[R.O. 1997 § 430.010; Ord. No. 2417, 12-10-2018[1]]
A.
Purposes. The general purpose of this Chapter
is to regulate the placement, construction, collocation, replacement
and modification of wireless support structures, wireless facilities
and base stations 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 the City of Wildwood. Specifically, this Chapter is
intended to:
1.
Provide for the appropriate location
and development of wireless support structures and wireless facilities
to serve the residents and businesses of the City of Wildwood;
2.
Minimize adverse visual impacts of
wireless support structures and wireless facilities through the careful
design, siting, landscape screening and innovative camouflaging techniques;
3.
Ensure that any new wireless support
structures are located in an area compatible with the neighborhood
or surrounding community to the extent possible; and
4.
Ensure that regulation of wireless support structures, wireless
facilities and base stations does not have the effect of prohibiting
the provision of personal wireless services, does not unreasonably
discriminate among functionally equivalent providers of such service
and promotes the provision and availability of communication services
within the City.
B.
Applicability; Preemption. Notwithstanding
any ordinance to the contrary, the procedures and regulations set
forth in this Chapter shall be applicable to all wireless support
structures, wireless facilities and base stations existing or installed,
built, modified, collocated or replaced after the effective date of
this Chapter to the fullest extent permitted by law. No provision
of this Chapter shall apply to any circumstance in which such application
shall be unlawful under superseding Federal or State law and, furthermore,
if any portion of this Chapter is now or in the future superseded
or preempted by Federal or State law or found by a court of competent
jurisdiction to be unauthorized, such provision shall be automatically
interpreted and applied as required by law.
[1]
Editor's Note: Former Chapter 430, Regulation of Placement
of Communications Antennae And Support Structures, adopted 12-23-1996
by Ord. No. 306, was repealed 12-10-2018 by Ord. No. 2417.
[R.O. 1997 § 430.020; Ord. No. 2417, 12-10-2018]
A.
On February 8, 1996, Congress enacted the
Federal Telecommunications Act of 1996, P.L. No. 104-104. The purpose
of the Act included deregulation of the telecommunications industry
and providing a more competitive environment for wired and wireless
telecommunication services in the United States.
B.
The Telecommunications Act of 1996 preserves
the authority of the City to regulate the placement, construction,
and modification of personal wireless service facilities and to protect
the health, safety and welfare of the public.
C.
The City has been granted the authority
to enact legislation to regulate the construction, placement, and
operation of telecommunications towers and antennas pursuant to its
zoning powers established in Chapter 89 of the Revised Statutes of
Missouri and additionally pursuant to its general and specific Police
powers established by Statute authorizing the regulations herein to
protect the public health, safety and welfare.
E.
On February 22, 2012, Congress enacted
the Middle Class Tax Relief and Job Creation Act of 2012, P.L. No.
112-96. The Act prohibits the City from denying any eligible facilities
request for a modification of an existing wireless support structure
or base station that does not substantially change its physical dimensions.
F.
The Missouri General Assembly passed, and
the Governor signed on March 20, 2014, Senate Bill 650, reenacting
the Uniform Wireless Communications Infrastructure Deployment Act,
as amended by House Bill 1454, signed by the Governor on June 23,
2014. The purpose of the Act included ensuring that robust wireless
radio-based communication services are available throughout the State,
and the Act required a strict time frame in which applications must
be processed by municipalities.
G.
Consistent with the Telecommunications
Act of 1996, and as amended in 2014, the regulations of this Chapter
will not have the effect of prohibiting the provision of personal
wireless services, and do not unreasonably discriminate among functionally
equivalent providers of such service. The regulations also impose
reasonable restrictions to protect the public safety and welfare and,
consistent with the Middle Class Tax Relief and Job Creation Act of
2012 and the Uniform Wireless Communications Infrastructure Deployment
Act, ensure opportunities for the siting of wireless support structures,
the substantial modification of wireless support structures and eligible
facilities requests not resulting in a substantial modification of
an existing wireless tower or base station with prompt approval by
the City. The ordinance does not attempt to regulate in areas within
the exclusive jurisdiction of the FCC.
