[Ord. No. 2597 § 1, 12-13-2016[1]]
A.
These regulations supplement the zoning district regulations contained
elsewhere in Article XVI.
B.
The purposes of this Chapter are to:
1.
Provide for the appropriate location and development of communications
facilities to serve the City's residents and businesses;
2.
Minimize adverse visual impacts of facilities through design,
siting, screening, and camouflaging techniques;
3.
Maximize the use of existing and new facilities so as to minimize
the need to construct new or additional facilities;
4.
Comply with applicable State and Federal laws and regulations
regarding communications facilities.
C.
This Chapter 440 applies to the placement of facilities in all City zoning districts, exclusive of rights-of-way. Any facility located in a right-of-way shall be considered and authorized pursuant to Chapter 520 of this Code ("Rights-of-Way Usage Code"), provided that in considering and authorizing facilities in a right-of-way, the Director shall consider the requirements of this Chapter 440 and shall apply those requirements to the extent practicable and consistent with the purposes and intent of this Chapter.
[Ord. No. 2597 § 1, 12-13-2016]
As used in this Chapter the following terms shall have the following
meanings:
Any antenna that is owned and operated by an amateur radio
operator licensed by the FCC.
Any device, array or antenna of any kind, including but not
limited to whip antennas, panel antennas, and satellite antennas,
that transmits and/or receives electromagnetic signals for voice,
data or video communication purposes, including, but not limited to,
television, AM/FM radio, microwave, cellular telephone, internet and
similar forms of communications.
A casing or console, not to include a shelter, used for the
protection and security of communications equipment associated with
one (1) or more antennas.
The location and use of two (2) or more antennas on a single
tower or structure.
The "COR" Commercial/Office/Retail District and the "MU-Gateway"
I-170/Olive Boulevard Mixed-Use Gateway District, or any similar successor
zoning classification.
The City's Planning and Community Design Commission.
The City's Director of Planning and Community Development
or his or her designee.
The Federal Aviation Administration.
A network or system, or any part thereof, used for providing
or delivering communications services and consisting of one (1) or
more lines, pipes, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances, shelters, or other equipment.
The Federal Communications Commission.
The "LID" Light Industrial District and the "PA" Public Activity
District, or any similar successor zoning classification.
The City's "SR" Single-Family Residential District,
"AR" Attached Single-Family Residential District, "PASF" Planned Attached
Single-Family Residential District, or "PRO" Planned Residential Office
District, or any similar successor zoning classification.
The surface, the air space above the surface, and the area
below the surface of any private street, for the purposes defined
herein, and of any public street, highway, lane, path, alley, sidewalk,
boulevard, drive, bridge, tunnel, parkway, waterway, public easement,
or sidewalk in which the City holds any interest, which may be used
for the purpose of installing and maintaining facilities. "Rights-of-way"
shall not include: (i) City facilities or the City's property
other than ROW, such as city-owned or operated buildings, parks, or
other similar property, (ii) airwaves used for cellular, non-wire
telecommunications or broadcast services, (iii) easements obtained
by private users on private property, (iv) railroad rights-of-way
or ground used or acquired for railroads, or (v) streets owned or
under the jurisdiction of St. Louis County or the Missouri Department
of Transportation.
Any exterior mounted parabolic antenna designed to receive
or transmit voice, video, data or other communications signals to
or from a satellite.
A building for the protection and security of communications
equipment associated with one (1) or more antennas.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including any building but excluding
any tower.
A tower, spire, column, pole, or similar structure designed
and constructed for the support or mounting of one (1) or more antennas,
excluding amateur radio antennas. For purposes of this Article, the
term tower shall also include any related and necessary cabinet or
shelter when the context so indicates.
[Ord. No. 2597 § 1, 12-13-2016]
A.
Residential Zoning Districts. In the City's Residential Zoning Districts, facilities not located within a right-of-way may be authorized by a facilities permit issued pursuant to Section 440.050(C) hereof, provided that:
1.
