[R.O. 2009 § 491.010; Ord. No. 3883, 12-20-2018]
A. Statement Of Purpose. The general purpose
of this Article is to regulate the placement, construction, and modification
of telecommunications Wireless Communications Facilities 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. Specifically,
this Article is intended to:
1.
Provide for the appropriate location
and development of Wireless Communications Facilities and systems
to serve the citizens and businesses of the City;
2.
Minimize adverse visual impacts of
Wireless Communications Facilities through careful design, siting,
landscape Screening, and innovative camouflaging techniques that provide
predictability for nearby Property owners and others that future uses
will not materially alter such approved aesthetic protections without
zoning hearing procedures and input from interested parties when not
prohibited by applicable law;
3.
Ensure that any new Wireless Communications
Facilities are located in an area compatible with the neighborhood
or surrounding community to the extent possible; and
4.
Ensure that regulation of Wireless
Communications Facilities 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.
[R.O. 2009 § 491.020; Ord. No. 3883, 12-20-2018]
As used in this Article, the following
terms shall mean:
AGL (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.
ANTENNA
Any device that transmits and/or receives wireless 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.
CABINET
A structure for the protection and security of communications
equipment associated with one (1) or more Antenna 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.
DISGUISED SUPPORT STRUCTURE
Any free-standing, 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, light standards, Flag poles,
and artificial trees. For purposes of this definition, a Structure
"camouflaged or concealed as an appropriately placed and designed
architectural or natural feature" shall mean:
1.
It is consistent with and contributes
to and does not detract from the character and property values and
use of the area and neighborhood in which it is located;
2.
It does 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;
3.
It cannot be identified as a Support
Structure by persons with reasonable sensibilities and knowledge;
4.
Its equipment, Accessory Buildings
or Structures, or other aspects or attachments relating to the Disguised
Support Structure are wholly concealed using a manner consistent with
and typically associated with the architectural or natural Structure
or feature being replicated; and
5.
It is of a Height, design, and type
that would ordinarily occur at the location and neighborhood selected.
EXISTING STRUCTURE
Any Structure capable of supporting Wireless Communications
Facilities (other than a Support Structure) in full conformance with
the design and other requirements of this Article and is: (1) existing
prior to the date of all applicable permit applications seeking City
authorization for installation of such Facilities thereon; and (2)
not built or installed in anticipation of such specific installation
or erected to evade approvals applicable to a non-existing Structure.
FAA
The Federal Aviation Administration.
FAST-TRACK SMALL WIRELESS FACILITY
A Fast-Track Small Wireless Facility, or Fast-Track, shall
mean a Small Wireless Facility that meets the following requirements
for an Antenna and associated equipment:
1.
No more than seven cubic feet (7
ft.3) in volume (comprised of no more than
twenty-seven square feet (27 ft2) of exterior
surface area, excluding the surface width equal to the width of the
Existing Structure or Utility Pole to which it is mounted, on an imaginary
enclosure around the perimeter thereof, excluding cable or cable conduit
of four (4) inches or less). Volume shall be the measure of the exterior
displacement of the Antenna and associated equipment;
2.
Located on an Existing Structure
or Utility Pole, or concealed within or on a replacement Utility Pole
if the appearance is not materially altered;
3.
Not exceeding six (6) feet above
the top of an Existing Structure or Utility Pole for a total Height
not exceeding forty-five (45) feet (nor taller than more than six
(6) feet above the average of similar poles within three hundred (300)
feet).
FCC
The Federal Communications Commission.
HEIGHT
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.
INCIDENTAL USE
Any use authorized herein that exists in addition to the
Principal Use of the Property.
REPLACEMENT SUPPORT STRUCTURE
A Tower or Disguised Support Structure that is a complete
one-for-one replacement of an Existing Structure, located on a parcel
in conjunction with the removal of an Existing Structure. For purposes
of this definition, a "Replacement Support Structure" must comply
with all applicable FCC regulations regarding replacement and aesthetics,
and in no circumstances shall a proposed installation qualify as a
"Replacement Support Structure" if such replacement would result in
a "substantial change" in accordance with 47 C.F.R. § 1.6100(6)(7).