H.
The imposition of building and safety requirements
under this Chapter is essential to ensure a level of structural safety
and security to protect the public health, safety and welfare.
I.
The uncontrolled proliferation of wireless support structures in
the City of Wildwood is threatened without adoption of new regulations,
and would diminish property values, the aesthetic quality of the City,
and would otherwise threaten the health, safety and welfare of the
public.
[R.O. 1997 § 430.030; Ord. No. 2417, 12-10-2018]
As used in this Chapter, the following
terms shall have the meanings and usages indicated herein:
Any wireless support structure:
Declared abandoned by the owner of
such wireless support structure;
No longer in active use, physically
disconnected from a portion of the operating facility or any other
facility that is in use or in service, and no longer capable of being
used for the same or similar purpose for which the wireless support
structure was installed; or
No longer in active use and the owner
of such wireless support structure and the owner of the real property
upon which the wireless support structure is located fail to respond
within thirty (30) days to a written notice sent by the Director.
Any equipment serving or being used in conjunction with a
wireless 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.
Above Ground Level. 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, texts, microwave, cellular telephone
and similar forms of communications. The term shall exclude satellite
earth station antenna less than two (2) meters in diameter [mounted
within twelve (12) feet of the ground- or building-mounted] and any
receive-only home television antenna.
Any application for an administrative permit or conditional
use permit, as required by this Chapter.
A station at a fixed location authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics, and
includes a structure that currently supports or houses an antenna,
transceiver, coaxial cables, power supplies or other associated equipment.
This term does not encompass any tower or any equipment associated
with a tower.
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.
Any wireless support structure, and wireless facilities associated
therewith, that is designed to blend into the surrounding environment.
Examples include wireless support structures which are made to look
like trees, light poles or flag poles.
The placement or installation of a new wireless facility
on a wireless support structure, including electrical transmission
towers, water towers, buildings and other structures capable of structurally
supporting the attachment of wireless facilities in compliance with
applicable codes, or a base station.
The Director of Planning of the City or his/her designee.
Any freestanding, man-made structure designed for the support
of antenna, the presence of which is camouflaged or concealed as an
appropriately placed and designed 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, water towers, light standards,
flag poles and artificial trees.
December 10, 2018.
An electrical transmission structure used to support high
voltage overhead power lines. The term shall not include any utility
pole.
Any request for modification of an existing structure or
base station that involves:
An area surrounding or near a wireless support structure
within which are located wireless facilities.
A wireless support structure or, where applicable, a base
station, that exists at the time a request to place wireless facilities
on structure is filed with the Director. The term shall not include
a utility pole.
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.
A radio-communication station capable of being moved and
which ordinarily does move.
Any addition, deletion, or change, including the addition
or replacement of antenna, or any change to a structure requiring
a building permit or other governmental approval.
Means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i),
as may be amended.
Includes constructing a new wireless support structure or
base station of equal proportions and of equal height or such other
height that would not constitute a substantial modification to an
existing wireless support structure or base station 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 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.
The mounting of a proposed wireless facility on a wireless
support structure that has been reviewed and approved under the applicable
zoning and siting process or under another State or local regulatory
review process, or a wireless support structure that has not been
reviewed and approved because it was not in a zoned area when it was
built, but was lawfully constructed, which, as applied to the wireless
support structure as of its last zoning approval or, for changes in
height, its last zoning approval before February 2, 2012:
Except where necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable, an appurtenance added to the body of the wireless
support structure protrudes horizontally from the edge of the structure
by the greater of:
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; or
The modification would defeat previously
imposed requirements for camouflaging or concealment; or
The modification would not comply with conditions associated
with the siting approval of the construction or modification of the
wireless support structure, unless the modification would only be
non-compliant in a manner that would not exceed the above thresholds
for a substantial modification regarding height, width, etc.