Towers are not permitted;
2.
Satellite dishes one (1) meter thirty-nine and thirty-seven
hundredths (39.37) inches or less in diameter are permitted and are
not subject to either a facilities permit or a building permit;
3.
Amateur radio antennas are permitted, including any related
support structure not exceeding a height of fifty (50) feet, and are
subject to a building permit but not a facilities permit; and
4.
Modifications to facilities that are not substantial, as provided in Section 440.040(D) hereof, shall be subject to a building permit but not a facilities permit.
B.
Commercial Zoning Districts. In the City's Commercial Zoning Districts, facilities may be authorized by a facilities permit issued pursuant to Section 440.050(C) hereof, provided that:
1.
Facilities permitted in the City's Residential Zoning Districts
are permitted in the City's Commercial Zoning Districts unless
otherwise provided herein;
2.
Towers are not permitted; and
3.
Satellite dishes two (2) meters seventy-eight and seventy-four
hundredths (78.74) inches or less in diameter shall be a permitted
use and shall not be subject to either a facilities permit or a building
permit.
C.
Industrial Zoning Districts. In the City's Industrial Zoning Districts, facilities may be authorize a facilities permit issued pursuant to Section 440.050(C) hereof, provided that:
[Ord. No. 2597 § 1, 12-13-2016]
A.
General Regulations. These general regulations apply to all facilities unless contraindicated by a more specific regulation provided elsewhere in this Chapter 440.
1.
Regulatory Compliance. All facilities shall meet or exceed current
standards and regulations of the FAA, FCC, and any other State or
Federal agency with the authority to regulate such facilities. Should
such standards or regulations be amended, then the owner shall bring
its facilities into compliance with the revised standards or regulations
within such time as is mandated or permitted by the controlling agency.
2.
Security. All facilities shall be protected from unauthorized
access by a security fence and/or any other appropriate security devices.
A description of proposed security measures, or an explanation as
to why such measures are not appropriate, shall be provided as part
of any application to install, build, or modify any facilities. No
barbed wire will be used on security fences.
3.
Lighting. Facilities shall not be lighted unless required by
the FAA, a State or Federal agency with authority to regulate or the
City of Olivette, in which case a description of the required lighting
scheme shall be made a part of the application to install, build or
modify the facilities.
4.
Advertising. Advertising or other signs are not permitted, except
for safety or hazard signs.
5.
Placement And Screening. To the extent practicable and feasible,
and considering the zoning of the target site, facilities shall be
located or screened so as to eliminate or reduce visibility from the
public streets and adjacent properties and structures. Screening materials
may consist of walls, fences, buildings, mature plant materials or
other appropriate items. Screening materials shall be maintained and
replaced as needed.
6.
Color. Facilities shall be a neutral color and shall not be
bright, reflective, or metallic. Black, gray and tan shall be considered
neutral colors, as shall any color that blends with the surrounding
dominant color and helps to camouflage the proposed equipment.
7.
Construction And Maintenance. Facilities shall be designed,
constructed, and maintained in accord with the City's Building
Code and all other applicable Federal, State, or local codes or regulations.
8.
Non-Use And Removal. An owner 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. If the owner fails to do so, or if any facility is not used for a period of one (1) year, the facility may be declared a public nuisance and removed at the owner's expense pursuant to Chapter 220 hereof. In case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The removal of facilities shall not be a condition of approval of any subsequent application.
B.
Antenna And Cabinet Regulations.
1.
Antenna Attachment.
a.
Antenna attachments to existing towers or other structures shall be processed through Section 440.040(D) hereof ("Modifications").
2.
Appearance. Antennas and cabinets shall be designed, constructed,
and installed so as to:
a.
Minimize the visual impact on residential areas and any adverse
effect on residential property values;
b.
Minimize the number of facilities attached on towers to avoid
clutter and ensure structural integrity;
c.