[Ord. No. 4378, 10-26-2023]
SHELTER
A Building for the protection and security of communications
equipment associated with one (1) or more Antenna 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 Antenna is prohibited.
SMALL WIRELESS FACILITY
An Antenna and associated equipment that meets the following:
1.
An Antenna of no more than six cubic
feet (6 ft.3) in volume; and
2.
All other associated equipment, to
the extent permitted by applicable law to be calculated, of cumulatively
no more than twenty-eight cubic feet (28 ft.3) in volume; provided that no single piece of equipment on the Utility
Pole shall exceed nine cubic feet (9 ft.3) in volume, and no single piece of ground mounted equipment shall
exceed fifteen cubic feet (15 ft.3) in
volume.
TOWER
A Structure designed for the support of one (1) or more Antenna
and including guyed towers, self-supporting (lattice) towers, or monopoles,
but not Disguised Support Structures, Utility Poles, 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
solely for use by an amateur radio operator licensed by the FCC.
UTILITY POLE
A pole or similar Structure that is or may be used for wireline
communications, electric distribution, lighting, traffic control,
signage, or a similar function, which may also support a Small Wireless
Facility or Fast-Track.
ADDITIONAL DEFINITIONS
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section
400.030 are incorporated herein and shall apply.
[R.O. 2009 § 491.030; Ord. No. 3883, 12-20-2018]
A. Applications. Applications for Permitted
Uses, administrative uses, or Uses Permitted by Special Permit pursuant
to this Article shall be subject to the supplementary procedures in
this Article. Applications shall be submitted to the City as a complete
application on forms prescribed for this purpose by the Director.
A "complete application" shall be an application submitted on the
prescribed form, fully executed by the Applicant, identifying the
specific approval sought, and containing all attachments, fees as
may be established to reimburse the City for its inspection and review
costs and in accordance with applicable law, and information as required
thereon or by the Director, consistent with this Article. Applications
shall be accompanied by a building permit application and other applicable
forms.
B. Proof Of Owner Consent. Applications for
Permitted Uses, administrative uses, or Uses Permitted by Special
Permit pursuant to this Article shall be required to provide proof
of owner consent, which shall minimally include:
1.
Written consent to pursue the application
by all fee simple owners of the underlying real estate (or where located
in a Street, the Street owner thereof), including when the proposed
location is also in a utility easement; and
2.
Written consent to pursue the application
of the owner of the Structure on which such Wireless Communication
Facility is to be placed, if different than Applicant.
C. Timing. Applications shall be decided upon
within a reasonable time, subject further to state or federal specific
additional time requirements as may apply to the particular application.
[R.O. 2009 § 491.040; Ord. No. 3883, 12-20-2018]
A. Applicability. The requirements set forth in this Article shall be applicable to all Wireless Communications Facilities within the City installed, built, or modified after December 20, 2018, to the full extent permitted by law. Such zoning review and approvals required in this Article shall be in addition to any other generally applicable permitting requirement, including applicable building or excavation or other right-of-way permits, as defined and required by Chapter
510.
1.
Principal Or Incidental Use. Towers
may be either a Principal or Incidental Use in all Non-Residential
Districts, subject to any applicable requirement relating to Yard
or Setback. An Incidental Use subject to a leasehold interest of a
person other than the Lot owner may be approved for a Tower only if
the leasehold area separately meets all requirements for a separate
subdivided Lot, including dedicated access, Parking, Setbacks, and
Lot Area, applicable to a Principal Use in the Zoning District in
which the use is proposed. No other Zoning District shall allow Towers
unless required by law. All other wireless facilities other than Towers,
may be a Principal or Incidental Use in all Zoning Districts subject
to the requirements herein.
2.