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 that includes attachments of
sixty-five (65) feet or less in height owned and operated by an amateur
radio operator licensed by the FCC.
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, waste water, 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, as may be amended.
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 term includes any disguised
support structure. This term does not encompass utility poles.
[R.O. 1997 § 430.040; Ord. No. 2417, 12-10-2018]
A.
New Wireless Support Structures And Substantial
Modifications. The requirements set forth in this Subsection shall
be applicable to the construction of any new wireless support structure
and the substantial modification of any wireless support structure
occurring after the effective date, to the fullest extent permitted
by law.
1.
Principal Or Incidental Use. Any
wireless support structure or wireless facilities regulated by this
Chapter may be either a principal use in all zoning districts or an
incidental use to existing multiple-family, institutional or non-residential
uses, subject to any applicable district requirement relating to yard
or setback.
2.
Building Codes, Safety Standards, And Zoning Compliance. To ensure the structural integrity of wireless support structures, the owner shall see that any wireless support structure regulated by this Chapter is maintained, constructed or substantially modified in compliance with all standards contained in applicable State and City building codes; the applicable standards published by the Electronic Industries Association; and all applicable provisions of the Code pertaining to land use, zoning and safety, including those set forth for the applicable zoning district; as amended from time to time. In addition to any other approvals required by this Section, no new wireless support structure shall be erected nor any wireless support structure substantially modified prior to receipt of a certificate of zoning authorization and the issuance of a building permit pursuant to Chapter 500 of this Code.
3.
Regulatory Compliance. Any wireless
support structure regulated by this Chapter shall meet or exceed current
standards and regulations of the FAA, FCC and any other State or Federal
agency with the authority to regulate the same, and including all
applicable required licenses, permits and taxes. Should such standards
or regulations be amended, then the owner shall bring such wireless
support structure into compliance with the revised standards or regulations
within the time period mandated by the controlling agency. No approval
for the construction of any new wireless support structure or the
substantial modification of any wireless support structure permitted
by this Chapter shall be granted for any applicant having an uncured
violation of this Chapter or any other governmental regulatory requirement
related to the construction of any new wireless support structure
or the substantial modification of any wireless support structure
within the City.
4.
Security. Any wireless support structure
regulated by this Subsection 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
construct or substantially modify such 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 by the Planning and Zoning Commission in the case
of a conditional use permit.
5.
Lighting. Any wireless support structure
regulated by this Subsection 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 build or modify the wireless support
structure. Lighting consistent with the design of a disguised support
structure may be approved by the Director.
6.
Advertising. Unless a disguised support
structure in the form of an otherwise lawfully permitted pylon sign,
the placement of advertising on wireless support structures regulated
by this Subsection is prohibited.
7.
Design.
a.
Any disguised support structure regulated
by this Subsection shall be consistent with and not detract from the
character and use of the area in which it is located; shall not contain
distorted proportions, size or other features not typically found
on the type of structure or feature to which it is designed to replicate;
shall be unidentifiable as a wireless support structure by persons
with reasonable sensibilities and knowledge; and shall be of a height,
design and type that would ordinarily occur at the location selected.
Wireless facilities associated with the disguised support structure
shall be wholly concealed using a manner consistent with and typically
associated with the architectural or natural structure or feature
being replicated.
b.
Unless a disguised support structure,
any wireless support structure regulated by this Subsection shall
maintain a galvanized steel finish or, subject to the requirements
of the FAA or any applicable State or Federal agency, be painted a
neutral color consistent with the natural or built environment of
the site. The Planning and Zoning Commission may approve a reasonable
alternative painting scheme. Any wireless facility attached or mounted
to any wireless support structure regulated by this Subsection shall
be of a color identical to or closely compatible with the wireless
support structure to which it is attached or mounted.
c.
