[R.O. 2013 §545.010; Ord. No. 1353 §1(I), 9-15-1997]
A.
The
general purpose of this Section is to regulate the placement, construction
and modification of telecommunications towers, support structures,
and antennas in order to protect the health, safety and welfare of
the public, and to:
1.
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of Valley Park.
2.
Minimize adverse visual impacts of communications antennas and support
structure through design, siting, landscape screening and camouflaging
techniques.
3.
Maximize the use of existing and new support structures so as to
minimize the need to construct new or additional facilities.
4.
Maximize the co-location of facilities on support structures.
5.
Ensure that any new telecommunications tower or structure is located
in an area compatible with the neighborhood or surrounding community.
6.
Ensure that regulation of telecommunications towers and structures
does not have the effect of prohibiting the provision of personal
wireless services, and does not unreasonably discriminate among functionally
equivalent providers of such service.
7.
Ensure compliance with the Federal Telecommunications Act of 1996
P.L. No. 104-104, enacted on February 8, 1996. The purpose of the
Act included deregulation of the telecommunications industry and providing
a more competitive environment for wired and wireless telecommunication
services in the United States.
8.
Exercise the authority to enact legislation to regulate the construction,
placement, and operation of telecommunications towers and antennas
pursuant to its zoning powers established in Chapter 89, RSMo., and
additionally pursuant to its general and specific police powers established
by Statute authorizing the regulations herein to protect the public
health, safety and welfare.
10.
Controlled proliferation of towers in the City of Valley Park by
the adoption of new regulations would diminish property values, the
aesthetic quality of the City, and would otherwise threaten the health,
safety and welfare of the public.
[R.O. 2013 §545.020; Ord. No. 1353 §1(II), 9-15-1997]
For the purposes of this Section, the following terms shall
be deemed to have the meaning indicated below:
Clerk or other Zoning Enforcement Official designated by
the Board of Aldermen.
Ground level shall be determined by the average elevation
of the natural ground level within a radius of fifty (50) feet from
the center location of measurement.
Any device that transmits and/or receives radio waves for
voice, data, or video communications purposes including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennas less than two (2) meters in diameter (mounted within twelve
(12) feet of the ground or building-mounted) and any receive-only
home television antennas.
A structure for the protection and security of communications
equipment associated with one (1) or more antennas where direct access
to equipment is provided from the exterior and that has a horizontal
dimension that does not exceed four (4) feet by six (6) feet, and
vertical height that does not exceed six (6) feet.
Any freestanding, man-made structure designed for the support
of antennas, the presence of which is camouflaged or concealed as
an appropriately-placed architectural or natural feature. Depending
on the location and type of disguise used, such concealment may require
placement underground of the utilities leading to the structure. Such
structures may include, but are not limited to, clock towers, campaniles,
observation towers, water towers, light standards, flagpoles and artificial
trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the average grade of
the base of the structure at ground level to its highest point and
including the main structure and all attachments thereto.
Any addition, deletion, or change, including the addition
or replacement of antennas, or any change to a structure requiring
a building permit or other governmental approval.
A building for the protection and security of communications
equipment associated with one (1) or more antennas and where access
to equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected antennas is prohibited.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antennas
and including guyed towers, self-supporting (lattice) towers or monopoles
but not disguised support structures or buildings. The term shall
also not include any support structure including attachments of sixty-five
(65) feet or less in height owned and operated by an amateur radio
operator licensed by the Federal Communications Commission.
[R.O. 2013 §545.030; Ord. No. 1353 §1(III), 9-15-1997; Ord. No. 1811 §1, 1-19-2010]
A.
The
requirements set forth in this Section shall be applicable to all
towers, antennas and other support structures installed, built or
modified after 1997 to the full extent permitted by law.
1.
Principal or incidental use. Antennas and support
structures may be either a principal or incidental use in a commercial
zoning district or park.
2.
Building codes, safety standards, and zoning compliance. To ensure the structural integrity of antenna support structures,
the owner shall see that it is constructed and maintained in compliance
with all standards contained in applicable State and local building
codes and the applicable standards published by the Electronics Industries
Association, as amended from time to time. In addition to any other
approvals required by this Section, no antenna, tower, or support
structure shall be erected prior to receipt of a certificate of zoning
authorization and the issuance of a building permit.
3.
Regulatory compliance. All antennas and support
structures shall meet or exceed current standards and regulations
of the FAA, FCC and any other State or Federal agency with the authority
to regulate communications antennas and support structures. Should
such standards or regulations be amended, then the owner shall bring
such devices and structures 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.
