then the owner shall
bring such devices and structure into compliance with the revised
standards or regulations within the time period mandated by the controlling
agency. No approval for any placement, construction or modification
of any antenna or structure permitted by this Section shall be granted
for any applicant having an uncured violation of this Section or any
other governmental regulatory requirement related to such antenna
or structures within the City.
3. Security. All antennae and support structures shall
be protected from unauthorized access by appropriate security measures.
A description of proposed security measures shall be provided as part
of any application to install, build or modify antennae or support
structures. Additional measures may be required as a condition of
the issuance of a building permit or administrative permit as deemed
necessary by the administrative officer or by the Planning and Zoning
Commission in the case of a conditional use permit.
4. Lighting. Antennae and support structures shall
not be lighted unless required by the FAA or other State or Federal
agency with authority to regulate, in which case a description of
the required lighting scheme will be made a part of the application
to install, build or modify the antennae or support structure. Equipment
cabinets and shelters may have lighting only as approved by the administrative
officer on the approved site plan.
5. Advertising. Except for a disguised antenna support
structure in the form of an otherwise lawfully permitted pylon sign,
the placement of advertising on structures regulated by this Section
is prohibited.
6. Design.
a. Subject to the requirements of the FAA or any applicable State or
Federal agency, towers shall be painted a neutral color consistent
with the natural or built environment of the site.
b. Equipment shelters or cabinets shall have an exterior finish compatible
with the natural or built environment of the site and shall also comply
with any design guidelines as may be applicable to the particular
zoning district in which the facility is located.
c. Antennae attached to a building or disguised antenna support structure
shall be of a color identical to or closely compatible with the surface
to which they are mounted.
d. All towers shall be surrounded by a minimum six (6) foot high decorative
wall constructed of brick, stone or comparable masonry materials and
a landscape strip of not less than ten (10) feet in width and planted
with materials, which will provide a visual barrier to a minimum height
of six (6) feet. The landscape strip shall be exterior to any security
wall. In lieu of the required wall and landscape strip, an alternative
means of screening may be approved by the administrative officer in
the case of use permitted by administrative permit or by the Planning
and Zoning Commission in the case of a conditional use permit upon
demonstration by the applicant that an equivalent degree of visual
screening will be achieved.
e. All towers, disguised support structures and related structures,
fences and walls shall be separated from the property line of any
adjacent property zoned for a residential use at least a distance
equal to the height of the tower and shall be separated from all other
adjacent property lines at least a distance equal to one-half (½)
of the height of the tower or structure.
f. Vehicle or outdoor storage on any tower site is prohibited, unless
otherwise permitted by the zoning.
g. On-site parking for periodic maintenance and service shall be provided
at all antenna or tower locations consistent with the underlying zoning
district.
7. Shared use.
a. Existing towers. Prior to the issuance of any permit
to alter or modify any tower existing on the effective date of this
Article, the owner shall provide to the City a written and notarized
agreement committing to make said tower available for use by others
subject to reasonable technical limitations and reasonable financial
terms. The willful and knowing failure of a tower owner to agree to
shared use or to negotiate in good faith with potential users shall
be unlawful and shall, among other remedies of the City, be cause
for the withholding of future permits to the same owner to install,
build or modify antennae or towers within the City.
b. Shared use required — new towers. Any new tower approved at a height of sixty (60) feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one (1) additional user. A written agreement committing to shared use as required by Subsection
(7)(a). shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall be a violation of this Article and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the City.
8. Permitted uses. The placement of antennae and towers
are permitted in all zoning districts only as follows:
a. The attachment of additional or replacement of antennae or shelters
to any tower existing on the effective date of this Article or subsequently
approved in accordance with these regulations, provided that additional
equipment shelters or cabinets are located within the existing tower
compound area.
b. The mounting of antennae on any existing building or structure, such
as a water tower, provided that the presence of the antennas is concealed
by architectural elements or fully camouflaged by painting a color
identical surface to which they are attached.
c. The mounting of antennae on or within any existing high-voltage electric
transmission tower, but not exceeding the height of such tower by
more than ten (10) feet.
d. The installation of antennae or the construction of a tower or support
structure on buildings or land owned by the City following the approval
of a lease agreement by the Board of Aldermen.