Any wireless support structure regulated by this Subsection, including
any wireless facility attached or mounted to any wireless support
structure regulated by this Subsection, shall not exceed the height
limitation of any airport overlay zone as may be adopted by the City
or other regulatory agency. The Planning and Zoning Commission, or
the City Council if applicable, shall consider district height restrictions
in determining whether the design and location are appropriate under
the applicable standards of approval for an application. Unless the
applicant clearly demonstrates that such height is required for the
proper functioning of the system, no wireless support structure regulated
by this Subsection, including any wireless facility attached or mounted
to any wireless support structure regulated by this Subsection, shall
exceed two hundred (200) feet AGL.
d.
Any wireless support structure regulated
by this Subsection shall be surrounded by a minimum six-foot-high
decorative wall constructed of brick, stone or comparable masonry
materials and 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. The landscape strip shall be
exterior to any security wall. In lieu of the required wall and landscape
strip, an alternative means of screening may be approved by the Director
in the case of a permitted use or use permitted by administrative
permit, or by the Planning and Zoning Commission in the case of a
conditional use permit, upon demonstration by the applicant that an
equivalent degree of visual screening will be achieved.
e.
Any wireless support structure regulated
by this Subsection shall be separated from any off-site single- or
two-family residential structure a distance equal to the height of
the wireless support structure, including any wireless facility attached
or mounted to the wireless support structure. Any wireless support
structure regulated by this Subsection on parcels adjacent to residentially
zoned property shall meet the setbacks of the applicable zoning district
as are required for a principal structure along the adjoining property
line(s). Where adjacent to non-residentially zoned property, any such
wireless support structure shall maintain setbacks as are required
for accessory structures.
f.
Ground anchors of all guyed towers,
if permitted, shall be located on the same parcel as the tower and
meet the setbacks of the applicable zoning district.
g.
Vehicle or outdoor storage on the
site of any wireless support structure is prohibited, unless otherwise
permitted by the zoning district.
h.
On-site parking for periodic maintenance
and service shall be provided at all wireless support structure locations
consistent with the underlying zoning district.
B.
Eligible Facilities Requests. The requirements
set forth in this Subsection shall be applicable to any eligible facilities
request for the modification of an existing wireless support structure
or base station that is not a substantial modification of such wireless
support structure or base station occurring after the effective date,
to the fullest extent permitted by law.
1.
Building Codes And Safety Standards. To ensure the structural integrity of any wireless support structure or base station regulated under this Subsection, the owner shall see that any modification of any wireless facility or base station is in compliance with all standards contained in applicable State and City building codes set forth in Chapter 500 of this Code, as amended, the applicable standards published by the Electronics Industries Association, and recognized industry standards for structural safety, capacity, reliability and engineering, as amended from time to time.
[R.O. 1997 § 430.050; Ord. No. 2417, 12-10-2018]
Eligible facilities requests and
the installation of any antenna or the construction of a wireless
support structure on buildings or land owned by the City following
the approval of a lease agreement by the City Council shall be permitted
in all zoning districts.
[R.O. 1997 § 430.060; Ord. No. 2417, 12-10-2018]
A.
Authorization. The following are permitted
by administrative permit approved by the Director:
1.
Any eligible facilities request that is not a substantial modification pursuant to Section 430.040(B); and
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.
B.
Application Content. Applications for administrative
permits shall be filed in the office of the Director and accompanied
by payment of the established fee, payable to the City to cover the
costs of administrative expenses associated with the application.
Any amount of the fee not used by the City shall be refunded to the
applicant(s) upon written request after a final decision. Applications
shall be submitted on forms prepared by the Director, and shall include
the following:
1.
A legal description of the property
to be affected, including one (1) hard printed copy and one (1) electronic
copy in a Microsoft Word compatible format;
2.
A scaled map of such property, correlated
with the legal description and clearly showing the property's location;
3.
