A.
The intent and purposes of this Chapter are to address the following
factors related to wireless communications facilities and support
structures in the City as follows:
1.
Location. Provide for the appropriate location and deployment
of wireless communications infrastructure to better serve the citizens
and businesses of the City of Duquesne;
2.
Impacts. Minimize adverse visual impacts of wireless facilities
and support structures through careful design, siting, landscape screening
and innovative camouflaging techniques;
3.
Disguise Of Supporting Structures. Encourage the use of disguised
support structures so as to protect the architectural and scenic quality
of the City;
4.
Compliance With Current State Law. Comply with applicable law,
including the Federal Telecommunications Act of 1996, 47 U.S.C. § 332,
and the Missouri Uniform Wireless Communications Infrastructure Deployment
Act, § 67.5090 et seq., RSMo.
As used in this Chapter, the following terms shall have the
meanings indicated:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters, or similar structures.
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
Any person engaged in the business of providing wireless
communications services or the wireless communications infrastructure
required for wireless communications services who submits an application.
A request submitted by an applicant to the City to construct
a new wireless support structure, for the substantial modification
of a wireless support structure, or for co-location of a wireless
facility or replacement of a wireless facility on an existing structure.
A permit issued by the City prior to commencement of work
on the co-location of wireless facilities on an existing structure,
the substantial modification of a wireless support structure, or the
commencement of construction of any new wireless support structure,
solely to ensure that the work to be performed by the applicant satisfies
the applicable building code.
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings, and other
structures capable of structurally supporting the attachment of wireless
facilities in compliance with applicable codes.
Any freestanding, man-made structure designed for the support
of wireless facilities, the presence of which is camouflaged or concealed
as an architectural or natural feature. Such structures may include,
but are not limited to, clock towers, campaniles, observation towers,
pylon sign structures, water towers, artificial trees, flagpoles and
light standards.
An electrical transmission structure used to support high-voltage
overhead power lines. The term shall not include any utility pole.
An area surrounding or near a wireless support structure
within which are located wireless facilities.
A structure that exists at the time a request to place wireless
facilities on a structure is filed with an authority. The term includes
any structure that is capable of supporting the attachment of wireless
facilities in compliance with applicable building codes, National
Electric Safety Codes, and recognized industry standards for structural
safety, capacity, reliability, and engineering, including, but not
limited to, towers, buildings, and water towers. The term shall not
include any utility pole.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of a structure
at ground level to its highest point, including the main structure
and all attachments thereto.
Includes constructing a new wireless support structure of
equal proportions and of equal height or such other height that would
not constitute a substantial modification to an existing structure
in order to support wireless facilities or to accommodate co-location
and includes the associated removal of the preexisting wireless facilities
or wireless support structure.
All signs which advertise products, services or businesses
which are not located on the same premises as the sign, including
billboards, detached pole signs on separate parcels, wall signs and
signs otherwise attached to buildings and/or supported by uprights
or braces on the ground.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
Increases the existing vertical height of the structure by more
than ten percent (10%), or the height of one (1) additional antenna
array with separation from the nearest existing antenna not to exceed
twenty (20) feet, whichever is greater;
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable);
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
Any person, corporation, county, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, wastewater, data, cable television,
or telecommunications or Internet protocol-related services.
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables, or wires for telephony,
cable television, or electricity, or to provide lighting.
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services.
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
A.
Satellite earth stations less than six (6) feet in diameter and receive-only
home television antennas are allowed as accessory uses in all districts
without any permit, and wireless facilities and support structures
which meet any of the following criteria may be constructed, repaired
or modified upon receipt of a building permit issued by the Building
Official:
1.
Co-Location And Replacement. Co-location and replacement applications, provided that no permit may be issued for co-location to a certified historic structure as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the Building Official within thirty (30) days prior to issuance. The Director shall provide public notice of such public hearing in the same manner as required for proposed Zoning Code changes. Such applications are subject to Section 410.060(A) of this Chapter but no other zoning or land use requirements, including design or placement requirements, or public hearing review.
2.
Roof Mounting. The mounting of wireless facilities in or on
the roof of any existing building other than a single-family residence,
provided that the building was not constructed primarily for the support
of antennas, and provided that the height of the facilities does not
exceed twenty (20) feet from its mounting and that such use is not
otherwise prohibited by ordinance.
