[R.O. 1992 § 400.315; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The intent and purposes of this Chapter
are to address the following factors related to wireless communications
facilities and support structures in the City as follows:
A.
Location. Provide for the appropriate location
and deployment of wireless communications infrastructure to better
serve the citizens and businesses of the City of Washington and the
metropolitan St. Louis area;
B.
Impacts. Minimize adverse visual impacts
of wireless facilities and support structures through careful design,
siting, landscape screening and innovative camouflaging techniques;
C.
Disguise Of Supporting Structures. Encourage
the use of disguised support structures so as to protect the architectural
and scenic quality of the City;
D.
Compliance With Current State Law. Comply
with applicable law, including the Federal Telecommunications Act
of 1996, 47 U.S.C. § 332, and the Missouri Uniform Wireless
Communications Infrastructure Deployment Act, § 67.5090
et seq., RSMo.
[R.O. 1992 § 400.320; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
As used in this Article, the following
terms shall have the meanings indicated:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters, or similar structures.
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
Any person engaged in the business of providing wireless
communications services or the wireless communications infrastructure
required for wireless communications services who submits an application.
A request submitted by an applicant to the City to construct
a new wireless support structure, for the substantial modification
of a wireless support structure, or for co-location of a wireless
facility or replacement of a wireless facility on an existing structure.
A permit issued by the City prior to commencement of work
on the co-location of wireless facilities on an existing structure,
the substantial modification of a wireless support structure, or the
commencement of construction of any new wireless support structure,
solely to ensure that the work to be performed by the applicant satisfies
the applicable building code.
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings, and other
structures capable of structurally supporting the attachment of wireless
facilities in compliance with applicable codes.
Any freestanding, man-made structure designed for the support
of wireless facilities, the presence of which is camouflaged or concealed
as an architectural or natural feature. Such structures may include,
but are not limited to, clock towers, campaniles, observation towers,
pylon sign structures, water towers, artificial trees, flagpoles and
light standards.
An electrical transmission structure used to support high-voltage
overhead power lines. The term shall not include any utility pole.
An area surrounding or near a wireless support structure
within which are located wireless facilities.
A structure that exists at the time a request to place wireless
facilities on a structure is filed with an authority. The term includes
any structure that is capable of supporting the attachment of wireless
facilities in compliance with applicable building codes, National
Electric Safety Codes, and recognized industry standards for structural
safety, capacity, reliability, and engineering, including, but not
limited to, towers, buildings, and water towers. The term shall not
include any utility pole.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of a structure
at ground level to its highest point, including the main structure
and all attachments thereto.
Includes constructing a new wireless support structure of
equal proportions and of equal height or such other height that would
not constitute a substantial modification to an existing structure
in order to support wireless facilities or to accommodate co-location
and includes the associated removal of the preexisting wireless facilities
or wireless support structure.
All signs which advertise products, services or businesses
which are not located on the same premises as the sign, including
billboards, detached pole signs on separate parcels, wall signs and
signs otherwise attached to buildings and/or supported by uprights
or braces on the ground.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
Increases the existing vertical height
of the structure by: more than ten percent (10%), or the height of
one additional antenna array with separation from the nearest existing
antenna not to exceed twenty (20) feet, whichever is greater;
Involves adding an appurtenance to
the body of a wireless support structure that protrudes horizontally
from the edge of the wireless support structure more than twenty (20)
feet or more than the width of the wireless support structure at the
level of the appurtenance, whichever is greater (except where necessary
to shelter the antenna from inclement weather or to connect the antenna
to the tower via cable);
Involves the installation of more
than the standard number of new outdoor equipment cabinets for the
technology involved, not to exceed four (4) new equipment cabinets;
or
Increases the square footage of the
existing equipment compound by more than one thousand two hundred
fifty (1,250) square feet.
Any person, corporation, county, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, wastewater, data, cable television,
or telecommunications or internet protocol-related services.
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables, or wires for telephony,
cable television, or electricity, or to provide lighting.
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services.
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
[R.O. 1992 § 400.325; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Satellite earth stations less than
six (6) feet in diameter and receive-only home television antennas
are allowed as accessory uses in all districts without any permit,
and wireless facilities and support structures which meet any of the
following criteria may be constructed, repaired or modified upon receipt
of a building permit issued by the Building Official:
A.
Co-location And Replacement. Co-location and replacement applications, provided that no permit may be issued for co-location to a certified historic structure as defined in Section 253.545, RSMo., or as designated in accordance with the provisions of Article X of this Chapter, until at least one public hearing has been held by the Building Official within thirty (30) days prior to issuance. The Director shall provide public notice of such public hearing in the same manner as required for proposed Zoning Code changes. Such applications are subject to Section 400.340(A) of this Article but no other zoning or land use requirements, including design or placement requirements, or public hearing review.