The names, addresses and telephone
numbers of the applicant(s), all the fee owners of such property and
their agents, if any, and copies of the deeds on file with the office
of the St. Louis County Recorder of Deeds evidencing such ownership;
4.
A copy of a lease, letter of authorization
or other agreement from the property owner(s) evidencing the applicant's
right to pursue the application;
5.
Date of filing with the Director;
6.
Signature(s) of the applicant(s)
and owner(s) certifying the accuracy of the required information.
If the owner(s) of the property or the applicant(s) are a trust or
business entity, then proof of the party executing the application
must be provided by way of resolution, minutes, bylaws, articles of
incorporation or some other reasonable means;
7.
A to scale visual description of
the type of any wireless support structure, base station and wireless
facility for which permission is sought by the applicant(s) and the
eligible facilities request being made;
8.
The present zoning of the property
to be affected; and
9.
All other information necessary to show compliance with the requirements of this Section and Section 430.040(B) of this Code.
C.
Application Procedures. Within forty-five
(45) calendar days of receiving a completed application for an administrative
permit, the Director shall:
1.
Review the application for completion and for its conformity with all applicable standards set forth in Section 430.040(B) of this Code.
a.
For purposes of this Subsection,
an application is deemed complete unless the Director notifies the
applicant(s) in writing within fifteen (15) calendar days of submission
of the application of the specific deficiencies in the application
which, if cured, would make the application complete. This notice
must clearly and specifically delineate all missing documents or information.
b.
When the applicant(s) make a supplemental
submission in response to such notice, the Director must notify the
applicant(s) within ten (10) days if the supplemental submission did
not provide the information identified in the original notice delineating
missing information. Missing documents or information not delineated
in the original notice of incompleteness may not be delineated in
this subsequent notice.
c.
Upon receipt of a timely written
notice that an application is deficient, the applicant(s) may take
fifteen (15) calendar days from receiving such notice to cure the
specific deficiencies. If the applicant(s) cure the deficiencies within
said period of fifteen (15) calendar days, the application shall be
processed within forty-five (45) calendar days from the initial date
the application was received. If the applicant(s) require a period
of time beyond fifteen (15) calendar days to cure the specific deficiencies,
the forty-five (45) calendar day deadline for the Director to review
the application shall be extended by the same period of time.
d.
The application shall be deemed approved
if the City Engineer fails to act on an application within the applicable
time frame under this Subsection.
[R.O. 1997 § 430.070; Ord. No. 2417, 12-10-2018]
A.
Permit — Approval. All proposals to construct or substantially modify any wireless support structure not permitted by Section 430.050, Permitted Uses, or Section 430.060, Authorization By Administrative Permit, or not in compliance with the requirements of this Chapter, shall require the approval of a conditional use permit, subject to the following requirements, procedures and limitations.
B.
Filing Of Applications And Fees.
1.
An application for any conditional
use permit to construct or substantially modify any wireless support
structure pursuant to this Section and shall be filed in the office
of the Director. Incomplete applications will not be reviewed.
2.
Applications shall be accompanied by payment of the fee of five hundred dollars ($500.00) established in the fee schedule under Section 415.550 of this Code, payable to the City to cover the costs of advertising, notification and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.
3.
Applications shall be submitted on
forms prepared by the Director, and shall contain the following information:
a.
A legal description of the property
to be affected, including one (1) hard printed copy and one (1) electronic
copy in a Microsoft Word compatible format;
b.
A scaled map of such property, correlated
with the legal description and clearly showing the property's location;
c.
The names, addresses and telephone
numbers of the applicant(s), all the fee owners of such property and
their agents, if any, and copies of the deeds on file with the office
of the St. Louis County Recorder of Deeds evidencing such ownership;
d.
A copy of the lease, letter of authorization
or other agreement from the property owner(s) evidencing the applicant's
right to pursue the application;
e.
Date of filing with the Director;
f.
The present zoning, proposed change
of zoning, if any, and proposed use of such property;
g.
