[CC 1985 § 26-300; Ord. No. 630 § 1, 2-7-2000]
A.
The general purpose of this Chapter is
to regulate the placement, construction, and modification of towers
and telecommunications facilities in order to protect the health,
safety, and welfare of the public, while at the same time not unreasonably
interfering with the development of the competitive wireless telecommunications
marketplace in the City.
B.
Specifically, the purposes of this Chapter
are:
1.
To regulate the location of towers
and telecommunications facilities in the City;
2.
To protect residential areas, and
land uses from potential adverse impact of towers and telecommunications
facilities;
3.
To minimize adverse visual impact
of towers and telecommunications facilities through careful design,
siting, landscaping, and innovative camouflaging techniques;
4.
To promote and encourage shared use/co-location
of towers and antenna support structures as a primary option rather
than construction of additional single-use towers;
5.
To avoid potential damage to property
caused by towers and telecommunications facilities by ensuring that
such structures are soundly and carefully designed, constructed, modified,
maintained, and removed when no longer used or determined to be structurally
unsound;
6.
To ensure that towers and telecommunications
facilities are compatible with surrounding land uses;
7.
To facilitate the provision of wireless
telecommunications services to the residents and businesses of the
City in an orderly fashion; and
8.
To encourage the location of towers
in industrial and business districts, rather than residential areas.
[CC 1985 § 26-301; Ord. No. 630 § 1, 2-7-2000]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
Any building or other structure sixty (60) feet in height
or taller other than a tower that can be used for location of telecommunications
facilities.
Any person that applies for a tower development permit.
The process by which the owner of a plot of land within the
City submits a request to develop, construct, build, modify, or erect
a tower upon such land. "Application" includes all written documentation,
verbal statements, and representations, in whatever form or forum,
made by an applicant to the City concerning such a request.
The City of St. James, Missouri.
An electrical engineer licensed by the State of Missouri.
A tower that is in existence or is being constructed on the
effective date of this Chapter.
Any person with fee simple title to any legal lot of record
within the City who desires to develop, construct, build, modify or
erect, or allow the development, construction, building, modification
or erection, of a tower upon such land.
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit
or not-for-profit.
A radio frequency engineer licensed by the State of Missouri.
All equipment necessary for processing of traffic received
from terrestrial distributions prior to transmission via satellite
and of traffic received from the satellite prior to transfer of channels
of communications to terrestrial distribution systems.
The State of Missouri.
Any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities associated with the transmission or
reception of communications (other than radio or television broadcast
communications) which a person seeks to locate or have installed upon
or near a tower or antenna, support structure. However, the term "telecommunications
facilities" shall not include:
A self-supporting lattice, guyed, or monopole structure constructed
from grade that supports telecommunications facilities. The term "tower"
shall not include amateur radio operators' equipment, as licensed
by the FCC.
The person that owns or controls a tower.
[CC 1985 § 26-302; Ord. No. 630 § 1, 2-7-2000]
A.
A tower shall be a permitted use of land in all non "R-1," "R-2" and "B-1" zoned areas subject to the setback and height restrictions contained in Sections 425.050 and 425.060. Further, no person shall build, erect, or construct a tower upon any land used or zoned for residential purposes unless a conditional use permit shall have been issued by the City Council of the City. Application shall be made to the City Engineer in the manner provided in Chapters 400 through 415 of the Code of Ordinances.
B.
The City may authorize the use of City
property in appropriately zoned districts in accordance with the procedures
of the City Code. The City shall have no obligation whatsoever to
use City property for such purposes.
C.
No new tower shall be built, constructed,
or erected in the City unless such tower is capable of supporting
another person's operating telecommunications facilities comparable
in weight, size, and surface area to the telecommunications facilities
installed on the applicant's tower.
D.
An application to develop a tower shall
include:
1.
The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner, and the name, address, telephone number of the owner, shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provisions in Section 425.170 of this Chapter regarding abandonment; and
2.
The legal description, City parcel
number, and address of the parcel of land upon which the tower is
situated; and
4.
A written opinion from a radio frequency
engineer that the proposed site of the tower or telecommunications
facilities does not pose a risk of explosion, fire, or other danger
due to its proximity to volatile, flammable, explosive, or hazardous
materials, such as LP gas, propane, gasoline, natural gas, or corrosive
or other dangerous chemicals; and
5.