Be architecturally and visually compatible with the color, bulk
and size of surrounding buildings, structures, vegetation and uses
existing or likely to develop in the underlying zoning district;
d.
Avoid any interference with existing driveways, sidewalks, or
other pedestrian or vehicle paths;
e.
Be located in close proximity to the nearest shared property
line, not to extend beyond the width of the required side yard setback
of either adjacent property; and
f.
Meet other physical criteria as may be appropriate under the
circumstances.
3.
Roof -Mounted Antennas:
a.
No roof-mounted antenna shall be erected so as to injure the
roof covering, and when the antenna is removed from the roof, the
roof covering shall be repaired to maintain weather and water tightness.
b.
Roof-mounted antennas shall not be erected nearer to the lot
line than the total height of the antenna above the roof, nor shall
such antenna be erected near electric power lines or encroach upon
any street or other public space.
4.
If feasible, a cabinet serving an antenna must be located within
or on the structure on which it is mounted, or below grade level,
so as to eliminate or minimize the visibility of said structure. If
the cabinet is mounted on a structure, it shall:
5.
If in issuing a facilities permit the Commission determines
that a cabinet must be located at ground level to serve an antenna,
then:
a.
The cabinet shall be located within ten (10) feet of the structure
supporting the antenna, unless an alternative design and location
is authorized by the Commission due to difficulties of the surrounding
natural or building environment;
b.
The cabinet shall be mounted on a concrete pad, the maximum
height of which shall not exceed three (3) inches from the average
ground grade; and
c.
The cabinet may be required to meet other physical criteria
as may be appropriate under the circumstances.
d.
One (1) or more cabinets serving a single antenna shall not
exceed an individual height of three (3) feet or an accumulative total
volume of thirty-six (36) cubic feet.
6.
Engineering analysis of the likely structural failure scenarios
resulting from excess wind and seismic overloading, prepared by a
licensed professional engineer, may be required as part of any application
to install, build or modify an antenna or cabinet.
C.
Tower Regulations.
1.
Restrictions.
a.
Tower height shall not exceed one hundred (100) feet, measured
from the grade of the installation, unless a different height is authorized
by the Commission for co-use or other considerations.
b.
Towers shall not be located within two hundred (200) feet of
any residential zoning district or within fifty (50) feet of any right-of-way.
c.
Towers shall be set back from all property lines a distance
equal to the height of the tower, measured from the grade of the installation.
d.
The requirements set forth in this Section 440.040(B)(1) shall not apply to towers constructed before July 22, 1997.
2.
Towers should be placed:
a.
Where the existing topography, vegetation, buildings or other
structures provide the greatest amount of screening;
b.
To minimize the visual impact on residential areas and any adverse
effect on residential property values;
c.
To avoid a dominant silhouette on ridge lines and preservation
of view corridors of surrounding residential areas;
d.
In a manner that results in the concentration of multiple towers
in one (1) location.
3.
Tower, tower sites, and tower facilities shall be designed to
meet the following criteria:
a.
Towers shall be designed and constructed for architectural and
visual (color, bulk, size) compatibility with surrounding existing
buildings, structures, vegetation and/or uses in the area or those
likely to exist. The Commission may require that a tower be designed
and constructed so as to be camouflaged or concealed as an architectural
or natural feature. Examples of such disguised structures, include,
but are not limited to, clock towers, campaniles, observation towers,
pylon sign structures, water towers, artificial trees, flag poles
and light standards.
b.
Tower shelters or cabinets shall have an exterior finish compatible
with the natural or built environment of the tower site and may also
be brick or other masonry material as required by the Commission.
c.
Tower antennas shall be painted a color identical to, or compatible
with, the tower surface.
d.
Towers 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 of a minimum height of six (6) feet. Evergreen
trees should be at least six (6) feet tall and deciduous trees at
least two and one-half (2 1/2) inch in caliper at the time of
planting. Said landscape strip shall be exterior to the security fencing.