9. Authorization by administrative permit. The placement
of antennae and towers are permitted in all zoning districts by administrative
permit approved by the zoning administration only as follows:
a. The attachment of additional or replacement antennae or shelters
to any tower existing on the effective date of this Article or subsequently
approved in accordance with these regulations and requiring the enlargement
of the existing tower compound area as long as all other requirements
of this Section and the underlying zoning district are met.
b. The one time replacement of any tower existing on the effective date
of this Article or subsequently approved in accordance with these
regulations so long as the purpose of the replacement is to accommodate
shared use of the site or to eliminate a safety hazard. The new tower
shall be of the same type as the original except that a guyed or self-supporting
(lattice) tower may be replaced by a monopole. If the guyed or lattice
tower to be replaced is one hundred eighty (180) feet or less in height,
it shall only be replaced with a monopole. The height of the new tower
may exceed that of the original by not more than twenty (20) feet.
Subsequent replacements shall require the approval of a conditional
use permit.
c. The construction of a disguised support structure provided that all
related equipment shall be placed underground or concealed within
the structure when the structure is located in any district other
than a district authorizing industrial uses. Equipment may be placed
in a cabinet if the disguised support structure is incidental to an
industrial, commercial, institutional or other non-residential use.
d. The placement of dual polar panel antennae on wooden or steel functioning
utility poles not to exceed forty (40) feet in height in any residentially
zoned district and on any such poles (or functional replacement poles
of no greater height) existing in any other district on the date of
adoption of this Article. All related equipment for antennae permitted
by this Subsection shall be wholly contained in a cabinet.
e. Towers erected and maintained for a period not to exceed forty-five
(45) days for the purpose of replacing an existing tower, testing
an existing or proposed network or special events requiring mobile
towers.
10. Application procedures. Applications for administrative
permits shall be made on the appropriate forms to the administrative
officer and accompanied by payment of five hundred dollars ($500.00)
or such other fee as may be established by the Board of Aldermen.
a. A detailed site plan, based on a closed boundary surrey of the host
parcel, shall be submitted indicating all existing and proposed improvements
including buildings, drives, walkway, parking areas and other structures,
public right-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features and the coordinates and height AGL of the existing or proposed
tower.
b. The application shall be reviewed by the zoning administration to
determine compliance with the above standards and transmit the application
for review and comment by other departments and public agencies as
may be affected by the proposed facility
c. The administrative officer shall issue a decision on the permit within
forty-five (45) days of the date of application or the application
shall be deemed approved unless the time period for review and action
was extended. The administrative officer may deny the application
or approve the application as submitted or with such modifications
as are, in his/her judgment, reasonably necessary to protect the safety
or general welfare of the citizens consistent with the purposes of
this Section. The administrative officer may consider the purposes
of this Section and the factors established herein for granting a
conditional use permit as well as any other considerations consistent
with the Article. A decision to deny an application shall be made
in writing and state the specific reasons for the denial.
d. Appeals. Appeals from the decision of the administrative
officer shall be made in the same manner as otherwise provided for
the appeal of administrative decisions.
11. Conditional use permit required. All proposals to
install, build or modify an antenna or support structure not permitted
by an administrative permit as listed above shall require the approval
of conditional use permit following a duly advertised public hearing
by the Planning and Zoning Commission, subject to the forthcoming
limitations.
a. Applications. Applications for conditional use permits shall be filed and processed subject to the requirements herein and those established in Article
X. A decision by the Planning and Zoning Commission shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
b. Additional minimum requirements. No conditional
use permit shall be issued unless the applicant has clearly demonstrated
by substantial evidence that placement of an antenna or support structure
pursuant to the City's permitted uses requirements or administrative
permit requirements provided herein is not technologically or economically
feasible. The Planning and Zoning Commission may consider current
or emerging industry standards and practices, among other information,
in determining feasibility.