The names and mailing addresses of
property owners within an area determined by lines drawn parallel
to and three hundred (300) feet distant from the boundaries of the
property or properties to be affected;
h.
Signature(s) of the applicant(s)
and owner(s) certifying the accuracy of the required information.
If the owner(s) of the property or the applicant(s) are a trust or
business entity, then proof of the party executing the application
must be provided by way of resolution, minutes, bylaws, articles of
incorporation or some other reasonable means;
i.
A detailed site plan, based on a
closed boundary survey of the host parcel, 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; hydrologic features; the coordinates
of the existing or proposed wireless support structure, including
any attached wireless facilities, and the coordinates resulting from
any proposed modification thereto; and height AGL of any existing
or proposed wireless support structure, including wireless facilities,
and the height resulting from any proposed modifications thereto;
j.
Photographs or other pictorial representations
of the new wireless support structure, or the substantial modification
of a wireless support structure, as viewed from neighboring properties
to demonstrate if the wireless support structure is harmonious with
the appearance and character of the neighborhood;
k.
A landscape plan detailing the landscaping
around the base of all wireless support structures, including related
wireless facilities and equipment compounds;
l.
A description of the type of wireless
support structure for which a permit is being sought and, if a permit
is being sought for a modification, a description of the modification
proposed;
m.
A preliminary development plan including the information required by Section 415.500(H)(1)(d) of this Code; and
C.
Procedure.
1.
Except as provided in this Section, the procedures for consideration of a conditional use permit pursuant to this Section shall be the same as set forth in Section 415.500 of this Code.
2.
Notwithstanding the requirements of Section 415.500 of this Code to the contrary, any conditional use permit required under this Section shall be finally acted upon within one hundred twenty (120) calendar days of receiving a completed application for such conditional use permit, or within such additional time as may be provided for in this Subsection (C) or mutually agreed to by the applicant and the City.
a.
For purposes of this Section, an
application is deemed to be complete unless the Director notifies
the applicant(s) in writing, within thirty (30) calendar days of submission
of the application, of the specific deficiencies in the application
which, if cured, would make the application complete. This notice
must specify the Code provision, ordinance, application instruction,
or other publicly stated procedure that requires the information to
be submitted.
b.
Upon receipt of a timely written
notice that an application is deficient, the applicant(s) must cure
the specified deficiencies within thirty (30) calendar days from receipt
of such notice.
c.
After the applicant(s) makes a supplemental
submission in response to this notice, the Planning and Zoning Commission
must notify the applicant(s) within ten (10) calendar days if the
supplemental submission did not provide the information identified
in the original notice delineating missing information. Missing documents
or information not delineated in the original notice of incompleteness
may not be delineated in this subsequent notice. If the applicant(s)
cured the deficiencies within thirty (30) calendar days from receipt
of the initial notice of incompleteness, the application shall be
reviewed and finally acted upon within one hundred twenty (120) calendar
days from the initial date the application was received.
d.
If the applicant(s) requires a period
of time beyond thirty (30) calendar days to cure the specific deficiencies,
the 120-day deadline set forth herein shall be extended by the same
period of time.
e.
The application shall be deemed approved
if not finally acted upon within the applicable time provided for
in this Subsection.
3.
Notwithstanding the provisions of Section 415.500 of this Code to the contrary, if the Planning and Zoning Commission fails to take action on an application within ninety (90) calendar days of submission of a completed application, the application shall be submitted to the City Council for public hearing and action pursuant to Section 415.500 with a recommendation from the Director.
4.
Upon any final action being taken by the Planning and Zoning Commission or the City Council, consistent with Section 415.500 of this Code, the Director shall deliver, by registered mail, to the applicant(s) a written decision which shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law, but shall be delivered at the same time, and shall include a concise statement of the findings on which the Planning and Zoning Commission or the City Council based its decision. The decision shall be supported by substantial evidence in a written record and, if denied, must describe the specific reasons for denial.