In lieu of the required landscape strip, a minimum six-foot high decorative
security fence or wall may be approved by the Commission upon demonstration
by the applicant that an equivalent degree of visual screening is
achieved.
e.
Ground anchors of all guyed towers shall be located on the same
parcel as the tower and shall meet the setbacks of the applicable
zoning district.
f.
Vehicle or outdoor storage surrounding any tower site is prohibited.
On-site parking for periodic maintenance and service shall be provided
at all tower sites. Access to and parking for communication tower
sites shall be provided on a paved or an alternate dustproof surface.
g.
Engineering analysis of the likely structural failure scenarios
resulting from excess wind and seismic overloading, prepared by a
licensed professional engineer, shall be provided as part of any application
to install, build or modify a tower.
4.
Co-Use.
a.
Co-use of towers and tower sites shall be required to the maximum
extent technically and financially feasible and allowed by law.
b.
As part of an application for a facilities permit for a tower,
the applicant shall submit a notarized statement:
(1)
Stating that it conducted an analysis of available
co-use opportunities on existing towers or structures within the same
search ring defined by the applicant, and
(2)
Agreeing to make the proposed tower available for
use by others, subject to reasonable technical limitations and financial
terms.
c.
Any new tower at least one hundred (100) feet in height shall
be designed and constructed to accommodate at least one (1) co-user,
and the Commission may permit towers to exceed the height limitation
to accommodate co-use. The Commission may also require an applicant
for new construction to exceed the applicable limitation, regardless
of whether a co-user is immediately available to share space with
the applicant.
d.
The willful and knowing failure of an applicant to agree to
co-use or to negotiate in good faith with potential co-users may be
cause for either the denial of a pending application, the revocation
of an existing facilities permit, or the withholding of future permits.
D.
Modifications.
1.
Changes to existing antennas, towers, or structures that are
not "substantial modifications" as defined herein shall only be reviewed
for conformance with applicable building permit requirements, National
Electric Safety Codes, and recognized industry standards for structural
safety, capacity, reliability and engineering, without any Commission
review.
2.
For purposes of this Section, a "substantial modification" is
defined as the mounting of an antenna on a tower or other structure
which, as applied to the structure as it was originally constructed:
b.
Involves adding an appurtenance to the body of a tower or structure
that protrudes horizontally from the edge of the existing tower or
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);
c.
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
d.
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
3.
Substantial modifications require a facilities permit, which shall be subject to Section 440.050(C) hereof.
E.
Limitation On Regulations And Commission Exceptions.
1.
Except as may be necessary to ensure public health and safety,
the regulations contained in this Chapter shall not be applied so
as to:
2.
In considering a facilities permit application, the Commission
may grant an exception to any such regulation based on a clear showing
that the exception is reasonably required to provide communications
services. Such showing shall 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 explaining why
alternatives are not available or viable.
3.
Nothing in this Chapter shall be construed or deemed to supersede
any applicable State or Federal law or any applicable regulation issued
by a State or Federal agency, including, but not limited to, the Missouri
Public Service Commission and the Federal Communications Commission.
In the event of any conflict between such laws or regulations and
this Chapter, the applicable State or Federal law or regulation shall
apply.
[Ord. No. 2597 § 1, 12-13-2016]
A.
Generally.
1.
Applications for a facilities permit shall be filed in lieu
of a building permit application.
2.
Applications for building or facilities permits under this Chapter
shall be accompanied by an application fee approved by the City to
cover the cost of processing the application, any deposit otherwise
required by law for the proposed work, and any other amounts due to
the City from the applicant, including but not limited to prior delinquent
fees, costs, and any loss, damage, or expense suffered by the City
because of the applicant's prior work in the City or for any
emergency actions taken by the City, but the Director may modify this
requirement to the extent the Director determines any such fees to
be in good-faith dispute or beyond the ability of the applicant to
control.
3.
