City of Eureka, MO
St. Louis County
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[Ord. No. 2400 § 1, 12-6-2016[1]]
(a) 
The purpose of this Article is to establish guidelines for the siting of all wireless, cellular, television and radio telecommunication towers and antennas. The goals of this Article are:
(1) 
To encourage the location of towers in non-residential areas;
(2) 
To minimize the total number of towers within the community necessary to provide adequate personal wireless services to residents of the City;
(3) 
To encourage the joint use of new and existing tower sites among service providers;
(4) 
To locate telecommunication towers and antennas in areas where adverse impacts on the community are minimized;
(5) 
To encourage the design and construction of towers and antennas to minimize visual impacts; and,
(6) 
To enhance the ability of the providers of telecommunication services to deliver such services to the community effectively and efficiently.
[1]
Editor's Note: Ord. No. 2400 superseded the regulations relocated by Ord. No. 2398. The editor has renumbered the Sections set out within Ord. No. 2400 as Sections 5-8.1 through 5-9.4 to be Sections 5-50 through 5-63, respectively.
[Ord. No. 2400 § 1, 12-6-2016]
For the purpose of this Article, the following terms shall be defined as follows:
ALTERNATIVE TOWER STRUCTURE
Any clock towers, bell towers, church steeples, light/power poles, electric transmission towers, man-made trees (without accessory buildings/structures), and similar natural or man-made alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any exterior apparatus designed for wireless telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves.
BUILDING COMMISSIONER
The City of Eureka Zoning Enforcement Officer.
COLOCATION
The placement of the antennas of two (2) or more service providers upon a single tower or alternative tower structure.
DEPARTMENT
The City of Eureka Building Department.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GEOGRAPHIC ANTENNA PLACEMENT AREA
The general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting needs.
GOVERNING AUTHORITY
The Board of Aldermen of the City of Eureka, Missouri, or other governmental entity controlling affected real property.
HEIGHT
When referring to a tower or other structure, shall mean the distance measured from ground level to the highest point on the tower structure or appurtenance.
PREEXISTING TOWERS AND ANTENNAS
Structures as set forth in Section 5-52(d) of this Aricle.
SCENIC VIEWS
Those geographic areas containing visually significant or unique natural features, as identified in the City of Eureka Comprehensive Plan.
STANDARD OUTDOOR ADVERTISING STRUCTURES
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.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice tower, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telecommunications towers, man-made trees (with accessory buildings/structures) and other similar structures.
VISUAL QUALITY
The appropriate design, arrangement and location of tower structures in relation to the developed or natural environment to avoid abrupt or severe differences.
[Ord. No. 2400 § 1, 12-6-2016]
(a) 
Height Limitations. The height of an antenna or tower structure, which shall not exceed the minimum height required for the effective operation of the wireless communication equipment.
(b) 
Governmental Exemption. The provisions of this Article shall not apply to governmental facilities and structures. Private facilities and structures proposed for placement on governmentally owned property shall not be exempt.
(c) 
Amateur Radio; Receive-Only Antennas. This Article shall not govern any tower, or the installation of any antenna, that is ten (10) feet or less in height and is owned and operated by a Federally licensed amateur radio station operation from the operator's residence, or is used exclusively as a receive-only antenna.
(d) 
Preexisting Towers And Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Article shall not be required to meet the provisions of this Article, other than the requirements of Sections 5-61 and 5-62. Any such towers or antennas shall be referred to in this Article as "Preexisting Towers" or "Preexisting Antennas."
(e) 
Additional Antenna. If an additional antenna is co-located upon a pre-existing tower after adoption of this Article, fencing and landscaping requirements of Sections 5-56 and 5-57 shall be met as part of the permitting process.
(f) 
Parking Spaces. Not less than two (2) off-street parking spaces conforming to the parking space standards of the City Code shall be provided on the lot where the telecommunications tower is located. All parking spaces shall be inside any fencing or buffering installed on the lot.
[Ord. No. 2400 § 1, 12-6-2016]
(a) 
Principal Or Accessory Use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use of structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including but not limited to setback, buffer and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Article shall not be deemed to constitute the expansion of a non-conforming use or structure.
(b) 
Inventory Of Existing Sites. To facilitate the colocation of antennas, each applicant seeking to locate a new tower, alternative tower structure or antenna, or modify any such existing structure, shall provide to the Department an inventory of existing towers or alternative tower structures. Applicants seeking to erect an amateur radio tower or antenna shall be exempt from this provision. The inventory shall include all such structures that are within the jurisdiction of or in whole or in part within the municipal boundaries of the City and shall include specific information about the location, height, design, tower type and general suitability for antenna colocation of each tower and other pertinent information as may be required by the Department. The Department may share such information with other applicants or other organizations seeking to locate towers or antennas within the City, provided, however, that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[Ord. No. 2400 § 1, 12-6-2016]
(a) 
The guidelines set forth in this Section shall govern the design and construction of all towers, and the installation of all antennas, governed by this Article.
(1) 
Towers and/or antennas shall either maintain a galvanized steel or concrete finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness to the extent possible and practical.
(2) 
At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend with the tower facilities to the natural setting and building environment to the extent possible and practical.
(3) 
For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive to the extent possible and practical.
(4) 
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(5) 
No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure within the City.