B.
Roof-Mounting. The mounting of wireless
facilities in or on the roof of any existing building other than a
single-family residence, provided that the building was not constructed
primarily for the support of antennas, and provided that the height
of the facilities does not exceed twenty (20) feet from its mounting
and that such use is not otherwise prohibited by ordinance.
C.
Commercial Or Public Radio Or Television.
Wireless facilities or support structures for the operations of a
commercial or public radio or television station licensed by the Federal
Communications Commission or a local, State or Federal law enforcement
or emergency agency may be installed as permitted by law in non-residential
districts.
D.
Installation On Electrical Transmission
Towers. The installation or mounting of antennas on any electrical
transmission towers located in any commercial zoning district of the
City is permitted, subject to written proof that such installation
is permitted by the applicable utility.
E.
Disguised Support Structures. The installation
of a disguised support structure and related wireless facilities as
part of a building or structure that is otherwise allowed in the district
in which located.
F.
Amateur Radio Facilities. Wireless facilities
or support structures for the operation of a licensed amateur radio
facility within the City. The permit application must be accompanied
by proof that the applicant or an occupant of the property is a licensed
amateur radio operator and is subject to the following requirements:
1.
The Building Official shall issue
an amateur radio antenna/structure permit if it is determined that:
a.
Any antenna(s) mounted on a roof
shall not extend more than sixty-eight (68) feet above grade;
b.
Any tower-mounted antenna(s) shall
not extend more than sixty-two (62) feet above grade when fully extended;
and
c.
The requirements of this Section
regarding location, structural components and wiring are complied
with.
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Permits for ground-mounted antennas
and supports intended exclusively for the support of wire antennas
which are so erected as to be readily capable of being relocated from
time to time shall describe the area within which such an antenna
or support may be positioned.
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2.
Any person desiring to install, erect
or maintain an amateur radio antenna at any height greater than set
forth in the preceding Subsection shall file an application therefor
with the Board of Adjustment. No fee shall be required for this application.
The Board of Adjustment may grant a permit to allow construction to
such height as it shall determine if it finds that topographical circumstances
or other operational parameters of the antenna(s) and the associated
radio equipment so require and that there are adequate provisions
to protect adjoining properties.
3.
Wireless facilities or support structures
for licensed amateur radio uses that are ground-mounted shall be located
in the rear of the lot between the rear line of the principal building
on the lot and six (6) feet from the rear lot line. No such antenna,
nor any portion of any base or support therefor, may be closer than
six (6) feet to any lot line; provided, further, that on corner lots
no antenna may be closer to any street than the principal building.
[R.O. 1992 § 400.330; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
All wireless facilities and support structures to be installed, built or otherwise modified that are not expressly permitted by Section 400.325 herein, and not prohibited by Section 400.335 below, shall require a special use permit issued in accordance with the procedures contained in Article V, Special Use Regulations, of this Chapter, as well as a building permit.
[R.O. 1992 § 400.335; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Except as otherwise provided in Section 400.325:
A.
Residentially Zoned Districts. No wireless
facilities or support structures shall be permitted in residentially
zoned districts, other than for licensed amateur radio uses.
B.
Total Height. No wireless facilities or
support structures shall be permitted to have a total height in excess
of two hundred (200) feet.
[Ord. No. 20-13187, 10-19-2020]
C.
Installations On Buildings. Wireless facilities
installed on a building shall not exceed twenty (20) feet from the
highest point of the building, other than for licensed amateur radio
uses.
D.
Advertising Or Signage. Unless a disguised
support structure is in the form of a standard outdoor advertising
structure, the placement of advertising or signs on wireless support
structures is prohibited.
[R.O. 1992 § 400.340; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The general criteria and preferences
for approving wireless facilities and support structures under this
Section shall be as follows:
A.
Building Codes And Safety Standards. All
wireless facilities and support structures shall meet or exceed the
standards and regulations contained in applicable State and local
building codes, National Electric Safety Codes, and recognized industry
standards for structural safety, capacity, reliability, and engineering.
B.
Regulatory Compliance. All wireless facilities
and support structures shall meet or exceed current standards and
regulations of the FAA, FCC and any other Federal or State agency
with the authority to regulate such facilities and support structures.
Should such standards or regulations be amended, then the owner shall
bring such facilities and support structure into compliance with the
revised standards or regulations within six (6) months of the effective
date of the revision unless a different date is established by the
controlling agency.
C.