If the regulations of this Chapter would prohibit facilities at a specified location, the applicant may request an exception from the Commission as provided in Section 440.040(E) hereof. The City's form application shall include an exception option by which the applicant shall provide the reasons for the requested exception.
4.
Applications shall be reviewed and acted upon within the timeframes
provided in this Chapter. The City acknowledges that Federal law or
regulations may prescribe deadlines not consistent with those included
in this Chapter, but the certainty of such Federal deadlines cannot
be effectively ascertained and prescribed herein. It shall be incumbent
upon the applicant to inform the City of any desire to utilize Federal
deadlines and to explain the applicability of same at the time of
application. The City's form application shall include a Federal
deadline option.
B.
Building Permits.
1.
Antennas not requiring a facilities permit, and proposals for tower or structure co-use or proposed replacements for already-permitted towers or antennas, when such proposals do not constitute substantial modifications as defined in Section 440.040(D) hereof, shall be subject to a building permit only. Such building permit applications shall only be reviewed for conformance with applicable building permit requirements, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability and engineering, without any Commission review.
2.
An application for a building permit shall be filed with the
Director and shall include, among other information that may be required,
the following:
a.
Detailed construction and installation plans demonstrating proof of compliance with Section 440.040;
b.
Site plan of the parcel upon which the installation is to be
made showing the specific location of the proposed installation and
all improvements on the parcel;
c.
A copy of a lease, letter of authorization or other agreement
from the property owner evidencing applicant's right to pursue
the application; and
d.
Such other information reasonably required by the Director.
3.
After receiving a building permit application, the Director
shall have forty-five (45) days from the date of the application's
submission, or such additional time as may be agreed to by an applicant
and the Director, to approve or deny the application and to advise
the applicant in writing of a final decision.
a.
Within fifteen (15) days of receiving the application, the Director
shall review the application and, if the application does not conform
with the submission requirements of this Section, shall notify the
applicant in writing of the specific deficiencies in the application
which, if cured, would make the application complete.
b.
Upon receipt of a timely written notice that an application
is deficient, an applicant may take fifteen (15) calendar days from
receiving such notice to cure the specific deficiencies. If the applicant
cures the deficiencies within fifteen (15) calendar days, the application
shall be reviewed and processed within forty-five (45) calendar days
from the initial date the application was received. If the applicant
requires a period of time beyond fifteen (15) calendar days to cure
the specific deficiencies, the forty-five (45) calendar days'
deadline for review shall be extended by the same period of time.
c.
If the Director fails to act on an application within the forty-five
(45) calendar days' review period, or an extension thereof due
to an incomplete application as provided in this Section, or within
such additional time as may be agreed to by an applicant and the Director,
the application shall be deemed approved.
d.
A party aggrieved by either the Director's final decision or the purported failure to timely act may bring an action for review in the St. Louis County Circuit Court, without filing an appeal to the City Council as permitted by Section 440.050(E) hereof. If the party elects to appeal to the City Council, any time period for the filing for court review shall run from the date of the City Council's decision.
C.
Facilities Permits.
1.
The construction, installation, and substantial modification
of antennas and towers shall require a facilities permit approved
by the Commission.
2.
Applications for facilities permits shall be made to the Director
on forms provided by the Director. Prior to filing an application
the applicant shall meet with the Director to determine the information
to be required in support of the application.
3.
Facilities permit applications shall be accompanied by detailed
construction and installation plans demonstrating proof of compliance
with the regulations of this Chapter and the need for any exception
to any such regulation. An application proposing a tower shall include
a detailed site plan based on a closed boundary survey of the host
parcel indicating:
a.
All existing and proposed improvements, including buildings,
drives, walkway, parking areas and other structures,
b.
The location of trees on such parcel,
c.
The general location of the improvements on all adjoining properties,
d.
Public rights-of-way, the zoning categories of the host parcel
and adjoining properties, the location of buffer and landscape areas,
hydrologic features, and the coordinates and height of the proposed
facility,
e.