3.
Commercial Or Public Radio Or Television. Wireless facilities
or support structures for the operations of a commercial or public
radio or television station licensed by the Federal Communications
Commission or a local, State or Federal law enforcement or emergency
agency may be installed as permitted by law in non-residential districts.
4.
Installation On Electrical Transmission Towers. The installation
or mounting of antennas on any electrical transmission towers located
in any commercial zoning district of the City is permitted, subject
to written proof that such installation is permitted by the applicable
utility.
5.
Disguised Support Structures. The installation of a disguised
support structure and related wireless facilities as part of a building
or structure that is otherwise allowed in the district in which located.
6.
Amateur Radio Facilities. Wireless facilities or support structures
for the operation of a licensed amateur radio facility within the
City. The permit application must be accompanied by proof that the
applicant or an occupant of the property is a licensed amateur radio
operator and is subject to the following requirements:
a.
The Building Official shall issue an amateur radio antenna/structure
permit if it is determined that:
(1)
Any antenna(s) mounted on a roof shall not extend
more than sixty-eight (68) feet above grade;
(2)
Any tower-mounted antenna(s) shall not extend more
than sixty-two (62) feet above grade when fully extended; and
(3)
The requirements of this Section regarding location,
structural components and wiring are complied with.
Permits for ground-mounted antennas and supports intended exclusively
for the support of wire antennas which are so erected as to be readily
capable of being relocated from time to time shall describe the area
within which such an antenna or support may be positioned.
b.
Any person desiring to install, erect or maintain an amateur
radio antenna at any height greater than set forth in the preceding
Subsection shall file an application therefor with the Board of Adjustment.
No fee shall be required for this application. The Board of Adjustment
may grant a permit to allow construction to such height as it shall
determine if it finds that topographical circumstances or other operational
parameters of the antenna(s) and the associated radio equipment so
require and that there are adequate provisions to protect adjoining
properties.
c.
Wireless facilities or support structures for licensed amateur
radio uses that are ground-mounted shall be located in the rear of
the lot between the rear line of the principal building on the lot
and six (6) feet from the rear lot line. No such antenna, nor any
portion of any base or support therefor, may be closer than six (6)
feet to any lot line; provided, further, that on corner lots no antenna
may be closer to any street than the principal building.
All wireless facilities and support structures to be installed, built or otherwise modified that are not expressly permitted by Section 410.030 herein, and not prohibited by Section 410.050 below, shall require a special use permit issued in accordance with the procedures contained in Section 404.135, Special Use Permit, of this Title, as well as a building permit.
A.
Except as otherwise provided in Section 410.030:
1.
Residentially Zoned Districts. No wireless facilities or support
structures shall be permitted in residentially zoned districts, other
than for licensed amateur radio uses.
2.
Total Height. No wireless facilities or support structures shall
be permitted to have a total height in excess of one hundred (100)
feet.
3.
Installations On Buildings. Wireless facilities installed on
a building shall not exceed twenty (20) feet from the highest point
of the building, other than for licensed amateur radio uses.
4.
Advertising Or Signage. Unless a disguised support structure
is in the form of a standard outdoor advertising structure, the placement
of advertising or signs on wireless support structures is prohibited.
A.
The general criteria and preferences for approving wireless facilities
and support structures under this Section shall be as follows:
1.
Building Codes And Safety Standards. All wireless facilities
and support structures shall meet or exceed the standards and regulations
contained in applicable State and local building codes, National Electric
Safety Codes, and recognized industry standards for structural safety,
capacity, reliability, and engineering.
2.
Regulatory Compliance. All wireless facilities and support structures
shall meet or exceed current standards and regulations of the FAA,
FCC and any other Federal or State agency with the authority to regulate
such facilities and support structures. Should such standards or regulations
be amended, then the owner shall bring such facilities and support
structure into compliance with the revised standards or regulations
within six (6) months of the effective date of the revision unless
a different date is established by the controlling agency.
3.
Supports. No more than one (1) antenna tower may be erected
on any lot in the City; provided, however, that a support used exclusively
for the support of a wire antenna for a licensed amateur radio facility
and being no wider than six (6) inches at grade and having a height
no greater than fifty (50) feet above grade shall not be considered
as an antenna tower for purposes of calculating the permitted number
of such towers under this Subsection.