Building Codes, Safety Standards,
And Zoning Compliance. Wireless Communications Facilities shall be
constructed and maintained in compliance with all standards contained
in applicable state and local Building Codes. A certified engineer's
structural report shall be required for all applications to construct
a new or modify, or any way alter, a Support Structure, Utility Pole,
or Antenna, including Small Wireless Facility and Fast-Track, unless
waived upon application to the Director stating why such report is
unnecessary to the specific application and a determination in the
discretion of the Director approving such statement that such analysis
would not further the purposes of this Section. In addition to any
other approvals required by this Article, no Wireless Communications
Facility or portion thereof shall be erected, replaced, or expanded
prior to receipt of a Certificate of Zoning Compliance, unless otherwise
required by law, and the issuance of a Building Permit. For sites
within Streets:
a.
The most restrictive adjacent underlying
Zoning District classification shall apply unless otherwise specifically
zoned and designated on the Official Zone District Map;
b.
Wireless Communications Facilities
shall be installed and maintained as not to obstruct or hinder the
usual travel or public safety on the Street or obstruct the legal
use of such Street by authorities or authorized users; and
c.
Such use shall be required to obtain applicable permits and comply with the applicable rules and regulations set forth in Chapter
510.
3.
Regulatory Compliance. All Wireless
Communications Facilities shall meet or exceed current standards and
regulations of the FAA, FCC, and any other local, state, or federal
agency with the authority to regulate Wireless Communications Facilities,
and including all required licenses, permits, and taxes applicable
to such Structure and/or modification. Should such standards or regulations
be amended, then the owner shall bring such Wireless Communication
Facilities into compliance with the revised standards or regulations
within the time period mandated by the controlling agency. No approval
for any placement, construction, or modification of any Wireless Communications
Facilities permitted by this Article shall be granted for any Applicant
having an uncured violation of this Article, of any zoning regulation
regarding the Lot on which the structure is proposed, or of any other
governmental regulatory, licensing, or tax requirement applicable
to such Wireless Communications Facilities within the City unless
preempted by applicable law. Modifications under 47 U.S.C. § 1455(a)
shall be approved without regard to zoning regulations regarding the
Lot on which the modification is proposed.
4.
Security. All Wireless Communications
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, alter, or
modify Wireless Communications Facilities. Additional measures may
be required as a condition of the issuance of a building permit as
deemed necessary by the Director or by the Board in the case of a
Special Use Permit.
5.
Lighting. Antenna, Small Wireless
Facilities, Fast-Track, and Support Structures shall not be lighted
unless required by the FAA or other state or federal agency with authority
to regulate, in which case a description of the required lighting
scheme will be made a part of the application to install, build, alter,
or modify the Antenna, Small Wireless Facilities, Fast-Track, or Support
Structure. Lighting may also be approved as a consistent component
of a Disguised Support Structure. Equipment Cabinets and Shelters
may have lighting only as approved by the Director or Board in the
case of a Special Use Permit.
6.
Signs. Except for a Disguised Support
Structure in the form of an otherwise lawfully permitted Sign, the
placement of advertising on Wireless Communications Facilities is
prohibited other than identification Signs of not greater than one
(1) square foot on ground equipment or required safety signage.
7.
Design.
a.
Color. Subject to the requirements
of the FAA or any applicable state or federal agency, Wireless Communications
Facilities and attachments shall be painted a neutral color consistent
with the natural or built environment of the site or an alternative
painting scheme approved by the Director, or the Board in the case
of Special Use Permits, consistent with the requirements of this Article.
Unpainted galvanized steel Support Structures are not permitted.
b.
Ground Equipment. When authorized,
equipment Shelters or Cabinets shall have an exterior finish reasonably
compatible with the natural or built environment of the site and shall
also comply with any design guidelines as may be applicable to the
particular Zoning District in which the facility is located unless
not feasible. All equipment shall be either placed underground, contained
in a single Shelter or Cabinet, or wholly concealed within a Building
or approved walled compound.
c.