4.
Security. All antennas 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 antennas 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 Administrator or by the Planning and Zoning Commission
in the case of a conditional use permit.
5.
Lighting. Antennas 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 antennas or support structure. Equipment
cabinets and shelters may have lighting only as approved by the Director
on the approved site development plan.
6.
Advertising. Unless 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.
7.
Design.
a.
Towers shall maintain a galvanized steel finish or, subject to the
requirements of the FAA or any applicable State or Federal agency,
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.
Antennas 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
and maintained 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 City
Administrator in the case of a permitted use or 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 shall be separated from any off-site single- or two-family
residential structure a distance equal to the height of the tower.
Towers on parcels adjacent to residentially zoned property shall meet
the setbacks of the applicable zoning district as are required for
a principal structure along the adjoining property line(s). Where
adjacent to non-residentially zoned property, towers shall maintain
setbacks as are required for accessory structures. A leased parcel
or subdivided site in a commercial, industrial or a planned commercial
or planned industrial zone shall contain a minimum of one thousand
nine hundred (1,900) square feet, notwithstanding any provisions pertaining
to minimum lot size in the applicable zoning designation of the proposed
site.
f.
Ground anchors of all guyed towers, if permitted, shall be located
on the same parcels as the tower and meet the setbacks of the applicable
zoning district.
g.
Vehicle or outdoor storage on any tower site is prohibited, unless
otherwise permitted by the zoning.
h.
On-site parking for periodic maintenance and service shall be provided
at all antenna or tower locations consistent with the underlying zoning
district.
8.
Shared use.
a.
Prior to the issuance of any permit to install, build or modify any
tower, the tower owner shall furnish the Administrator an inventory
of all of that owner's towers in or within one-half (½) mile
of the City limits of Valley Park and agree to shared use of such
facilities subject to such technical limitations and financial terms
as are reasonable. The inventory shall include the tower's reference
name and number, the street location, latitude and longitude, structure
type, height, type and mounting height of existing antennas and an
assessment of available ground space for the placement of additional
equipment shelters.
b.
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 unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by Subsection (8)(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 cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the City.
c.
Prior to any application for the construction of a new tower or disguised
support structure, a copy of the application or a summary containing
the height, design, location and type and frequency of antennas shall
be delivered by certified mail to all known potential tower users
as identified by a schedule maintained by the City. Proof of such
delivery shall be submitted with the application to the City. The
Administrator may establish a form required to be used for such notifications.
Upon request, the Administrator shall place on a list the name and
address of any user of towers or prospective user to receive notification
of applications. The Administrator shall, before deciding on the application
or forwarding it to the Planning and Zoning Commission for consideration,
allow all persons receiving notice at least ten (10) business days
to respond to the City applicant that the party receiving notice be
permitted to share the proposed tower. The failure of the receiving
party to use this process or respond to any such notice shall be considered
cause for denying requests by such party for new towers or structures.
d.
Any party seeking shared use of a tower subject to this provision
shall, after responding to notice of an application, negotiate with
the applicant for such use. The applicant may on a legitimate and
reasonable business basis choose between multiple requests for shared
use on the same tower or structure, and may reject any request where
legitimate technical obstacles cannot be reasonably overcome or where
the party requesting shared use will not agree to reasonable financial
terms. Any party believing that the applicant has breached its duty
to negotiate in good faith for shared use shall immediately notify
the applicant and the Administrator in writing. The Administrator
may reject the application upon a finding that shared use has been
improperly denied. A notice of breach of duty shall explain the precise
basis for the claim and shall be accompanied by payment of an administrative
review fee of five hundred dollars ($500.00) to the City to offset
the cost of review. After the applicant's receipt of the notice, the
applicant shall have ten (10) calendar days to provide a written statement
submission to the Administrator responding to the alleged violation
of the shared use requirement. If deemed necessary by the Administrator,
he/she may engage, at the cost of the party alleging the violation,
a neutral, qualified technical consultant to provide an opinion on
feasibility or costs of the shared use request. If the Administrator
receives a notice alleging a violation of the shared use requirement,
the time for a decision on an administrative permit is automatically
extended for up to thirty (30) days until the Administrator has determined
that the applicant has complied. An application for conditional use
permit shall not be deemed complete for acceptance until a decision
on compliance is reached.
[R.O. 2013 §545.040; Ord. No. 1353 §1(IV), 9-15-1997]
A.
The
placement as follows of antenna and towers are permitted in all zoning
districts other than residential:
1.