A map of the City and the first three
(3) miles of all bordering land showing the design of the applicant's
entire existing or proposed wireless telecommunications network. Such
map shall, at minimum, indicate the exact location of all proposed
or existing tower and antenna sites, their dimensions, specifications,
and signal area coverage; and
6.
Color photo simulations showing the
proposed site of the tower with a photo-realistic representation of
the proposed tower as it would appear viewed from the closest residential
property and from adjacent roadways, as determined by the City Engineer.
The photo simulations shall be taken at five (5) to six (6) feet above
the ground at locations most visible to residents and the general
public; and
7.
The results of any drive test data
or other computerized signal area coverage studies conducted by the
applicant within the City, including a non-technical description of
the results of the studies and implications for tower siting in the
City; and
8.
An application fee of one thousand
dollars ($1,000.00) that represents the building permit fee and conditional
use permit fee, as otherwise required. The City reserves the right
to employ an outside consultant to review any application. The applicant
shall reimburse the City for the expense related to such review as
an additional fee, which fee shall not to exceed two thousand five
hundred dollars ($2,500.00) per application; and
9.
A site plan, including a description
of the lot lines, setbacks, location and use of adjacent structures,
proposed location of the tower, distance between telecommunications
facilities, proposed tower height, landscaping, screening, access,
parking, and security; and
10.
Any one (1) of the following or a
combination thereof:
a.
Written documentation that the applicant
made diligent but unsuccessful efforts for permission to install or
co-locate the applicant's telecommunications facilities on City-owned
towers or usable antenna support structures located within a one-half-mile
radius of the proposed tower site; or
b.
Written documentation that the applicant
made diligent but unsuccessful efforts to install or co-locate the
applicant's telecommunications facilities on towers or usable antenna
support structures owned by other persons located within a one-half-mile
radius of the proposed tower site; or
c.
Written, technical evidence from
a radio frequency engineer that the proposed tower or telecommunications
facilities cannot be installed or co-located on another person's tower
or usable antenna support structure located within a one-half-mile
radius of the proposed tower site and must be located at the proposed
site in order to meet the coverage requirements of the applicant's
wireless communications system.
11.
All information submitted with an
application that is trade secret information or is for other reasons
proprietary shall be clearly marked as such when submitted with an
application. The City shall not disclose publicly or to any third
party proprietary information unless compelled to do so by Federal,
State, or local law.
[CC 1985 § 26-303; Ord. No. 630 § 1, 2-7-2000]
A.
In order to ensure that the City's public
safety radio services will be free from harmful or destructive interference,
all applicants requesting a permit to site a tower or telecommunications
facilities must:
1.
Demonstrate compliance with nationally
accepted engineering practices;
2.
Demonstrate that the telecommunications
facilities will not induce harmful or destructive interference to
the City's public safety radio services;
3.
Comply with FCC regulations at 47
CFR Parts 15 and 90 regarding susceptibility to radio frequency interference,
frequency coordination requirements, general technical standards for
power, antenna, bandwidth limitations, frequency stability, transmitter
measurements, operating requirements, and any and all other Federal
statutory and regulatory requirements relating to Radio Frequency
Interference ("RFI"); and
4.
In the case of co-location of telecommunications
facilities either in the same location or on the same tower as the
City's, comply with FCC emissions requirements and not radiate any
RFI or any Electromagnetic Interference ("EMI") that may interfere
with the City's public safety radio services.
[CC 1985 § 26-304; Ord. No. 630 § 1, 2-7-2000]
A.
All towers in the vicinity of areas zoned
residential shall be set back on all sides from any parcel zoned "R-1,"
"R-2" and "B-1" a distance equal to the height of the tower.
B.
Setback requirements for towers shall be
measured from the base of the tower to the property line of the parcel
on which it is located.
C.
The minimum tower separation distance shall
be calculated and applied irrespective of City and County jurisdictional
boundaries.
D.
Every tower shall be designed to fall within
the boundaries of the parcel on which the tower is located.
[CC 1985 § 26-305; Ord. No. 630 § 1, 2-7-2000]
A.
