[Ord. No. 17-2188 § 1, 6-5-2017[1]]
A.
The general purpose of this Article 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, while at the same time not unreasonably interfering
with the development of the competitive wireless telecommunications
marketplace in and around the City of Manchester. Specifically, to
the fullest extent allowed by applicable law, this Article is intended
to:
1.
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of Manchester;
2.
Minimize adverse visual impacts of communications antennas and
support structures through careful design, siting, landscape screening
and innovative 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 any new support structures;
5.
Ensure that any new telecommunications tower or support structure
is located in an area compatible with the neighborhood or surrounding
community to the extent possible; and
6.
Ensure that regulation of telecommunications towers and support
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.
[1]
Editor's Note: Former Article IX, Supplementary Regulations — Telecommunications Towers, containing Sections 405.420 through 405.520, was repealed 6-5-2017 by Ord. No. 17-2188. The title of this Article was also changed to "Supplementary Regulations — Communications Antennas And Support Structures."
[Ord. No. 17-2188 § 1, 6-5-2017]
As used in this Article, the following terms shall have the
meanings and usages indicated:
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 horizontal
dimensions that do not exceed four (4) feet by six (6) feet and vertical
height that does not exceed six (6) feet.
Material installed on the roof of a building which acts as
a communications antenna, including, but not limited to, the following:
VHF and UHF television, FM or AM radio, two-way radio, cellular telephone,
PCS or other wireless telephony, fixed point microwave, low power
television or other wireless communications and common carriers.
The Director of Planning, Zoning and Economic Development
of the City or his/her designee.
Any freestanding, manmade 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, 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 structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any use authorized herein that exists in addition to the
principal use of the property.
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 solely for use by an
amateur radio operator licensed by the Federal Communication Commission.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
The requirements set forth in this Article shall be applicable to
all towers, antennas and other support structures installed, built
or modified after the effective date of this Article 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 all non-residential
zoning districts or an incidental use to institutional uses, in residential
zoning districts on sites of at least five (5) acres subject to any
applicable district requirement relating to yard or setback and requirements
for special use permits.
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 Article, no antenna, tower or support structure
shall be erected prior to receipt of a certificate of zoning compliance
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 structure
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 Article shall be granted for any applicant having
an uncured violation of this Article 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 Director
or by the Board of Aldermen in the case of a special 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
development plan.
6.
Advertising. Except for a disguised antenna support structure
in the form of an otherwise lawfully permitted pylon sign, the placement
of advertising on structures regulated by this Article is prohibited.
7.
Design.
a.
Subject to the requirements of the FAA or any applicable State
or Federal agency, towers shall 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.
Towers shall not exceed a height of one hundred (100) feet 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. In any event towers shall not exceed the height limitation
of any airport overlay zone as may be adopted by the City.
d.
Antennas attached to a disguised support structure or tower
shall be contained within or mounted flush on the surface of the disguised
support structure or tower to which they are mounted and be of a color
identical to or closely compatible with the surface to which they
are mounted.
e.
All towers, disguised support structures and related guy wires,
structures, fences and walls shall be located on one (1) parcel separated
from the property line of any adjacent property zoned for or occupied
by a residential use at least a distance equal to the height of the
tower and shall be separated from all other adjacent property lines
at least a distance equal to one-half (1/2) of the height of the tower
or structure and at least fifty (50) feet from public right-of-way.
f.
Vehicle or outdoor storage on any tower site is prohibited,
unless otherwise permitted by the zoning regulations of this Code.
g.
On-site parking for periodic maintenance and service shall be
provided at all antenna or tower locations consistent with the underlying
zoning district.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
Types of uses:
1.
Roof-Mounted Telecommunication Equipment:
a.
Administrative approval may be granted by the Director for the placement of roof-mounted telecommunication equipment, subject to pertinent conditions outlined under Section 405.490 and the following design standards:
(1)
An antenna is rectangular in shape, limited to
a width of one and one-half (1 1/2) feet, height of six (6) feet
and a depth of one (1) foot.
(2)
The antennas and band are mounted to the face of
an existing wall and do not extend beyond the height of the wall.
(3)
No more than four (4) antennas are placed on a
band per building wall plane.
(4)
No part of the antenna, including the antenna and
holding brackets, extends beyond two (2) feet from the face of the
wall on which it is mounted.
(5)
All wiring and conduits connecting to the antennas
from the rooftop must be within the wall cavity; thus no exposed wire
or conduits are permitted, other than the antenna wall brackets.
(6)
All equipment shelters in non-residential districts
shall either be completely enclosed or fully screened from the rooftop
elevation. All equipment shelters in residential districts must be
located within the primary structure on which the antennas are mounted
or below grade level so as to minimize the visibility from the outside.
2.
Disguised Support Structure.
a.
The placement of disguised support structures within otherwise
authorized facilities may be administratively approved by the Director,
subject to the following limitations:
(1)
The mounting of disguised support structure antennas
shall not exceed the height limit established by the applicable zoning
district regulations, and each such antenna shall be concealed or
disguised by architectural or natural elements or camouflaged, including,
but not limited to, by painting a color matching the surface to which
they are attached. The location of all equipment, equipment shelters,
wires, conduits and/or any other related accessories or devices shall
either be completely situated within an existing structure or fully
screened from view. Notwithstanding the items above, equipment shelters
and related elements, in residential districts, must be located within
the primary structure (on which the antennas are concealed or disguised)
or below grade level. However, the equipment may be located in an
addition to the primary structure, in which event a special use permit
must be secured when required by this Code. Furthermore, other reasonable
design standards or requirements, not listed or identified herein,
may be required by the City as a condition of the administrative approval.
