[CC 1990 § 31-06-01; Ord. No. 2978, 1-17-2018]
The purpose of this Article is to provide a process and a set
of standards for the placement, construction, maintenance and modification
of wireless radio-based communications facilities in order to:
A.
Implement a municipal policy concerning the provision of wireless
radio-based communications services, and the siting of their facilities;
B.
Establish clear guidelines, standards and time frames for the
exercise of municipal authority to regulate wireless radio-based communications
facilities in compliance with applicable Federal and State law;
C.
Insure that the City of Chesterfield can continue to fairly
and responsibly protect the public health, safety and welfare; and
D.
Enable the City of Chesterfield to discharge its public trust
consistent with rapidly evolving Federal and State regulatory policies,
industry competition and technological development.
[CC 1990 § 31-06-02; Ord. No. 2978, 1-17-2018]
A.
Public Property. The terms of this Article shall apply to all
wireless radio-based communications facilities proposed to be located
within the City of Chesterfield whether on property owned by the City
of Chesterfield or on privately owned property, or on property owned
by another governmental entity that acts in a proprietary capacity
to lease such property to a carrier. This includes any areas of right-of-way.
B.
Amateur Radio, Receive-Only Antennas. This Article shall not
govern any tower, or the installation of any antenna that is under
thirty-five (35) feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
C.
Essential Services And Public Utilities. Wireless radio-based
communications facilities will not be considered infrastructure, essential
services, or public utilities as defined or used elsewhere in the
City of Chesterfield's ordinances and regulations. Siting of wireless
radio-based communications facilities is the use of land subject to
the City's zoning ordinances and all other applicable ordinances and
regulations, consistent with the provisions of this Article.
D.
Facility siting permits (FSP) for wireless radio-based communications
facilities may be issued for wireless communications facilities in
all zoning districts, consistent with the provisions of this Article.
E.
New construction, renovations and expansions, including routine
maintenance on existing wireless facilities, shall comply with the
requirements of this Article.
F.
No person shall be permitted to site, place, build, construct
or modify, or prepare any site for the placement or use of, wireless
facilities as of the effective date of this Article without having
first obtained a facilities siting permit for wireless communications
facilities. Notwithstanding anything to the contrary in this Section,
no facility siting permit shall be required for those exceptions noted
in the definition of wireless facilities, such as those used exclusively
for fire, police and other dispatch wireless communications, or exclusively
for private radio and television reception and private citizens' bands,
amateur radio and other similar wireless communications.
G.
All wireless facilities legally existing on or before the effective
date of this Article shall be allowed to continue as they presently
exist; provided, however, that any modification to existing wireless
facilities must comply with this Article.
H.
As used hereunder, Municipal Zoning Approval (MZA) does not
constitute zoning approval and refers to approval of the City of Chesterfield
Department of Planning and is not a zoning review as defined by Sections
67.5090 through 67.5104, RSMo.
I.
New wireless communications facilities, substantial modifications
of existing facilities, and/or collocations shall only be permitted
within right-of-way areas, regardless of whether said right-of-way
areas belong to the City or are currently under the jurisdiction of
another entity, pursuant to an agreement approved by the City Council.
[CC 1990 § 31-06-03; Ord. No. 2978, 1-17-2018]
A.
The requirements set forth in this Article shall be applicable
to all wireless radio-based communication facilities installed, built,
or modified after the effective date of this Article to the full extent
permitted by law whether on public property, private property, or
within any rights-of-way.
B.
Applications And Permits.
1.
All applicants for an FSP for wireless communications facilities
or any modification of any such facility shall comply with the requirements
set forth in this Article. The Council is the officially designated
agency or body of the community to whom applications for an FSP for
wireless communications facilities shall be made, and that is authorized
to review, analyze, evaluate and make decisions with respect to granting
or not granting, recertifying or not recertifying, or revoking facilities
siting permits for wireless communications facilities. The Council
may at its discretion delegate or designate other official departments
or agents of the City to approve, accept, review, analyze, evaluate
and/or make recommendations to the Council with respect to the granting
or not granting, recertifying or not recertifying or revoking FSPs
for wireless communications facilities.
2.