[Ord. No. 2400 § 1, 12-6-2016]
(a) 
The following setbacks and separation requirements shall apply to all towers:
(1) 
Towers shall be set back a distance equal to one-third (1/3) of the height of the tower from its base to any public right-of-way or property line of the lot or parcel containing the tower. Minimum setback from all adjoining property lines shall be that required for principal structures in the applicable zoning district, plus two (2) feet for every additional one (1) foot in height in excess of forty-five (45) feet.
(2) 
Guy-wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements and shall be located on the same lot as the tower and shall be installed in accordance with all applicable safety standards.
(3) 
Towers over one hundred and fifty (150) feet in height shall not be located closer than one thousand five hundred (1,500) feet from any existing tower unless it is shown by the applicant that no other location will meet the requirements of the network.
(4) 
The equipment for a telecommunications tower shall conform to the minimum set back requirements for the zoning district in which it is located.
[Ord. No. 2400 § 1, 12-6-2016]
All towers and supporting equipment shall be enclosed by fencing not less than six (6) feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be of coated chain link, wood or other approved alternative. Amateur radio towers and antennas, or receive-only antennas shall not be subject to the provisions of this Section unless required by the Board of Aldermen.
[Ord. No. 2400 § 1, 12-6-2016]
(a) 
The following requirements shall govern landscaping surrounding all towers:
(1) 
Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten (10) feet in width and located outside the fenced perimeter of the compound. Landscaped strips shall satisfy the minimum design and planting requirements for buffers as determined by the Building Commissioner.
(2) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized. Amateur radio towers and antennas, or receive-only antennas shall not be subject to the provisions of this Section unless required by the Board of Aldermen.
[Ord. No. 2400 § 1, 12-6-2016]
All towers must provide the City with evidence of compliance with all current standards and regulations of the FAA, the FCC, the State of Missouri and any other agency of the Federal or State government with the authority to regulate towers and antennas prior to the issuance of a permit hereunder. If such standards and regulations are changed, the owners of the towers and antennas governed by this Article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
[Ord. No. 2400 § 1, 12-6-2016]
To ensure the structural integrity of towers, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Associates, as amended from time to time. If, upon inspection, the Building Commissioner concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee or lessee of the tower, said party shall have fifteen (15) days to bring the tower into compliance with such standards. If the owner, permittee or lessee fails to bring the tower into compliance within the fifteen (15) days, the governing authority may remove the tower at the owner's, permittee's or lessee's expense. Prior to the removal of any tower, the Department may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above referenced compliance period. Any such removal by the governing authority shall be in a manner consistent with the Revised Statutes of Missouri.
[Ord. No. 2400 § 1, 12-6-2016]
(a) 
Each applicant requesting a building permit under this Article shall submit a scaled site plan, scaled elevation view and supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including topography (utilizing minimum two (2) foot contour intervals), tower height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses, and any other information deemed necessary to access compliance with this Article and compatibility with surrounding uses. The application shall include a written narrative explaining why the location and proposed height of the tower is necessary for the effective operation of the communication services coverage area, and shall verify that the height requested is the minimum height required to effectively provide service.
(b) 
Amateur radio antennas shall meet the requirements of this Article. Certain documentation requirements of this Section may be waived by the Building Commissioner for amateur radio antenna applications.
(c) 
The Building Commissioner shall respond to each application within thirty (30) days of its receipt with a determination if the application is sufficient. Upon receiving a complete application, the Building Commissioner shall issue his/her determination on the application in compliance with the Revised Statutes of Missouri, as otherwise adopted or amended, or within ninety (90) days of the receipt of a complete application, whichever is less. If the Department fails to respond to the applicant within the required period, the application shall be deemed to be approved. Any denial of a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a written record.
(d) 
As part of any approval, the Building Commissioner or the Board of Aldermen may administratively reduce setback requirements by up to ten percent (10%) to compensate for irregularly shaped lots or parcels.
(e) 
As a part of the approval, the Building Commissioner or the Board of Aldermen may impose conditions to the extent that it is concluded such conditions are necessary to minimize adverse effects from the proposed tower on adjoining or nearby properties.
(f) 
All information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer or qualified industry expert.
(g) 
Application Fee. All applications for a permit shall be submitted to the Building Department with the required fee. An application shall not be accepted for processing without the information required in this Article. An application fee shall be charged by the Department in an amount stated in the schedule of fees and charges. The applicant shall pay the cost of an independent technical review of the telecommunications tower permit application if such review is deemed necessary by the Building Commissioner.
[Ord. No. 2400 § 1, 12-6-2016]
Upon the transfer of ownership of any tower, alternative tower structure or lot upon which such a structure has been erected, the tower permittee shall notify the Building Department of the transaction, in writing, within thirty (30) days.
[Ord. No. 2400 § 1, 12-6-2016]
Any tower or antenna that is not operated for a continuous period exceeding twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the structure within one hundred twenty (120) days of receipt of notice from the Department notifying the owner of such abandonment. If said tower or antenna is not removed within said one hundred twenty (120) days, the governing authority may, in the manner provided in the Municipal Code remove such antenna or tower at the owner's expense.
[Ord. No. 2400 § 1, 12-6-2016]
(a) 
The issuance or denial of any permit under this Chapter may be appealed within thirty (30) days of the Building Commissioner's action to the Board of Aldermen. The Board of Aldermen shall dispense with the objection by either:
(1) 
A determination that the application is valid and meets all applicable criteria of this Article, which shall result in the issuance of a Building Permit; or
(2) 
A determination that the application is in error, in which case the Building Commissioner shall be instructed in writing to issue a permit with any conditions set by the Board.