Supports. No more than one antenna tower
may be erected on any lot in the City; provided, however, that a support
used exclusively for the support of a wire antenna for a licensed
amateur radio facility and being no wider than six (6) inches at grade
and having a height no greater than fifty (50) feet above grade shall
not be considered as an antenna tower for purposes of calculating
the permitted number of such towers under this Subsection.
D.
Lighting. Wireless facilities and support
structures shall not be illuminated at night unless required by the
FAA or other Federal or State agencies, in which case, a description
of the required lighting scheme will be made a part of the application.
E.
Design.
1.
Wireless facilities and support structures
should, to the extent reasonably possible, be architecturally and
visually compatible with surrounding buildings, structures, vegetation
and/or uses already in the area or likely to exist under the regulations
of the underlying zoning district.
2.
Wireless support structures, except
disguised support structures, shall maintain a galvanized steel finish
or, subject to the requirements of the FAA, FCC or any other applicable
Federal or State agency, be painted a neutral color consistent with
the natural or built environment of the site.
3.
Wireless facilities other than antennas
shall have an exterior finish compatible with the natural or built
environment of the site and shall also comply with such other reasonable
design guidelines as may be required by the City.
4.
Wireless facilities mounted on buildings
should be made to appear as unobtrusive as possible by location as
far away as feasible from the edge of the building and by making them
a color consistent with the natural or building backdrop.
5.
Wireless Facilities Shall Be Screened
By Appropriate Landscaping And/Or Fencing. Wireless support structures
shall be surrounded by 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. Evergreen trees shall
be a minimum of six (6) feet tall and deciduous trees not less than
two and one-half (2 1/2) inches in caliper at time of planting.
Said landscape strip shall be exterior to any security fencing. In
lieu of the required landscape strip, a minimum six-foot-high decorative
masonry fence or wall may be approved by the City upon demonstration
by the applicant that an equivalent degree of visual screening is
achieved.
6.
All wiring to or from ground-mounted
antennas or antenna towers located more than five (5) feet from the
nearest building wall shall be underground; provided, however, that
feed lines to and from antennas for licensed amateur radio facilities
which must be open to the air in order to operate as designed (so
called "open wire feed lines") need not be enclosed or located underground.
F.
Location And Setback.
[Ord. No. 20-13187, 10-19-2020]
1.
Wireless support structures, except
disguised support structures, shall not be located within two hundred
(200) feet of any residential structure.
2.
All wireless support structures,
except disguised support structures, shall be separated from any structure
at least a distance equal to the height of the support structure plus
ten (10) feet. Support structures on parcels adjacent to residentially
zoned property shall, at a minimum, meet the setbacks of the applicable
zoning district as required for the principal structure along the
adjoining property lines. No support structure may be placed on residentially
zoned property closer to any residential structures on adjoining properties
than the distance from the support structure to the principal structure
located on the lot on which the support structure is located.
3.
All wireless support structures, except disguised support structures, that are not proposed to be separated from any structure at least a distance equal to the height of the support structure plus ten (10) feet shall only be permitted by special use permit issued in accordance with the provisions of Chapter 400, Article V herein.
[R.O. 1992 § 400.345; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Guy Wires. For any guyed wireless support
structure, ground anchors shall be located on the same parcel as the
structure, and such anchors shall meet the setbacks required for accessory
buildings within the zoning district.
B.
On-Site Storage. Vehicle or outdoor storage
on the site of any wireless facilities or support structure is prohibited.
C.
Parking. On-site parking for periodic maintenance
and service shall be provided at all locations of wireless facilities
and support structures.
D.
Removal Of Unused Or Obsolete Facilities.
Any wireless facility or support structure no longer used for its
original communications purpose shall be removed at the owner's expense.
The owner and applicable co-users shall provide the City with a copy
of any notice to the FCC of intent to cease operations and shall have
ninety (90) days from the date of ceasing operations to remove the
facility and/or support structure. In the case of co-use, this provision
shall not become effective until all users cease operations. Any wireless
support structure not in use for a period of one (1) year shall be
deemed a public nuisance and may be removed by the City at the owner's
expense. Removal of facilities shall not be a condition of approval
of any application.
E.
Evidence Of Property Use Rights. Prior
to the issuance of a building or conditional use permit, other than
for a co-location or replacement application, the City may require
submittal of easement documents, lease agreements or other documentation
of evidence of the right to utilize the property for location of wireless
facilities and/or support structures.
[R.O. 1992 § 400.350; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Time Limits. All applications regarding
wireless facilities and support structures shall be processed in accordance
with the time limits established by Sections 67.5090 to 67.5103, RSMo.
B.
Fees. Fees for applications regarding wireless
facilities and support structures shall not exceed the limits established
by Sections 67.5090 to 67.5103, RSMo.