An application for an FSP for wireless communications facilities
shall be signed on behalf of the applicant by the person preparing
the same and with knowledge of the contents and representations made
therein and attesting to the truth and completeness of the information.
Said application shall also be signed by the property owner to which
the facility is located or is to be located. Each application shall
include a copy of the lease, letter of authorization or other legal
documentation from the property owner showing authority of the applicant
to pursue the application. At the discretion of the Council, any false
or misleading statement in the application may subject the applicant
to denial or revocation of approval of the application without further
consideration or opportunity for correction.
3.
Applications not meeting the requirements stated herein or which
are otherwise incomplete may be rejected by the City in writing and
listing the application deficiencies, within thirty (30) calendar
days of submission of the application. The applicant may take thirty
(30) days from receiving the insufficiency letter to correct the specific
deficiencies otherwise the documents submitted to the City will be
returned.
4.
Security. Facilities 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 wireless facilities.
5.
Lighting.
a.
The applicant will provide a written copy of an
analysis, completed by a qualified individual or organization, to
determine if the wireless structure intended to support wireless facilities
requires lighting under Federal Aviation Administration Regulation
Part 77. This requirement shall be for any new tower, or for an existing
structure or building where the application increases the height of
the structure or building. If this analysis determines that the FAA
must be contacted, then all filings with the FAA, all responses from
the FAA and any related correspondence shall be provided in a timely
manner.
b.
The City encourages installations that do not require
lighting under Federal Aviation Administration Regulation Part 77.
c.
Security lighting associated with equipment cabinets
and shelters shall not exceed one-half (0.5) footcandle at the property
line.
6.
Signage.
a.
Wireless facilities may be permitted one (1) sign
no larger than one (1) square feet to provide adequate notification
to persons in the immediate area of the presence of an antenna that
has transmission capabilities. Said sign shall contain the name(s)
of the owner(s) and operator(s) of the antenna(s) as well as emergency
phone number(s).
b.
The sign shall be located so as to be visible from
the access point of the site.
c.
Lighting associated with said sign must meet all
requirements of the City Code and be approved by the City Council
or its designee.
d.
No other signage, including advertising, shall be
permitted on any facilities, antennas, antenna supporting structures
or antenna towers, unless otherwise required by law.
7.
Design.
a.
Subject to the requirement of the FAA or any other
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 exterior
finish compatible with the natural or built environment of the site
and shall also comply with any design guidelines (exterior material
requirements) as may be applicable to the particular zoning district
in which the facility is located. All equipment shall be placed underground,
contained in a single shelter or cabinet, or wholly concealed within
a building.
c.
All towers shall be surrounded by a minimum six-foot-high
fence and a landscape buffer 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 buffer strip shall
be exterior to any security fence. In lieu of the required security
fence and landscape strip, an alternative means of screening, upon
demonstration by the applicant that an equivalent degree of visual
screening will be achieved, is available or may be requested and approved
by the City. This requirement does not apply to facilities located
with the right-of-way.
d.
Antennas attached to an existing building or structure
shall be of a color identical to or closely compatible with the surface
to which they are mounted. Antennas attached to a disguised support
structure or tower shall be contained within the disguised support
structure or within or mounted flush on the surface of the tower to
which they are mounted or disguised themselves. All antennas attached
to a disguised support structure shall be designed to be disguised
and maximally concealed on or within the support structure.
e.
Facilities located within the right-of-way shall
be of a single-pole design that shall not have antenna arrays that
protrude more than twelve (12) horizontal inches from the pole.
8.
Yard (Setback) Requirements.
a.
Wireless facilities shall be located within a minimum
structure setback from any property line of a distance equal to one
hundred ten percent (110%) height of the wireless facility structure
or the existing minimum structure setback requirement in that zoning
district, whichever is greater. This requirement shall not apply to
accessory equipment for wireless facilities located within the right-of-way.
b.
If the applicant demonstrates that the support structure
is designed with a failure point that necessitates a yard setback
less than that of height of the tower, the City shall consider said
request. However, at no time shall the minimum yard setback be less
than the minimum structure setback of the zoning district on which
the structure is placed. This requirement shall not apply to accessory
equipment for wireless facilities located within the right-of-way.
c.