Antenna Design. Antennas attached
to a Disguised Support Structure shall be contained within the Disguised
Support Structure or within or mounted flush on the surface of the
Disguised Support Structure so as not to defeat or materially, detrimentally
alter the disguised design. Antennas attached to a Tower shall be
contained within the Tower or mounted flush on the surface of the
Tower to which they are mounted. All Antennas attached to an existing
Building, Utility Pole, or Structure shall be of a color matching
the surface to which they are mounted. Antennas on the rooftop or
attached to a Building shall be Screened or constructed and/or colored
to match the Structure to which they are attached. All Antennas shall
be designed to be disguised and maximally concealed on or within the
Support Structure or other Structure. Exposed Antennas on crow's nest
or other visible platforms or extensions are prohibited.
d.
Height. Support Structures and Antenna
shall be no taller than necessary and shall not exceed the Height
limitation of any airport overlay zone as may be adopted by the City
or other regulatory agency. Support Structures may exceed underlying
Zoning District Height restrictions for Buildings and Structures only
where shown to be necessary, provided that no reasonable and feasible
alternative exists. To the extent permitted by applicable law, Zoning
District Height restrictions shall be considered by the City in determining
the appropriateness of the design and location of the application
under the applicable standards for approval. No Support Structure
shall be approved at a Height exceeding one hundred twenty (120) feet
AGL unless the Applicant clearly demonstrates that such Height is
required for the proper function of the Applicant's system.
e.
Monopole Design. All Towers shall
be of a monopole design. Lattice, guyed Towers, or other non-monopole
Tower designs shall not be permitted.
f.
Compound Walls/Landscaping. All Towers
shall be surrounded by a minimum of a 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, or by the Board
in the case of a Special Use Permit, upon demonstration by the Applicant
that an equivalent degree of visual Screening will be achieved. Landscaping
or other improvements may be required for Disguised Support Structures
if needed to implement an approved disguise.
g.
Setbacks. All Support Structures,
including any portions of any Wireless Communications Facilities thereon
and associated Structures, Fences, and walls (except for Parking associated
with the Wireless Communications Facility) shall be separated from
any sidewalk or Street, Alley, Parking Area, playground, or other
Building, and from the Lot Line of any adjacent Lot at least a horizontal
distance equal to the Height of the Support Structure, including any
portions of any Wireless Communications Facilities thereon. In addition,
a Tower must be located more than seventy-five (75) feet from any
Residential Dwelling Unit and at least one hundred (100) feet from
any trail, park, or outdoor recreation area, and no Tower that is
readily visible from off-site shall be installed closer than one-half
(1/2) mile from another readily visible Tower unless it blends with
the surrounding existing natural and man-made environment in such
a manner as to be effectively unnoticeable.
h.
Storage. Vehicle or outdoor Storage
on any Wireless Communications Facilities' site is prohibited, unless
otherwise permitted by the Zoning District.
i.
Parking. On-street Parking for periodic
maintenance and service shall be provided at all Support Structure
locations consistent with the underlying Zoning District and the type
of Support Structure approval granted.
j.
Decorative Poles. In Zoning Districts
where there are Utility Poles which were specifically designed for
their aesthetic nature and compatibility with the built environment
of that Zoning District, as determined by the Director, such Utility
Poles shall be deemed to be decorative Utility Poles. Such decorative
Utility Poles, when authorized to be replaced by an Applicant for
Wireless Communications Facilities pursuant to applicable law and
in compliance with this Article and Code, shall only be replaced with
a substantially similar decorative Utility Pole which matches the
aesthetics and decorative elements of the original decorative Utility
Pole being replaced. Such replacement expenses shall be borne wholly
by the Applicant seeking to place Wireless Communications Facilities
on such decorative Utility Pole.
8.
Public Property. Wireless Communications
Facilities located on Property owned, leased, or otherwise controlled
by the City shall be subject to the requirements of this Article.
A license or lease with the City authorizing the location of such
Wireless Communications Facilities shall be required for each site.
9.
As-Built Plans. Within sixty (60)
days of completion of the initial construction and any additional
construction or modification, two (2) complete sets of plans drawn
to scale and certified as accurately depicting the location of all
Wireless Communications Facilities constructed shall be furnished
to the City.