The attachment of additional or replacement antennas or shelters
to any tower existing on the effective date of this Section or subsequently
approved in accordance with these regulations, provided that additional
equipment shelters or cabinets are located within the existing tower
compound area.
2.
The mounting of antennas on any existing building or structure provided
that the presence of the antennas is concealed by architectural elements
or satisfactorily camouflaged by painting a color identical to surface
on which they are attached.
3.
The mounting of antennas on or within any existing high-voltage electric
transmission tower, but not exceeding the height of such tower by
more than ten (10) feet.
4.
The installation of antennas 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 Administrator.
[R.O. 2013 §545.050; Ord. No. 1353 §1(V), 9-15-1997]
A.
The
placement as follows of antenna and towers are permitted only by administrative
permit approved by the Administrator.
1.
The attachment of additional or replacement antennas or shelters
to any tower existing on the effective date of this Section 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.
2.
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.
3.
The placement of dual polar panel antennas on wooden or steel utility
poles not to exceed forty (40) feet in height provided that all related
equipment is contained in a cabinet.
4.
Towers erected and maintained for a period not to exceed thirty (30)
days for the purpose of replacing an existing tower, testing an existing
or proposed network, or special events requiring mobile towers.
[R.O. 2013 §545.060; Ord. No. 1353 §1(VI), 9-15-1997]
A.
Applications
for administrative permits shall be made on the appropriate forms
to the Administrator and accompanied by payment of the established
fee.
1.
A detailed site plan, based on a closed boundary survey of the host
parcel, shall be submitted indicating all existing and proposed improvements
including buildings, drives, walkway, parking areas and other structures,
public rights-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.
2.
The application shall be reviewed by the Planning and Zoning Commission
to determine compliance with the above standards.
3.
The Administrator 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
pursuant to Section 545.030(8). The Administrator 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 Administrator 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 this
Section. A decision to deny an application shall be made in writing,
and state the specific reasons for the denial.
[R.O. 2013 §545.070; Ord. No. 1353 §1(VII), 9-15-1997]
Appeals from the decision of the Administrator shall be made
in the same manner as otherwise provided for the appeal of administrative
decisions and directly to the Board of Aldermen.
[R.O. 2013 §545.080; Ord. No. 1353 §1(VIII), 9-15-1997]
A.
All proposals to install, build or modify an antenna or support structure not permitted by Sections 545.040 and 545.050, including proposals involving areas zoned "B" residential, shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission.
1.
Applications for conditional use permits shall be filed and processed subject to and in the manner and time frame as established in Section 405.610 of the Zoning Code. A decision by the 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.
2.
Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantive evidence that placement of an antenna or support structure pursuant to Section 545.040 (Permitted Use) or Section 545.050 (Administrative Permits) of this Chapter 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.
3.
Findings required. In addition to the determinations or limitations specified herein and by Section 405.610 for the consideration of conditional use permits, the 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 existing towers, structures
or buildings within the applicant's required geographic area unsuitable.
b.
The design of the tower or structure, including the antennas, 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.
c.
The proposal minimizes the number and/or size of towers or structures
that will be required in the area.
d.
The applicant has not previously failed to take advantage of reasonably
available shared use opportunities or procedures provided by this
Section or otherwise.
e.
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.
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If any one (1), but not more than one (1), of the first five
(5) 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.
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4.
Additional 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.
[R.O. 2013 §545.090; Ord. No. 1353 §1(IX), 9-15-1997]
Any upper portion of a tower which is not occupied by active
antennas for a period of twelve (12) months, and any entire tower
which is not so occupied for a period of six (6) months, shall be
removed at the owner's expense. Removal of upper portions of a tower
manufactured as a single unit shall not be required. Failure to comply
with this provision or to properly maintain the tower and premises
shall constitute a nuisance that may be remedied by the City at the
tower or property owner's expense.
[R.O. 2013 §545.100; Ord. No. 1353 §1(X), 9-15-1997]
Notwithstanding any right that may exist for a governmental
entity to operate or construct a tower or structure, it shall be unlawful
for any person to erect or operate for any private commercial purpose
any new antenna, tower or disguised support structure in violation
of any provision of this Section, regardless of whether such antenna
or structure is located on land owned by a governmental entity.
[R.O. 2013 §545.110; Ord. No. 1353 §1(XI), 9-15-1997]
Any person violating this provision shall be subject to a fine
of not more than five hundred dollars ($500.00) or ninety (90) days
in jail, or both. Each day the violation continues shall constitute
a separate offense.