Accessory equipment shall be located so as to comply
with the minimum structure setback requirements for the zoning district
of the property to which it is located. This requirement shall not
apply to accessory equipment for wireless facilities located within
the right-of-way.
d.
No new wireless facility shall be constructed within
a distance greater than or equal to one hundred ten percent (110%)
of the height of the wireless facility structure in relation to the
nearest structure designed for occupancy. This requirement applies
to wireless facilities located on private land and within the right-of-way.
9.
Overview Of Submittal Process.
|
Type of Application
|
Permit Required
|
Decision-Making Authority
|
Notes
|
|---|---|---|---|
|
Collocation/replacement
|
MZA
|
Staff
| |
|
Substantial modification
|
FSP
MZA
|
City Council
Planning Staff
|
FSP reviewed by PPW prior to CC; MZA required upon approval
|
|
New wireless facility
|
FSP
MZA
|
City Council
Planning Staff
|
FSP reviewed by PPW prior to CC; MZA required upon approval
|
|
New wireless facility or substantial modification located in
ROW
|
FSP
Permitting Agreement
MZA
|
City Council
City Council
Planning Staff
|
FSP and Permitting Agreement reviewed by PPW prior to CC; MZA
required upon approval
|
|
Collocation located in ROW
|
Permitting Agreement
MZA
|
City Council
Planning Staff
|
Permitting Agreement reviewed by PPW prior to CC; MZA required
upon approval
|
[CC 1990 § 31-06-04; Ord. No. 2978, 1-17-2018]
A.
Collocation And Replacement Of Wireless Facilities Requirements
On Non-Historic Structures.
1.
An application for Municipal Zoning Approval (MZA) shall be
required for all collocation and replacement of existing facilities
requests provided that:
2.
A collocation is as defined and described in Section 405.10.080 of this UDC.
3.
Timing. All MZA applications for collocation or replacement
of wireless communication facilities shall be reviewed, and a final
decision made in writing no later than forty-five (45) calendar days
after the City has received a completed MZA application. Each MZA
application shall be signed by the property owner and include a copy
of the lease agreement or other letter of authorization from the property
owner evidencing the applicants right to pursue the application.
a.
An application is deemed to be complete unless the
City notifies the applicant within fifteen (15) calendar days of submission.
Within the notice of incompleteness, the City shall specify deficiencies
in the application, which, if cured, would make the application complete.
The applicant has fifteen (15) calendar days to respond from receiving
such notices of incompleteness to cure all required deficiencies.
If the applicant cures the deficiencies within fifteen (15) calendar
days, the application shall be reviewed and processed within forty-five
(45) calendar days from the initial date the application was received.
b.
If the applicant requires a time period beyond fifteen
(15) calendar days to cure deficiencies, the forty-five-calendar-day
deadline shall be extended by the same period of time.
4.
Fees. There is no review fee associated with collocations or
replacement of existing facilities with submittal of an MZA.
[CC 1990 § 31-06-05; Ord. No. 2978, 1-17-2018]
A.
Applications And Review Process For New Wireless Support Structures.
1.
Requests for construction of a new wireless support structure such as a tower or building which does not constitute a substantial modification shall require facilities siting permit (FSP) prior to obtaining an MZA by the City. (See Section 405.10.080 of the UDC for definitions of "substantial modification" and "wireless telecommunications facility.")
2.
Applications for the construction of new wireless support structures
which does not constitute a substantial modification shall submit
the following items with the FSP application:
a.
The name, address and phone number of the person
preparing the report;
b.
Each application shall include a copy of a lease,
letter of authorization or other agreement from the property owner
evidencing applicant's right to pursue the application;
c.
The postal address and tax map parcel number of
the property;
d.
Size of the property stated both in square feet
and lot line dimensions, and a survey showing the location of all
lot lines;
e.
The location and distance of the nearest residential
structure as measured from the base of the proposed tower;
f.
An outboundary survey, prepared by a licensed professional
surveyor, licensed to perform surveying within the State of Missouri,
with an original seal and signature affixed thereto;
g.
The location, size and height of all existing and
proposed structures on the subject property;
h.
The type, locations and dimensions of all proposed
and existing landscaping and fencing/screening requirements;
i.
The size and center line height location of all
proposed and existing antennas on the wireless supporting structure,
including the number, type and model of the antenna(s) proposed with
a copy of the specification sheet;
j.