10.
Historic Preservation; Thirty-Day
Hearing Period. To the extent permitted by law, approval shall not
be issued for any Wireless Communications Facility that the Director
or Board determines would create a significant negative visual impact
or otherwise have a significant negative impact on the historical
character and quality of any property within a Historic Preservation
District or such District as a whole. For co-location of any certified
historic Structure as defined in Section 253.545 RSMo., in addition
to all other applicable time requirements, there shall be a thirty-day
time period before approval of an application during which one (1)
or more Public Hearings on co-location to a certified historic Structure
are held. The City may require reasonable, technically feasible, and
technological neutral design and concealment measures as a condition
of approval of a Wireless Communications Facility within a historic
district or on a certified historic Structure.
B. Administration. The Director shall have
the authority to establish forms and procedures consistent with this
Article and applicable federal, state, and local law to ensure compliance
and to facilitate prompt review and administration of applications.
[R.O. 2009 § 491.050; Ord. No. 3883, 12-20-2018]
A. Permitted Use. The placement of Wireless
Communications Facilities fully conforming with the General Requirements
in this Article are Permitted Uses in all Zoning Districts only as
follows:
1.
Co-Locations On Existing Support Structures. The attachment of additional or replacement Antenna, including Small Wireless Facilities and Fast-Track, and associated equipment to any existing Support Structure or Utility Pole or as otherwise authorized by state or federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section
430.590.
2.
Antenna On High-Voltage Towers. The
mounting of Antenna on or within any existing high-voltage electric
transmission Tower, but not exceeding the Height of such Tower by
more than ten (10) feet, provided that all requirements of this Article
and the underlying zoning ordinance are met, except minimum Setbacks
provided in this Article shall not apply.
3.
Antenna On Existing Buildings/Structures.
In all Zoning Districts, except not on Single-Family or Two-Family
Dwellings, the mounting of Antenna on any existing and conforming
Building or Structure (other than a Support Structure or Utility Pole)
provided that the presence of the Antenna and equipment is concealed
by architectural elements or fully camouflaged or concealed by painting
a color identical to the surface to which they are attached, and further
provided that all requirements of this Article and the underlying
zoning ordinance are met.
4.
Co-Location Of Small Wireless Facilities
On Utility Poles. New, replacement, or modified Utility Poles, at
Heights below the Height limitations outlined in this Article, and
co-location of Small Wireless Facilities on the same shall be a permitted
use in all districts except single-family residential and historic
districts provided the proposed installation does not:
a.
Materially interfere with the safe
operation of traffic and control equipment or City-owned communications
equipment;
b.
Materially interfere with compliance
with the American Disabilities Act, or similar federal or state standards
regarding pedestrian access or movement;
c.
Materially obstruct or hinder the
usual travel or public safety on the Streets;
d.
Materially obstruct the legal use
of the Streets or easement rights of the City, utility, or other third-party;
e.
Fail to comply with the spacing requirements within Section
510.050(D)(1) of the Municipal Code;
f.
Fail to comply with applicable national
safety codes, including recognized engineering standards for Utility
Poles or Support Structures;
g.
Fail to comply with the decorative
pole replacement requirements herein;
h.
Fail to comply with undergrounding requirements within Section
510.050(D)(1) of the Municipal Code; or
i.
Interfere or impair the operation
of existing utility facilities, or City or third-party attachments.
New, replacement, or modification
of Utility Poles under the following circumstances shall not be considered
a Permitted Use under this Section:
(1) Proposals to construct
or modify a Utility Pole which exceeds the greater of:
(b) More than ten (10) feet
above the tallest existing Utility Pole as of January 1, 2019, within
five hundred (500) feet of the proposed Utility Pole in the City;
and
(2) Proposals to co-locate
on an existing Utility Pole in place on August 28, 2018, which exceeds
the Height of the existing Utility Pole by more than ten (10) feet.
5. Replacement Support Structures. The construction of a Replacement Support Structure provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section
430.590.