12. Findings required. In addition to the conditional use permit requirements in Article
X, the Planning and Zoning Commission shall also base its decision upon and shall make findings as to the existence of the following conditions:
a. No existing towers, structures or buildings within the necessary
geographic area for the applicant's tower meet the applicant's necessary
engineering requirements considering (1) height, (2) structural strength,
(3) resulting signal interference, (4) feasibility of retrofitting,
(5) feasibility of redesigning the applicant's tower network, or (6)
other limiting conditions that render towers, structures or buildings
within the applicant's required geographic area unsuitable.
b. Applications for a new tower structure shall be considered only after
a letter, certified by a radio frequency engineer, clearly demonstrates
that the planned telecommunication equipment cannot be accommodated
on an existing or approved transmission tower and clearly demonstrates
one (1) or more of the following conditions:
(1)
Planned telecommunications equipment would exceed the structural
capacity of an existing or approved transmission tower and the transmission
tower cannot be reinforced to accommodate planned telecommunication
equipment at a reasonable cost.
(2)
Planned telecommunications equipment will cause radio frequency
interference with other existing or planned telecommunications equipment
for that transmission tower and the interference cannot be prevented
at a reasonable cost.
(3)
Existing or approved towers do not have space on which the planned
telecommunications equipment can be placed so it can function effectively
and at least in parity with other similar telecommunications equipment
in place or approved by the City or St. Francois County.
(4)
Other reasons that make it impractical to place the telecommunications
equipment planned by the applicant on an existing and approved transmission
tower.
c. No application for a new tower structure shall be considered unless
the applicant is unable to lease or otherwise secure space on an existing
or planned telecommunication tower.
(1)
Shared use of an existing or approved tower shall be conditioned
upon the applicant's agreement to pay reasonable fees and costs associated
with adapting existing facilities to the proposed use including, but
not limited to, reasonable costs for reinforcing or modifying a tower
or structure, for preventing radio frequency interferences and other
changes reasonably required to accommodate shared use.
(2)
The City may consider expert testimony to determine whether
the fees and costs are reasonable.
(3)
Once the City finds that the telecommunications equipment proposed
by the applicant cannot be accommodated on an existing or approved
tower, each tower so found is presumed unable to accommodate similar
equipment that may be proposed in the future, unless evidence is introduced
to demonstrate otherwise.
d. That the design of the tower or structure, including the antennae,
shelter and ground layout maximally reduces visual degradation and
otherwise complies with provisions and intent of this Section. New
towers shall be of a monopole design, unless it is shown that an alternative
design would equally or better satisfy this provision.
e. That the proposal minimizes the number and/or size of towers or structures
that will be required in the area.
f. That the applicant has not previously failed to take advantage of
reasonably available shared use opportunities or procedures provided
by this Section.
g. That no land owned by any agency of the Federal or State Government
or by any political subdivision of the State is available for locating
the structure or tower.
13. Additional studies. The City may require, at the
expense of the petitioner, any additional studies or the hiring of
an external consultant to review exhibits and/or other requirements
in accordance with this Section. If any one (1), but not more than
one (1), of the first six (6) determinations is not satisfied, approval
may be granted only on a finding of unique circumstances otherwise
necessitating approval to satisfy the purposes of this Section.
14. Additional height limitations. No tower shall be
approved at a height exceeding one hundred fifty (150) feet AGL unless
the applicant clearly demonstrates that such height is required for
the proper function of the applicant's system or that of a public
safety communications system of a governmental entity sharing the
tower. Such showing must also be supported by the opinion of a telecommunications
consultant hired by the City at the expense of the applicant. The
opinion of the consultant shall include a statement that no available
alternatives exist to exceeding the height limit or the reason why
such alternatives are not viable.