D.
When deciding whether to approve or deny
a conditional use permit under this Section, the Planning and Zoning
Commission and, if applicable, the City Council shall consider and
make findings pertaining to the following:
1.
Whether the proposed conditional use complies with each of the applicable requirements set forth in Section 430.040 of this Code;
2.
Whether the proposed conditional
use will contribute to and promote the general welfare, health, safety
and convenience of the City's residents; and
3.
Whether the denial of the conditional
use permit will prohibit or have the effect of prohibiting the provision
of personal wireless services.
E.
The Planning and Zoning Commission or,
if applicable, the City Council shall impose such conditions as it
deems reasonably necessary. Such condition may include requirements
for camouflaging if a determination is made that camouflaging is necessary
to preserve the appearance and character of the properties surrounding
the wireless support structure.
F.
Additional Limitations. If the City has
by order agreed to participate in a multimunicipality commission to
coordinate new tower or structure applications, an application made
pursuant to this Section shall also be submitted to such commission
simultaneous with the filing of the request with the City. The Planning
and Zoning Commission may consider any comments from such commission
but shall not allow a delay in receiving such comments to significantly
delay a decision on the conditional use permit.
[R.O. 1997 § 430.075; Ord. No. 2417, 12-10-2018]
A.
A Request For A Variance.
1.
Notwithstanding the provisions of Article II of Chapter 400 of this Code to the contrary, when an applicant requests some variation from the requirements of Chapter 415 or Chapter 430 of the Code of Ordinances of the City of Wildwood to construct a new wireless support structure or for a substantial modification of a wireless support structure, and where the strict application of Chapter 415 or Chapter 430 would involve undue hardship, the applicant may request a variance pursuant to this Section.
2.
In reviewing a requested variance
under this Section, the Board of Adjustment, may consider, but is
not limited to, the following questions:
a.
Does the hardship result from the strict application of the regulations of Chapter 415 or Chapter 430?
b.
Is the hardship suffered by the property
in question?
c.
Is the hardship the result of the
applicant's own action?
d.
Is the requested variance in harmony
with the general purpose and intent of the zoning regulations and
does it preserve the spirit of the zoning regulations?
e.
If the variance is granted, will
the public safety and welfare be assured and will substantial justice
be done?
f.
If the variance is denied, will it
prohibit or have the effect of prohibiting the provision of personal
wireless services under 47 U.S.C. § 332(C)(7)(B)(i)(II)?
B.
Application.
1.
An application for a variance to
construct a new wireless support structure, or for a substantial modification
of a wireless support structure, shall be filed with the Director.
Incomplete applications will not be reviewed.
2.
Applications shall be accompanied
by payment of one thousand five hundred dollars ($1,500.00), payable
to the City to cover the costs of advertising, notification, and other
administrative expenses associated with the application. No part of
such fee shall be returnable to the applicant.
3.
Applications shall be submitted on
forms prepared by the Director and shall contain the following information:
a.
A legal description of the property
to be affected, including one (1) hard printed copy and one (1) electronic
copy in a Microsoft Word compatible format;
b.
A scaled map of such property, correlated
with the legal description and clearly showing the property's location;
c.
The names, addresses and telephone
numbers of the applicant(s), all the fee owners of such property and
their agents, if any, and copies of the deeds on file with the office
of the St. Louis County Recorder of Deeds evidencing such ownership;
d.
A copy of the lease, letter of authorization
or other agreement from the property owner(s) evidencing the applicant's
right to pursue the application;
e.
Date of filing with the Director;
f.
The present zoning, proposed change
of zoning, if any, and proposed use of such property;
g.
The names and mailing addresses of
property owners within an area determined by lines drawn parallel
to and one thousand (1,000) feet distant from the boundaries of the
property or properties to be affected;
h.
Signature(s) of the applicant(s)
and owner(s) certifying the accuracy of the required information.