Any statements or information required by this Chapter, and
f.
Such other information as the Director reasonably deems appropriate.
4.
After receiving an application to construct a new tower, the
Commission shall have one hundred twenty (120) days from the date
of the application's submission, or such additional time as may
be agreed to by an applicant and the Director, to approve or deny
the application and to advise the applicant in writing of its final
decision.
a.
Within thirty (30) days of receiving the application, the Director
shall review the application and, if the application does not conform
with the submission requirements of this Section, shall notify the
applicant in writing of the specific deficiencies in the application
which, if cured, would make the application complete.
b.
Upon receipt of a timely written notice that an application
is deficient, an applicant may take thirty (30) calendar days from
receiving such notice to cure the specific deficiencies. If the applicant
cures the deficiencies within thirty (30) calendar days, the application
shall be reviewed and processed within one hundred twenty (120) calendar
days from the initial date the application was received. If the applicant
requires a period of time beyond thirty (30) calendar days to cure
the specific deficiencies, the one hundred twenty (120) calendar days'
deadline for review shall be extended by the same period of time.
c.
If the Commission fails to act on an application within the
one hundred twenty (120) calendar days' review period, or an
extension thereof due to an incomplete application, or within such
additional time as may be agreed to by an applicant and the Director,
the application shall be deemed approved.
d.
A party aggrieved by either the Director's final decision or the purported failure to timely act may bring an action for review in the St. Louis County Circuit Court, without filing an appeal to the City Council as permitted by Section 440.050(E) hereof. If the party elects to appeal to the City Council, any time period for the filing for court review shall run from the date of the City Council's decision.
D.
Criteria For Facilities Permit Approval. The Commission shall consider
the evidence submitted with the facilities permit application as well
as additional information presented by the applicant or others. Before
approving a facilities permit the Commission shall consider and determine
the following, as may be applicable, based on the evidence submitted:
1.
Whether the application complies with the requirements of this
Chapter;
2.
Whether an existing tower or structure may meet the applicant's
requirements;
3.
Whether a tower has sufficient structural strength to support
the applicant's proposed antenna and required screening;
4.
Whether the proposed antenna would experience or cause signal
interference with other telecommunication facilities;
5.
Whether the fees, costs, or other contractual terms required
by the owners of existing towers within the required geographic area
of the applicant, or to retrofit the existing structures, are reasonable;
6.
Whether the design of the antenna, tower, or structure maximally
reduces visual degradation; and
7.
Whether the proposed antenna or tower minimizes the number and
size of similar facilities that will be required in the geographic
area surrounding the proposed site.
E.
Review, Determination And Appeal.
1.
The Commission shall review and determine applications as provided in Section 440.050(D).
2.
A decision to deny an application shall be based upon substantial
evidence that shall be made a part of the written record of the meeting
at which a final decision on the application is rendered.
3.
Any aggrieved person may, within fifteen (15) days of the decision
for which redress is sought, file with the City Council a written
request for reconsideration and appeal of any decision of the Commission
under this Chapter. The written request must set forth in a concise
manner the decision being appealed and all grounds known to the appellant
as to wherein and why the decision is allegedly in error. The request
for reconsideration and appeal must be filed with the City Clerk within
the time specified above. A copy of the request and any supporting
documents or materials filed by aggrieved party must be served by
the aggrieved party on the applicant (if different than the aggrieved
party) by certified U.S. Mail, return receipt requested, within three
(3) days of filing with the City Clerk. Proof of service on the applicant
must be filed with the City Clerk within six (6) days of filing of
the request. The City Council may consider the appeal on the record
of the prior decision by the Commission or may, at its sole discretion,
receive additional evidence in such manner as it deems appropriate
in light of the circumstances.
4.
Any person aggrieved by the City Council's final decision
may bring an action for review in the St. Louis County Circuit Court.
