[Ord. No. 4426, 1-24-2018]
A.
The purpose of these regulations is to regulate the placement and construction of wireless communications facilities and support structures within the City 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. Specifically, Sections 405.190 through 405.198 are intended to:
1.
Provide for the appropriate location and development of wireless
communications infrastructure to serve the citizens and businesses
of the City;
2.
Minimize adverse visual impacts of wireless facilities and support
structures through careful design, siting, landscape screening and
innovative camouflaging techniques;
3.
Ensure that any new support structure is located in an area
compatible with the neighborhood or surrounding community to the extent
possible;
4.
Encourage the use of disguised support structures so as to ensure
the architectural integrity and the scenic qualities of areas within
the City;
5.
Ensure that regulation of wireless facilities does not have
the effect of prohibiting the provision of personal wireless services
and does not unreasonably discriminate among providers of functionally
equivalent services; and
6.
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, Section 67.5090, RSMo., et seq.
[Ord. No. 4426, 1-24-2018]
Any term not expressly defined herein shall have the meaning
set forth in Sections 67.5090 through 67.5104, RSMo. As used herein,
the following terms shall have the meanings and usages indicated:
Any device that transmits and/or receives electromagnetic
signals for voice, data or video communications purposes, including,
but not limited to, television, AM/FM radio, microwave, wireless communications
services, and similar forms of communications. The term shall exclude
satellite earth station antennas less than six (6) feet in diameter
(mounted within twelve (12) feet of the ground or building mounted)
and any receive-only home television antenna.
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 the horizontal dimensions
of which do not exceed four (4) feet by six (6) feet.
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.
The Director of Public Works of the City or his or her designee.
Any freestanding, manmade 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, observation towers, pylon signs,
water towers, light standards, flag poles and artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of the structure
at mean ground level to its highest point and including the main structure
and all attachments thereto. Mean 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.
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 collocation
and includes the associated removal of the preexisting wireless facilities
or wireless support structure.
A building for the protection and security of communications
equipment associated with one (1) or more antenna(s) and where access
to equipment is gained from the interior of a building.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
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.
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.
[Ord. No. 4426, 1-24-2018]
A.
The requirements set forth in this Section shall be applicable to
all wireless facilities, wireless support structures cabinets and
shelters installed, built or modified after the effective date of
this Section, to the full extent permitted by applicable law.
1.
Principal Or Incidental Use. Wireless facilities and wireless
support structures may be either a principal use in all zoning districts
or an accessory use to existing multi-family, institutional or non-residential
uses, subject to any applicable zoning district requirement relating
to location or setback.
2.
Building Codes, Safety Standards And Zoning Compliance. To ensure
the structural integrity of wireless facilities and wireless support
structures same shall be constructed and maintained in compliance
with all standards contained in any State or local building code,
National Electric Safety Codes, as amended from time to time. In addition
to any other approvals required hereunder, no wireless facilities
and wireless support structures shall be erected prior to the issuance
of a building permit. An applicant seeking to install, build, or modify
any wireless facility or wireless support structure shall be required
to determine and provide for anticipated electrical usage for its
facilities and support structures. Any modifications made or studies
undertaken to ensure the facilities and/or support structures have
adequate electricity shall be paid for by the applicant. The applicant
shall be required to pay for any engineering studies necessary to
determine if a wireless facility can be supported by a support structure
or facility on which the applicant proposes to attach such wireless
facility.
3.
Regulatory Compliance. All wireless facilities and wireless
support structures shall meet or exceed current standards and regulations
of the FAA, FCC and any other governmental 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 structures into compliance with the revised standards
or regulations within six (6) months of the effective date of the
revision, unless an earlier date is mandated by the controlling agency.
4.
Security. All wireless facilities and wireless support structures
shall be protected from unauthorized access by appropriate security
devices. A description of proposed security measures shall be provided
as part of any application to install, build or modify wireless facilities
and wireless 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 the City Council in
the case of a conditional use permit.
5.
Lighting. Wireless facilities and wireless support structures
shall not be lighted unless required by the FAA or other governmental
agency with authority to regulate. In such case, a description of
the required lighting scheme shall be made a part of the application
to install, build or modify the wireless facilities or wireless support
structures.
6.
Advertising. Unless a wireless facilities and/or wireless support
structure is disguised in the form of an advertising device, such
as a pylon sign or similar structure, the placement of advertising
on support structures, cabinets or shelters regulated by this Article
is prohibited.
7.
Design.
a.
Wireless facilities and wireless support structures, except
disguised support structures shall maintain a galvanized steel finish
or, subject to the requirements of the FAA and/or any applicable governmental
agency, shall be painted a neutral color consistent with the natural
or built environment of the site.
b.