If the owner(s) of the property or the applicant(s) are a trust or
business entity, then proof of the party executing the application
must be provided by way of resolution, minutes, bylaws, articles of
incorporation or some other reasonable means;
i.
A detailed site plan, based on a
closed boundary survey of the host parcel, 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; hydrologic features; the coordinates
of the existing or proposed wireless support structure, including
any attached wireless facilities, and the coordinates resulting from
any proposed modification thereto; and height AGL of any existing
or proposed wireless support structure, including wireless facilities,
and the height resulting from any proposed modifications thereto;
j.
Photographs or other pictorial representations
of the new wireless support structure, or the substantial modification
of a wireless support structure, as viewed from neighboring properties
to demonstrate if the wireless support structure is harmonious with
the appearance and character of the neighborhood;
k.
A landscape plan detailing the landscaping
around the base of all wireless support structures, including related
wireless facilities and equipment compounds;
l.
A description of the type of wireless
support structure for which a permit is being sought and, if a permit
is being sought for a modification, a description of the modification
proposed;
m.
The specific provisions of this Code
for which the variance(s) are sought; and
n.
All other information deemed necessary
by the Director.
C.
Application Review. Except as provided this Section; the Board of Adjustment shall proceed with the review of an application for variance under this Section consistent with the procedure set forth in Article II of Chapter 400 of this Code and Section 89.100, RSMo., as amended. The Board of Adjustment shall act upon any application for a variance within one hundred twenty (120) calendar days of receiving a completed application for a variance required under this Section, or within such additional time as may be mutually agreed to by the applicant(s) and the City:
1.
For purposes of this Subsection,
an application is deemed to be complete unless the Director notifies
the applicant(s) in writing, within thirty (30) calendar days of submission
of the application, of the specific deficiencies of the application
which, if cured, would make the application complete. This notice
must specify the Code provision, ordinance, application instruction,
or other publicly stated procedure that requires the information to
be submitted.
2.
Upon receipt of a timely written
notice that an application is deficient, the applicant(s) must cure
the specified deficiencies within thirty (30) calendar days from receipt
of such notice.
3.
After the applicant(s) makes a supplemental
submission in response to this notice, the Director must notify the
applicant(s) within ten (10) calendar days if the supplemental submission
did not provide the information identified in the original notice
delineating missing information. Missing documents or information
not delineated in the original notice of incompleteness may not be
delineated in this subsequent notice.
4.
If the applicant(s) cured the deficiencies
within thirty (30) calendar days from receipt of the initial notice
of incompleteness, the application shall be finally acted upon by
the Board of Adjustment within one hundred twenty (120) calendar days
from the initial date the application was received.
5.
If the applicant(s) requires a period
of time beyond thirty (30) calendar days to cure the specific deficiencies,
the 120-day deadline set forth herein shall be extended by the same
period of time.
6.
The application shall be deemed approved
if not finally acted upon within the applicable time frame set forth
in this Subsection, or as may be mutually agreed to by applicant(s)
and the City.
[R.O. 1997 § 430.080; Ord. No. 2417, 12-10-2018]
Abandoned wireless support structures are hereby declared a public nuisance, and are subject to abatement pursuant to Chapter 215 of this Code.
[R.O. 1997 § 430.090; Ord. No. 2417, 12-10-2018]
Notwithstanding any right that may
exist for a governmental entity to operate or construct a wireless
support structure, it shall be unlawful for any person to erect or
operate for any private commercial purpose any new wireless facility,
wireless support structure or disguised support structure in violation
of any provision of this Chapter, regardless of whether such wireless
facility or disguised support structure is located on land owned by
a governmental entity.
[R.O. 1997 § 430.100; Ord. No. 2417, 12-10-2018]
Any person violating any provision
of this Chapter shall be subject to the penalties set forth in Section
89.120, RSMo., as amended. Each day the violation continues shall
constitute a separate offense.