4.
Lighting. Wireless facilities and support structures shall not
be illuminated at night unless required by the FAA or other Federal
or State agencies, in which case, a description of the required lighting
scheme will be made a part of the application.
5.
Design.
a.
Wireless facilities and support structures should, to the extent
reasonably possible, be architecturally and visually compatible with
surrounding buildings, structures, vegetation and/or uses already
in the area or likely to exist under the regulations of the underlying
zoning district.
b.
Wireless support structures, except disguised support structures,
shall maintain a galvanized steel finish or, subject to the requirements
of the FAA, FCC or any other applicable Federal or State agency, be
painted a neutral color consistent with the natural or built environment
of the site.
c.
Wireless facilities other than antennas shall have an exterior
finish compatible with the natural or built environment of the site
and shall also comply with such other reasonable design guidelines
as may be required by the City.
d.
Wireless facilities mounted on buildings should be made to appear
as unobtrusive as possible by location as far away as feasible from
the edge of the building and by making them a color consistent with
the natural or building backdrop.
e.
Wireless facilities shall be screened by appropriate landscaping
and/or fencing. Wireless support structures shall be surrounded by
a landscape strip of not less than ten (10) feet in width and planted
with materials which will provide a visual barrier to a minimum height
of six (6) feet. Evergreen trees shall be a minimum of six (6) feet
tall and deciduous trees not less than two and one-half (2 1/2)
inches in caliper at time of planting. Said landscape strip shall
be exterior to any security fencing. In lieu of the required landscape
strip, a minimum six-foot-high decorative masonry fence or wall may
be approved by the City upon demonstration by the applicant that an
equivalent degree of visual screening is achieved.
f.
All wiring to or from ground-mounted antennas or antenna towers
located more than five (5) feet from the nearest building wall shall
be underground; provided, however, that feed lines to and from antennas
for licensed amateur radio facilities which must be open to the air
in order to operate as designed (so called "open wire feed lines")
need not be enclosed or located underground.
6.
Location And Setback.
a.
Wireless support structures, except disguised support structures,
shall not be located within two hundred (200) feet of any residential
structure.
b.
All wireless support structures, except disguised support structures,
shall be separated from any residential structure at least a distance
equal to the height of the support structure plus ten (10) feet. Support
structures on parcels adjacent to residentially zoned property shall,
at a minimum, meet the setbacks of the applicable zoning district
as required for the principal structure along the adjoining property
lines. No support structure may be placed on residentially zoned property
closer to any residential structures on adjoining properties than
the distance from the support structure to the principal structure
located on the lot on which the support structure is located.
A.
Guy Wires. For any guyed wireless support structure, ground anchors
shall be located on the same parcel as the structure, and such anchors
shall meet the setbacks required for accessory buildings within the
zoning district.
B.
On-Site Storage. Vehicle or outdoor storage on the site of any wireless
facilities or support structure is prohibited.
C.
Parking. On-site parking for periodic maintenance and service shall
be provided at all locations of wireless facilities and support structures.
D.
Removal Of Unused Or Obsolete Facilities. Any wireless facility or
support structure no longer used for its original communications purpose
shall be removed at the owner's expense. The owner and applicable
co-users shall provide the City with a copy of any notice to the FCC
of intent to cease operations and shall have ninety (90) days from
the date of ceasing operations to remove the facility and/or support
structure. In the case of co-use, this provision shall not become
effective until all users cease operations. Any wireless support structure
not in use for a period of one (1) year shall be deemed a public nuisance
and may be removed by the City at the owner's expense. Removal
of facilities shall not be a condition of approval of any application.
E.
Evidence Of Property Use Rights. Prior to the issuance of a building
or conditional use permit, other than for a co-location or replacement
application, the City may require submittal of easement documents,
lease agreements or other documentation of evidence of the right to
utilize the property for location of wireless facilities and/or support
structures.
A.
Time Limits. All applications regarding wireless facilities and support
structures shall be processed in accordance with the time limits established
by Sections 67.5090 to 67.5103, RSMo.
B.
Fees. Fees for applications regarding wireless facilities and support
structures shall not exceed the limits established by Sections 67.5090
to 67.5103, RSMo.