Wireless facilities other than antennae 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.
c.
Wireless facilities mounted on a building or a disguised support
structure shall be of a color identical to or closely compatible with
the surface to which they are mounted, and should be made to appear
as unobtrusive as possible by location as far away as feasible from
the edge of a building. Wireless facilities and wireless support structures
mounted on the ground shall not exceed one hundred (100) feet, except
as provided in Section 405.195(C). 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.
Wireless facilities, wireless support structures and cabinets
mounted on the ground 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
at the time of installation. Such landscape strip shall be exterior
to any security fencing. In lieu of the required landscape strip,
a minimum six (6) foot high decorative fence or wall may be approved
by the Director in the case of an application for a building permit
or administrative permit, or by the City Council in the case of a
conditional use application, upon demonstration by the applicant than
an equivalent degree of visual screening is achieved.
e.
All wireless support structures shall be separated from any
single- or two-family residential structure a distance equal to the
height of the wireless support structures. Wireless support structures
on parcels adjacent to residentially zoned property shall meet the
setbacks of the applicable zoning districts required for a principal
structure along the adjoining property line(s). Where adjacent to
non-residential zoned property, wireless support structures shall
maintain setbacks as are required for accessory structures in such
district.
f.
Ground anchors of all guyed wireless support structures shall
be located on the same parcel as the wireless support structures and
meet the setbacks of the applicable zoning district.
g.
Vehicle or outdoor storage on any the site of any wireless facility
or wireless support structure is prohibited.
h.
On-site parking on a paved surface for periodic maintenance
and service shall be provided at all locations as deemed necessary
by the Director or by the City Council in the case of a conditional
use permit.
8.
Time Limits. All applications regarding wireless facilities
and wireless support structures shall be processed in accordance with
the time limits established by Sections 67.5090 through 67.5103, RSMo.
9.
Fees. Fees for applications regarding wireless facilities and
wireless support structures shall not exceed the limits established
by Sections 67.5090 through 67.5103, RSMo.
10.
New Wireless Support Structure/Substantial Modification. Prior
to the issuance of a building permit, administrative permit, or a
conditional use permit, the City shall require an applicant proposing
to construct a new wireless support structure, or to make a substantial
modification to a wireless support structure, to include a copy of
a lease, letter of authorization, or other agreement from the property
owner evidencing applicant's right to pursue the application and shall
require such applicant to comply with all applicable permitting and
land use ordinances of the City. Any decision denying such application
shall be provided in writing to the applicant. With regard to an application
for a new wireless support structure, the applicant shall provide
to the City a statement affirming that it conducted an analysis of
available collocation opportunities on existing wireless towers within
the same search ring defined by the applicant, solely for the purpose
of confirming that an applicant undertook such an analysis.
11.
Wireless Facilities And Support Structure In City's Rights-Of-Way. For applications for installation of any wireless facility or support structure in the rights-of-way: (1) the most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the zoning district map; and (2) no application to construct or erect a wireless facility or wireless support structure shall be submitted for approval without attaching the City's consent to use the rights-of-way for the specific construction application in accordance with Chapter 67, RSMo. Pursuant to the City's authority, including by Section 67.1830, RSMo., and due to the limited space in the City's rights-of-way and in order to minimize obstructions and interference with the use of the rights-of-way and to ensure traffic safety, preserve property values, and enforce the public policy to maintain neutrality as to ownership of wireless locations, wireless facilities and equipment shall not be permitted in the rights-of-way on new structures unless the City Council determines on a non-discriminatory basis such proposed application is in the public interest addressing all concerns stated in this Article, and provided such use and location has received prior, separate zoning authorization to the extent permitted by applicable law. In such circumstances where any new wireless application is permitted in the rights-of-way, such uses shall be subject to reasonable regulations, including any applicable specifications, compensation, and other terms established by the City in such approval or agreements. Wireless antennas and related facilities on existing structures or underground may be permitted in the same manner as other uses in the rights-of-way but subject to approval, denial or condition relating to location, design, height, appearance, safety, and such other zoning, building specification or other regulations, except as may be limited by applicable law. Any wireless facilities or support structure involving excavation shall be installed, repaired, and maintained in accordance with Chapter 515 of this Code.
[Ord. No. 4426, 1-24-2018]
A.
The placement of the following is permitted in all zoning districts
by issuance of a building permit:
1.
Collocation and replacement applications, provided that no permit
may be issued for collocation to a certified historic structure as
defined in Section 253.545, RSMo., until at least one (1) public hearing
has been held by the Director within thirty (30) days prior to issuance.