[Ord. No. 4378, 10-26-2023]
B. Application Procedure. Application for a Permitted Use under this Section shall require submission of an application on a form provided by the City with proof of owner consent as required by Section
430.580 and an application fee of one hundred dollars ($100.00) per Small Wireless Facility and an application fee of five hundred dollars ($500.00) for the installation, modification, or replacement of a Utility Pole and co-location of a Small Wireless Facility thereon, or other Permitted Use under this Section as required to partly cover the City's actual costs, and not to exceed such amounts as may be limited by applicable law. If the Applicant is not a Wireless Services Provider, as defined by Section 67.5111, RSMo., then the Applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the Director that the proposed site(s) will become operational and used by such Wireless Services Provider within one (1) year of the permit's issuance date. For any application for a Small Wireless Facility, the Applicant shall provide an attestation that the proposed Small Wireless Facility complies with the volumetric limitations as required to meet the definition of a Small Wireless Facility in accordance with this Article and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the General Requirements of this Article. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application. The Director shall issue a decision on the application for a Permitted Use within the timeframe permitted by applicable law. A decision to deny an application shall be made, in writing, and state the specific reasons for the denial.
[R.O. 2009 § 491.060; Ord. No. 3883, 12-20-2018]
A. Administrative Approval. The placement
of Wireless Communications Facilities fully conforming with the General
Requirements in this Article are permitted in all Zoning Districts
by Administrative Permit approved by the Director only as follows:
1.
Disguised Support Structures. The
construction of a Disguised Support Structure, provided that all related
equipment shall be placed underground or concealed within the Structure.
Equipment may be placed in an appropriately concealed Cabinet if the
Disguised Support Structure is incidental to a Non-Residential Use
and fits with the natural built environment or the Disguised Support
Structure. Any Disguised Support Structure shall have as a condition
of approval, unless expressly exempted in the approval, an obligation
and corresponding covenant recorded on the Property that runs with
the land to the benefit of the City on behalf of the public, prohibiting
modifications to the Disguised Support Structure that defeat or are
detrimental to the disguise, unless such proposed modification is
approved by a duly authorized zoning approval, including public hearing.
If the Applicant does not wish to have such a covenant, the application
shall not qualify for Administrative Permit approval, unless another
mechanism is proposed and approved to ensure that the disguise is
not subsequently defeated or detrimentally altered. A Disguised Support
Structure proposed to be located within a Street may be exempted from
the General Requirements of this Article relating to Parking, access,
and Setbacks, unless determined by the Director as applicable to the
specific location for safety reasons or other applicable reasons.
2.
Fast-Track Small Wireless Facilities.
An application for a Fast-Track Small Wireless Facility may be approved
administratively by the Director, subject to meeting the following
requirements:
a.
General Requirements. The following
requirements shall generally apply to all Fast-Track Small Wireless
Facilities located within the City:
(1) The Fast-Track shall
substantially match any current aesthetic or ornamental elements of
the Existing Structure or Utility Pole, or otherwise be designed to
maximally blend into the built environment, with attention to the
current uses within the Zoning District at the proposed site;
(2) Any portion above the
Existing Structure or Utility Pole shall be concealed and of the same
dimensions and appearance so as to appear to be a natural extension
of the Existing Structure or Utility Pole in lieu of an enclosure
or concealment;
(3) The Fast-Track equipment
shall not emit noise audible from the Lot Line of any Residential
District or Lot with a Residential Use; and
(4) Location, placement,
and orientation of the Fast-Track shall, to the extent feasible, minimize
the obstruction to, or visibility from, the closest adjacent Lots
unless otherwise required by the City for safety reasons.
b.
Additional Requirements When Sited
Near Pedestrian And Vehicle Ways. When a Fast-Track is proposed to
be located on an Existing Structure or Utility Pole on or adjacent
to Streets, sidewalks, or other pedestrian or vehicle ways:
(1) The Height of all portions
of the "Fast-Track" shall be located at least eight (8) feet AGL;
(2) No ground equipment
shall be permitted; and
(3) No portions of the Fast-Track
shall extend horizontally from the surface of the Utility Pole or
Existing Structure more than sixteen (16) inches.
c.