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of fifty (50) meters. Towers may be permitted in excess of fifty (50) meters in accordance with Section 425.160, Special Exceptions, of this Chapter.
B.
The tower height shall be measured from
the lowest adjoining grade to the highest point of construction and
any attachment thereto.
[CC 1985 § 26-306; Ord. No. 630 § 1, 2-7-2000]
Towers shall not be artificially
illuminated except as required by the Federal Aviation Administration
("FAA"). Upon application for construction of a tower, when required
by Federal law, dual mode lighting shall be requested from the FAA.
A tower with dual mode lighting shall have, at the top of the tower,
lights that shine red in the evening and nighttime and that strobe
in the daytime.
[CC 1985 § 26-307; Ord. No. 630 § 1, 2-7-2000]
A six-foot strip of landscaping is
required completely around parcels containing towers, antenna support
structures, or telecommunications facilities, and shall be designed
to screen the tower antenna support structure and telecommunications
facilities to a height of at least eight (8) feet from the grade.
[CC 1985 § 26-308; Ord. No. 630 § 1, 2-7-2000]
All towers must be reasonably posted
and secured to protect against trespass. At a minimum, an eight-foot
security fence shall be placed behind the landscaping.
[CC 1985 § 26-309; Ord. No. 630 § 1, 2-7-2000]
Access shall be provided to all legal
lots of record upon which towers are located. At least one (1) paved
vehicular parking space shall be provided on site.
[CC 1985 § 26-310; Ord. No. 630 § 1, 2-7-2000]
A.
All towers shall be designed and certified
by a structural engineer to be structurally sound and in conformance
with the requirements of the City's adopted Building and Electric
Codes and all other construction standards set forth by this Chapter
and other City Code Sections,[1] as well as Federal and State law. This certification shall be required prior to the issuance of any building permit(s). For new monopole towers, such certification shall be submitted with an application pursuant to Section 425.030(D) and every five (5) years thereafter; for existing monopole towers, such certification shall be submitted within sixty (60) days of the effective date of this Chapter and then every five (5) years thereafter; for new lattice or guyed towers, such certification shall be submitted with an application pursuant to Section 425.030(D) and every two (2) years thereafter; and for existing lattice or guyed towers, such certification shall be submitted within sixty (60) days of the effective date of this Chapter and then every two (2) years thereafter. The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural or electrical integrity of the tower is jeopardized.
B.
The City and its agents shall have authority
to enter onto the property upon which a tower is located, between
the inspections and certifications required above, to inspect the
tower for the purpose of determining whether it complies with the
City's Building and Electric Codes, the National Electric Safety Code
and all other construction standards provided by the City's Code and
Federal and State law.
C.
The City reserves the right to conduct
such inspections at any time, upon reasonable notice to the tower
owner. All expenses related to such inspections by the City shall
be borne by the tower owner.
[CC 1985 § 26-311; Ord. No. 630 § 1, 2-7-2000]
A.
Tower owners shall at all times employ
ordinary and reasonable care and shall install and maintain in use
nothing less than commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage, injuries,
or nuisances to the public.
B.
Tower owners shall install and maintain
towers, telecommunications facilities, wires, cables, fixtures, and
other equipment in substantial compliance with the requirements of
the National Electric Safety Code and all FCC, State and local regulations,
and in such manner that will not interfere with the use of other property.
C.
All towers, telecommunications facilities,
and antenna support structures shall at all times be kept and maintained
in good condition, order, and repair so that the same shall not menace
or endanger the life or property of any person.
D.
Licensed maintenance and construction personnel
shall perform all maintenance or construction of towers, telecommunications
facilities, or antenna support structures.
E.
All towers shall maintain compliance with
current radio frequency emission standards of the FCC. In order to
provide information to its citizens, copies of ongoing FCC information
concerning wireless communications facilities and radio frequency
emission standards shall be made available to the City and updated
annually. Applicants shall be required to provide information on the
projected power density of the facility and how this meets FCC standards.
F.
In the event the use of a tower is discontinued by the tower owner, or in the event a tower owner files notice to the FCC of its interest to cease operating, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. The tower owner shall also post a bond or other acceptable financial security as required in Section 425.170(B).
[CC 1985 § 26-312; Ord. No. 630 § 1, 2-7-2000]
All towers and telecommunications
facilities shall be designed to blend into the surrounding environment.