The Director shall post public notice of such hearing in a prominent
location at Festus City Hall at least fifteen (15) days in advance
of such hearing and shall provide written notice to all property owners
within the City limits whose property lies within three hundred (300)
feet of the parcel for which an application has been submitted. Collocation
and replacement applications shall be required to comply with all
applicable State and local building codes, National Electric Safety
Code, recognized industry standards for structural safety, capacity,
reliability, and engineering, but shall not be required to comply
with other zoning or land use requirements, including design or placement
requirements or public hearing review. A collocation application shall
be reviewed by the City to determine if the proposed facility will
create interference with existing wireless facilities.
2.
The mounting of antennas on any building or structure such as
a water tower, provided that the presence of the antennas is concealed
by architectural elements or camouflaged by painting a color identical
to the surface to which they are attached.
3.
The installation of antennas or the construction of a wireless
facility or wireless support structure on buildings or land owned
by the City following the approval of a lease agreement by the City
Council. In accordance with applicable law, the City may require compensation
to construct a wireless facility or wireless support structure on
buildings or land owned by the City.
4.
The installation of antennas or the construction of a wireless
facility or wireless support structure on buildings or land owned
by the State or any agency of the Federal government.
[Ord. No. 4426, 1-24-2018]
A.
Permitted Placement. The placement of the following is permitted
in all zoning districts upon issuance of an administrative permit
approved by the Director:
1.
The construction of a disguised support structure, provided
that all related equipment shall be placed underground when the structure
is located on property zoned for residential use. Equipment may be
placed in a cabinet if the disguised support structure is incidental
to a multi-family, institutional, or non-residential use.
2.
The placement of dual polar panel antennas on wooden or steel
utility poles, not to exceed forty (40) feet in height, provided that
all related equipment is contained in a cabinet.
3.
Wireless support structures erected and maintained for a period
not to exceed thirty (30) days for the purpose of replacing an existing
tower, testing an existing or proposed network, or special events
requiring mobile towers.
B.
Application Procedures. Applications for administrative permits shall
be made on the appropriate forms to the Director, accompanied by payment
of the prescribed fee:
1.
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 rights-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 above ground level of the existing or proposed wireless facility
and/or wireless support structure.
2.
The application shall be reviewed by the Director to determine
compliance with the applicable standards and shall be reviewed and
commented on by other City departments as may be affected by the proposed
wireless facilities and/or wireless support structures.
3.
The Director shall issue a decision on the permit within the
applicable time limits. The Director may consider the purposes of
this Article and the factors established herein for granting a conditional
use permit as well as any other considerations consistent with this
Article and applicable law. A decision to deny an application shall
be made in writing, and state the specific reasons for the denial.
[Ord. No. 4426, 1-24-2018]
A.
All proposals to install, build or modify a wireless facility or wireless support structure not covered under Sections 405.193 or 405.194 above shall require the approval of the City Council by conditional use permit following receipt of the recommendation by the Planning and Zoning Commission and a duly advertised public hearing by the City Council.
1.
Applications for a conditional use permit shall be filed and
processed in the manner and time frame as established under the Zoning
Code and, if applicable, Sections 67.5090 through 67.5103, RSMo.
2.
The review procedure for an application for a conditional use permit under this Section shall be in the manner set forth in Section 405.570 of this Code. In addition to any other determination required by the Zoning Code for the consideration of a conditional use permit, the City Council shall make findings based upon evidence submitted with the application and/or presented during the public hearing by the applicant or others. A decision by the City Council on an application 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.
3.
No wireless support structure shall be approved in excess of
one hundred (100) feet in height 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 support structure. Such showing must also be supported
by the opinion of a telecommunications consultant hired by the City
at the expense of the applicant. The report of the consultant shall
include a statement that no available alternatives exist to exceeding
the height limitation or the reason why such alternatives are not
viable.
[Ord. No. 4426, 1-24-2018]
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, or the upper portion of any wireless
support structure, which is occupied by an inactive antenna for a
period of six (6) months shall be deemed a nuisance and shall be removed
by the City at the owner's expense.
[Ord. No. 4426, 1-24-2018]
To the extent permitted by applicable law, any applicant for a new wireless facility or wireless support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this Article, including without limitation, failure to remove such structure as required pursuant to Section 405.196 hereof, or any other applicable regulations. The bond or security shall be in the form approved by the Director, in an amount not less than fifteen thousand dollars ($15,000.00), or such additional amount as is determined by the Director to protect the City in the event of non-compliance with the requirements hereof.
[Ord. No. 4426, 1-24-2018]
Notwithstanding any right that may exist for a governmental
entity to operate or construct a wireless facility or support structure,
it shall be unlawful for any person to erect or operate for any private
commercial purpose any new wireless facility or support structure
in violation of this Article, regardless of whether such facility
or support structure is located on land owned by a governmental entity.