Waiver For Good Cause Shown. Additionally,
the Director may for good cause shown increase one (1) or more of
the maximum volumetric specifications from the definition of a Fast-Track
by up to fifty percent (50%) if the Applicant demonstrates that it:
(1) Does not in any location
nationally use equipment capable of meeting the specifications and
the purpose of the equipment; and
(2) Cannot feasibly meet
the requirements as defined and described.
The Board may further waive one (1) or more of the requirements
found in the definition of Fast-Track, or from: (a) General Requirements;
or (b) Additional Requirements When Sited Near Pedestrian or Vehicle
Ways of this Subdivision, upon good cause shown by the Applicant,
and provided a showing that the waiver is the minimum necessary to
accomplish the purposes of this Article. The burden of proof for any
waiver shall be wholly on the Applicant and must be shown by clear
and convincing evidence.
B. Application Procedures. Applications for
Administrative Permits shall be made on the appropriate forms prescribed
for this purpose by the Director and consistent with the requirements
of this Article. Applications requesting any information that is prohibited
by federal or state law under the applicable circumstance shall be
deemed inapplicable to the subject application.
1.
General Application Requirements.
Applicant shall submit along with its completed application form:
a.
An application fee of one hundred
dollars ($100.00) per Fast-Track and an application fee of not more
than five hundred dollars ($500.00) for an application for a Disguised
Support Structure and co-location of a Small Wireless Facility thereon
as required to partly cover the City's actual costs, and not to exceed
such amounts as may be limited by law; any amount not used by the
City shall be refunded to the Applicant upon written request after
a final decision;
b.
A detailed Site Plan, based on a
closed boundary survey of the host Lot, shall be submitted indicating
the exact location of the facility, all dimensions and orientations
of the facility and associated equipment, in addition to all existing
and proposed improvements including Buildings, drives, walkway, Parking
Areas, and other Structures, Streets, the Zoning District of the subject
and adjoining Lots, the location of and distance to off-site residential
Structures, required Setbacks, required Buffer Areas, hydrologic features,
and the coordinates and Height AGL of the Utility Pole, Disguised
Structure, or Existing Structure, if applicable;
c.
Specifications, dimensions, photos,
or drawings of the completed installation;
d.
Proof of owner consent as required by Section
430.580;
e.
Certified structural analysis as
required in the General Requirements of this Article;
f.
If the Applicant is not a Wireless
Services Provider, as defined by Section 67.5111, RSMo., then the
Applicant must submit evidence of agreements or plans, or otherwise
provide attestations to the same, which conclusively demonstrate to
the Director that the proposed site(s) will become operational and
used by a Wireless Services Provider within one (1) year of the permit's
issuance date; and
g.
All other information necessary to
show compliance with the applicable requirements of this Article.
2.
Fast-Track — Specific Application
Requirements. In addition to the above General application requirements,
applications for a Fast-Track shall include the following:
a.
An attestation that the proposed
Fast-Track meets the volumetric and other requirements to meet the
definition of Fast-Track provided in this Article; and
b.
Information demonstrating that the
Applicant's proposed plans are in compliance with Section 67.5113.3(9),
RSMo., to the satisfaction of the Director.
3.
Review. The application shall be
reviewed by the Director to determine compliance with the above standards,
including specifically, design, location, safety, and appearance requirements
and transmit the application for review and comment by other applicable
departments and public agencies.
4.
Additional Information May Be Required.
In reviewing an application, the Director may require the Applicant
to provide additional information, including technical studies, to
the extent permitted by applicable law. An application shall not be
deemed complete until satisfaction of all application requirements
and submission of all requested information as provided herein.
5.
Decisions; Denials Required In Writing.