(2)
The location of such equipment shall not be placed
closer than one hundred (100) feet from any residential property line.
b.
Should the Director determine such an application does not meet the spirit, intent and conditions outlined above and cannot be administratively approved, the application may be reviewed and acted on as per the procedures in Section 405.530, et seq., of this Article and subject to the pertinent standards of Section 405.440 of this Article.
3.
Towers erected and maintained for a period not to exceed forty-five
(45) days for the purpose of replacing an existing tower, testing
an existing or proposed network or special events requiring mobile
towers may be approved by the Director.
B.
Changes to existing wireless facilities and/or support structures
that are not "substantial modifications" as defined in Section 67.5092,
RSMo., or that only involve collocation of additional facilities or
replacement of existing facilities, 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 public hearing review, except
that collocation to a certified historic structure as defined in Section
253.545, RSMo., shall not in any event be allowed except after public
hearing and after thirty (30) days have elapsed since submittal of
the application.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
Applications for administrative permits shall be made on the appropriate
forms to the Director and accompanied by payment of five hundred dollars
($500.00) or such other fee as may be established by the Board of
Aldermen, from time-to-time.
B.
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 right-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 any existing tower.
C.
The application shall be reviewed by the Director to determine compliance
with the applicable standards and transmit the application for review
and comment by other City departments and/or public agencies as may
be affected by the proposed facility.
D.
The Director 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 Article. The Director
may consider the purposes of this Article and the factors established
herein for granting a special use permit as well as any other considerations
consistent with this Article. A decision to deny an application shall
be made in writing and state the specific reasons for the denial.
Consideration of an application under this Section shall meet applicable
time limitations pertaining to proposed wireless communications facilities
and support structures under Sections 67.5090, RSMo., et seq., and
FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009. (See
also 47 U.S.C. 1455, 47 CFR 1.40001, FCC Report and Order, WT Docket
No. 13-238 re. 10-21-2014.)
[Ord. No. 17-2188 § 1, 6-5-2017]
Appeals from the decision of the Director shall be made in the
same manner as otherwise provided for the appeal of administrative
decisions.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
The following will require a SUP:
1.
Roof-mounted communication equipment (special use in the "C-1,"
"C-2," "PBD," and "PCD" Districts).
a.
Roof-mounted communication equipment shall not exceed fifteen
(15) feet in height as measured from the roof of the building.
b.
The design of the communication equipment shall maximize use
of building materials, colors, textures, screening, and landscaping
that effectively blend the communication equipment facilities with
the surrounding natural setting and built environment.
c.
In addition to the requirements of Section 405.820, the site plan for the roof-mounted communication equipment shall include the following information:
d.
Roof-mounted communication equipment shall not be installed
on residential buildings or on buildings located on lots used for
residential purposes.
e.
Roof-mounted communication equipment shall not be located within
one hundred (100) feet of any residential property line.
f.
Signs, lighting, other than safety or hazard signs or lighting,
shall not be placed on any roof-mounted communication equipment.
2.
Communication Towers (Special Use In All Districts).
a.
A communication tower shall not exceed one hundred (100) feet
in height.
b.
A communication tower shall not be located on parcels of less
than five (5) acres in size within any residential district and shall
not be located on property primarily used as a residence.
c.
In addition to the requirements of Section 405.820, the site plan for the communication tower shall include the following information:
(1)
Exact location of the tower and guy wire anchors
or other supporting apparatus;
(2)
Proposed type, number and location of antennas
or other transmission equipment to be located on the tower;
(3)
Location of any adjoining residential districts
or structures used for residential purposes; and
(4)
Location and number of evergreen plantings or other
methods of screening provided for ground-based equipment.
3.
Changes to existing facilities and/or structures that are not
"substantial modifications" as defined in Section 67.5092, RSMo.,
or that only involve collocation of additional facilities or replacement
of existing facilities, 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 public hearing review, except
that collocation to a certified historic structure as defined in Section
253.545, RSMo., shall not in any event be allowed except after public
hearing and after thirty (30) days have elapsed since submittal of
the application.
B.
Applications of special use permits shall be filed and processed subject to the requirements of and in the manner and time frame as established in Section 405.530, et seq., for special use permits. A decision by the Board of Aldermen 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. Approvals granted under this Section shall not expire. Consideration of an application under this Section shall meet applicable time limitations pertaining to proposed wireless communications facilities and support structures under Sections 67.5090, RSMo., et seq., and FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009. See also 47 U.S.C. 1455, 47 CFR 1.40001, FCC Report and Order, WT Docket No. 13-238 re. 10-21-2014.
[Ord. No. 17-2188 § 1, 6-5-2017]
Any communication tower or equipment that is no longer in use
for its original communications purpose shall be removed at the owner's
expense. The owner shall provide the City with a copy of the notice
to the FCC of intent to cease operations and shall be given ninety
(90) days from the date of ceasing operations to remove the tower
and accessory structures. In case of multiple operators sharing use
of a single tower, this provision shall not become effective until
all users cease operations. Removal of existing equipment shall not
be a condition of approval of any subsequent application.
[Ord. No. 17-2188 § 1, 6-5-2017]
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 antenna, tower or disguised support structure in violation of
any provision of this Article, regardless of whether such antenna
or structure is located on land owned by a governmental entity.
[Ord. No. 17-2188 § 1, 6-5-2017]
Any person violating this provision shall be subject to such penalties as provided for in Section 100.100 of this Code of Ordinances.