The make, model, type and manufacturer of the wireless
support structure tower and design plan stating the wireless support
structure's tower's capacity to accommodate multiple users;
k.
A site plan signed and sealed by a registered engineer
describing the proposed wireless support structure and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above preexisting grade, materials, color and lighting
compliant with this Article as applicable.
3.
Review Process.
a.
Timing. The City Council shall review the application
in light of its conformity with applicable zoning regulations within
one hundred twenty (120) calendar days of receipt of the application
and shall make its final decision to approve or disapprove the application,
in writing, within the 120-calendar-day review period.
b.
An application is deemed to be complete unless the
City notifies the applicant 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. Upon receipt
of a timely written notice that an application is deficient, the applicant
may take thirty (30) calendar days from receiving such notice to correct
the specific deficiencies. If the applicant cures the deficiencies
within thirty (30) calendar days, the applicant shall be reviewed
and processed within one hundred twenty (120) calendar days from the
initial date the application was received.
c.
If the applicant requires a time period beyond thirty
(30) calendar days to cure deficiencies, the 120-calendar-day deadline
shall be extended by the same period of time.
d.
Fees. A review fee of one hundred fifty dollars ($150.00) shall be required in addition to the public hearing fee. The public hearing fee is as required for all special procedures and as established in Section 405.09.020 of the UDC.
4.
Design features shall comply with the requirements set forth in Section 405.06.030 of this Article unless otherwise stated herein.
5.
Height.
a.
New wireless support structures shall not exceed
one hundred (100) feet in height unless it may be shown that the requested
height is necessary to provide reasonable service and reasonable collocation.
b.
New wireless support structures within the right
of way shall not exceed thirty five (35) feet in height.
B.
Applications And Review Process For Substantial Modifications.
1.
Requests for substantial modifications of wireless support structures
shall require facilities siting permit (FSP) approval by the City
of Chesterfield prior to obtaining an MZA by the City.
2.
A substantial or material modification is as defined and described in Section 405.10.080 of this UDC.
3.
Applications For Substantial Modifications. The applicant shall submit, along with the FSP application, all documents listed in Section 405.06.050(A) of this Article.
a.
Timing. Within one hundred twenty (120) calendar
days of receiving an application for a substantial modification of
wireless support structures, the City shall review the application
in light of its conformity with applicable local zoning regulations,
make its final decision to approve or disapprove the application,
and advise the applicant in writing of the City's final decision.
b.
An application is deemed to be complete unless the
City notifies the applicant within thirty (30) calendar days of submission.
Within the notice of incompleteness, the City shall specify deficiencies
in the application, which, if cured, would make the application complete.
The applicant has thirty (30) calendar days to respond from receiving
such notices of incompleteness to cure all required deficiencies.
If the applicant cures the deficiencies within thirty (30) calendar
days, the application shall be reviewed and processed within one hundred
twenty (120) calendar days form the initial date the application was
received.
c.
If the applicant requires a time period beyond thirty
(30) calendar days to cure deficiencies, the 120-calendar-day deadline
shall be extended by the same period of time.
d.
Fees. A review fee of one hundred fifty dollars ($150.00) shall be required in addition to the public hearing fee. The public hearing fee is as required for all special procedures and as established in Section 405.09.020 of the UDC.
4.
Design features shall comply with the requirements set forth in Section 405.06.030 of this Article unless otherwise stated herein.
[CC 1990 § 31-06-06; Ord. No. 2978, 1-17-2018]
A.
An FSP shall be non-exclusive.
B.
The FSP shall not be assigned, transferred or conveyed without
written notification to the City. Such notification will occur within
one hundred eighty (180) calendar days of such assignment, transfer
or conveyance.
C.
An FSP may, following a hearing upon due prior notice to the
applicant, be revoked, canceled, or terminated for a violation of
the conditions and provisions of the facility siting permit, or for
a material violation of this Article after prior written notice to
the applicant and the holder of the facility siting permit.
[CC 1990 § 31-06-07; Ord. No. 2978, 1-17-2018]
Appeal may be taken from the regulations contained within this
Article 06 to the Board of Adjustment, as provided for in this Code,
which Board shall hear and pass on such appeals.