The Director shall issue a decision on the permit within the time
frame permitted by applicable law. The Director may deny the application
or approve the application as submitted or with such modifications
or conditions as are, in his/her judgment, reasonably necessary to
protect the safety or general welfare of the citizens and property
values consistent with, and to affect the purposes of, this Article
and subject to applicable law. The Director may consider the purposes
of this Article and the factors established herein for granting a
Special Use Permit as well as any other considerations consistent
with the Chapter. A decision to deny an application shall be made,
in writing, and state the specific reasons for the denial.
[R.O. 2009 § 491.070; Ord. No. 3883, 12-20-2018]
A. Special Use Permit Required. All proposals to construct or modify a Wireless Communications Facilities not permitted by Section
430.600, Permitted Use, or Section
430.610, Administrative Approval, or not fully complying with the General Requirements of this Article, except for modifications under 47 U.S.C. § 1455(a) which must be approved, shall be permitted only upon the approval of a Special Use Permit authorized consistent with Section
410.080 following a duly advertised Public Hearing before the Board, subject to the following additional requirements, procedures, and limitations:
1.
Applications. Applications for Special Use Permits shall be filed on forms prescribed for this purpose by the Director and processed subject to the requirements of and in the manner established by applicable law, herein, and for Special Use Permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00), to the extent permitted by applicable law to the specific Wireless Communications Facility. Any amount not used by the City shall be refunded to the Applicant upon written request after a final decision. Except as otherwise provided by law, no application for a Special Use Permit under this Section shall be deemed complete until the Applicant has paid all fees and deposits required under this Article, submitted certified engineering plans and all information required on the forms prescribed for this purpose by the Director, and provided proof of owner consent as required by Section
430.580. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.
2.
Decision And Findings Required. A
decision shall be contemporaneously accompanied by substantial evidence
supporting the decision, which shall be made a part of the written
record of the meeting at which a final decision on the application
is rendered. Evidence shall be under oath and may be submitted with
the application or thereafter or presented during the Public Hearing
by the Applicant or others.
3.
Additional Minimum Requirements. No Special Use Permit shall be issued unless the Applicant has clearly demonstrated by substantial evidence that placement of Wireless Communications Facilities pursuant to Section
430.600, Permitted Use, or Section
430.610, Administrative Approval, on the proposed site is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
4.
Findings Required. In addition to the determinations or limitations specified herein and by the applicable provisions of Section
410.080 of this Zoning Code for the consideration of Special Use Permits, no Special Use Permit shall be approved by the Board unless findings in the affirmative are made that the following conditions exist:
a.
That the design of the Wireless Communications
Facilities, including ground layout, maximally reduces visual degradation
and otherwise complies with provisions and intent of this Article;
b.
That the design is visually compatible
with the area, will not distract from the view of the surrounding
area, is maximally concealed or blended in with the environment, and
will not adversely affect property values;
c.
That such use shall not be inconsistent
or adversely affect the other Permitted Uses in the Zoning District
in which the same is located; and
d.
That the proposal fully complies
with applicable law including the General Requirements herein; provided
that an exception to the General Requirements, other than building
or safety code compliance, may be approved upon evidence that compliance
is not feasible or is shown to be unreasonable under the specific
circumstances shown.
[R.O. 2009 § 491.080; Ord. No. 3883, 12-20-2018]
Notwithstanding any right that may
exist for a governmental entity to operate or construct Wireless Communications
Facilities, it shall be unlawful for any person to erect or operate
for any private commercial purpose any Wireless Communications Facilities
in violation of any provision of this Article, regardless of whether
such Wireless Communications Facilities are located on land owned
by a governmental entity.
[R.O. 2009 § 491.090; Ord. No. 3883, 12-20-2018]
Any upper portion of a Support Structure
which is not occupied by active Antennas for a period of twelve (12)
months and any Antennas not active or any entire Support Structure
which is not so occupied by active Antennas for a period of six (6)
months shall be removed at the Support Structure owner's expense.
Removal of upper portions of a Support Structure manufactured as a
single unit shall not be required but the inactive Antennas shall
be removed.
[R.O. 2009 § 491.110; Ord. No. 3883, 12-20-2018]
An appeal to any decision hereunder may be taken pursuant to Chapter
405, Article
II. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law.