[CC 1985 § 26-313; Ord. No. 630 § 1, 2-7-2000]
A.
Any telecommunications facilities which
are not attached to a tower may be permitted as an accessory use to
any antenna support structure at least thirty (30) feet tall, regardless
of the zoning restrictions applicable to the zoning district where
the structure is located. Telecommunications facilities are prohibited
on all other structures.
B.
Any telecommunications facilities and their
appurtenances located upon the roof of an antenna support structure
are set back a distance at least equal to the height of the telecommunications
facilities from the edge of the roof of the antenna support structure.
However, this setback requirement shall not apply to telecommunications
facilities and their appurtenances located above the roof of an antenna
support structure if such facilities are appropriately screened from
view through the use of panels, walls, fences, or other screening
techniques approved by the City. Setback requirements shall not apply
to stealth antennas which are mounted to the exterior of antenna support
structures below the roof, but which do not protrude more than twelve
(12) inches from the side of such antenna support structure.
C.
The owner of such structure shall, by written certification to the City Engineer, verify that the combined height of the telecommunications facilities and antenna support structure, as measured from the highest adjoining finishes grade of the antenna support structure, shall not exceed the maximum allowable height required by the zone district in which the telecommunications facilities and antenna support structure is located. For "B-2," "I-1," and "I-2" Districts, the telecommunications facilities shall not exceed the height of the highest point of construction of the antenna support structure unless it complies with Subsection (B) of this Section. The owner shall also certify that the tower, telecommunications facilities and antenna support structure meet all of the requirements of the City's Code of Ordinances.
[CC 1985 § 26-314; Ord. No. 630 § 1, 2-7-2000]
A.
An existing tower may be modified or demolished
and rebuilt to accommodate co-location of additional telecommunications
facilities as follows:
1.
Application for a permit shall be
made to the City Engineer who shall have the authority to issue a
permit without further approval by the City Council.
2.
The total height of the modified
tower and telecommunications facilities attached thereto shall not
exceed the maximum height for towers allowed under this Chapter.
3.
A tower which is being rebuilt to
accommodate the co-location of additional telecommunications facilities
may be relocated on the same parcel subject to the setback requirements
of this Chapter.
[CC 1985 § 26-315; Ord. No. 630 § 1, 2-7-2000]
A.
The Board of Adjustment may grant a special
exception permit in accordance with the procedures contained in the
Code of Ordinances for the following requirements:
B.
Determination Required.
1.
The Board of Adjustment, in considering
special exception requests, may grant a special exception if a person,
upon application to the City, demonstrates with written evidence that:
a.
The location, shape, appearance,
or nature of use of the proposed tower will not substantially detract
from the aesthetics of the area nor change the character of the neighborhood
in which the tower is proposed to be located; and
b.
The site plan development modification
will not create any threat to the public health, safety, or welfare.
2.
In addition to the requirements of Subsection (A) of this Section, in the following cases, the applicant must also demonstrate with written evidence, the following:
a.
In the case of a requested modification to the setback requirement, that the area of the parcel of land upon which the tower is proposed to be located makes compliance with Section 425.050 of this Chapter impossible, and the only alternative for the person is to locate the tower at another site which poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land; or
b.
In the case of a request for modification
of the height limit in zoning district for towers and telecommunications
facilities, that the modification is necessary to facilitate co-location
of telecommunications facilities in order to avoid construction of
a new tower; or to meet the coverage requirements of the applicant's
wireless communications system, which requirements must be documented
with written, technical evidence from a radio frequency engineer.
[CC 1985 § 26-316; Ord. No. 630 § 1, 2-7-2000]
A.
If any tower shall cease to be used for
a period of three hundred sixty-five (365) consecutive days, the City
Engineer shall notify the owner, with a copy to the applicant, that
such site has been deemed abandoned.
B.
To secure the obligation set forth in Subsection (A) of this Section, the applicant or owner shall post a bond in an amount to be determined by the City Engineer based on the anticipated cost of removal of the tower or twenty percent (20%) of the construction cost of the tower. Said bond shall be retained for a period of one (1) year, at which time the City shall remove the tower and retain the bond to cover the cost of removal.
