Bellefontaine Neighbors
City Zoning Code
City Zoning Code
ARTICLE XVI
Conditional Use Regulations
Sec. 29-94 Conditional use regulations - purpose.
[Ord. No. 396 Art. XVI, 4-29-1960; Ord. No. 1449 § 1, 2-15-1990]
Conditional uses are those types of uses which are considered by the city to be essentially desirable, necessary, or convenient to the community, but which by their nature or in their operation have:
(1)
A tendency to generate excessive traffic,
(2)
A potential for attracting a large number of persons to the area of the use, thus creating noise or other pollutants,
(3)
A detrimental affect upon the value or potential development of other properties in the neighborhood, or
(4)
An extraordinary potential for accidents or danger to public health or safety.
Sec. 29-95 Same - procedures.
[Ord. No. 396 Art. XVI, 4-29-1960; Ord. No. 1449 § 2, 2-15-1990; Ord. No. 1946 § 1, 7-17-2003; Ord. No. 2122 § 1, 2-18-2010; Ord. No. 2203 § 2, 12-1-2011]
A conditional use permit may be initiated by a verified application of one (1) or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives, or by the planning and zoning commission or by the board of aldermen. Procedures for application, review, and approval of a conditional use permit shall be as follows:
(1)
Application. Application for a conditional use permit for a specific tract of land shall be addressed to the planning and zoning commission. The application shall be filed on forms prescribed for that purpose and be accompanied by the following:
a.
Filing fee.
1.
Any applicant seeking a conditional use permit pursuant to the provisions of Chapter 29 of the Code of Ordinances of the City of Bellefontaine Neighbors shall pay an initial fee of four hundred dollars ($400.00), except that the initial fee for a residential or home child care facilities conditional use permit will be one hundred seventy-five dollars ($175.00).
[Ord. No. 2574, 6-18-2020]
2.
The filing fee set forth above shall be paid to reimburse the city for expenses incurred in processing the application, including, but not limited to, costs of title research, surveys, legal and engineering review, cost of traffic and planning consultants employed by the city, publication expenses, expenses of notification to adjoining property owners, expenses of hearings including rental of a hall, if necessary, court reporter, if requested by either the city or the applicant, and other investigations deemed necessary by the city.
3.
In the event the filing fee is estimated to be insufficient to pay all anticipated expenses to be incurred by the city as described above, the Board of Aldermen may hold a hearing, having first given notice to the applicant, at which testimony on the anticipated costs for processing the application shall be presented. The Board of Aldermen shall make a written finding of fact and notify all parties of any additional fees to be deposited. Processing and all other actions related to the application shall not proceed following such written findings until such additional sums are paid in full. Any and all unused portions of any additional sums, but not the initial fee, required under this Section shall be refunded in full to the applicant.
b.
Legal description of the property.
c.
An outboundary survey plat, with a land surveyor's seal and statement of verification regarding the source of boundary dimensions, bearings, and source of contour data. The plat shall also identify adjoining properties and the record owners thereof.
(2)
Burden of proof. In presenting any application for a conditional use permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following criteria:
a.
The proposed conditional use complies with all applicable provisions of the applicable district regulations.
b.
The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.
c.
The proposed conditional use will not have a deleterious impact on the value of other property in the neighborhood in which it is to be located.
d.
The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:
e.
Off-street parking and loading areas are provided in accordance with the standards set forth in these regulations.
f.
Adequate utility, drainage, and other such necessary facilities are provided.
g.
The proposed conditional use is consistent with good planning practice; can be operated in a manner that is not detrimental to permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area; and is deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the city of Bellefontaine Neighbors.
(3)
Review procedures.
a.
Upon receipt of a completed application, the planning and zoning commission shall institute an administrative review of the application and site plan by all affected city departments and any consultants designated by the city. The results of this review shall be reported to the planning and zoning commission for its consideration. The commission shall consider an application after all required documents are filed. The commission shall recommend approval, approval with specified conditions or denial of the application and shall file its report and recommendation with the board of aldermen.
b.
Before acting upon any application for conditional use permit, the board of aldermen shall hold a hearing thereon, after at least fifteen (15) days' public notice of such hearing is published in a newspaper of general circulation within the city and written notice is given to all property owners within the city limits whose property lies within one hundred eighty-five (185) feet of the property for which a conditional use permit has been requested. The board of aldermen may refer the application back to the commission for additional study before making its final decision. No additional public notice is required to be given.
c.
The affirmative vote of a majority of all the members of the board of aldermen shall be required to authorize and approve the issuance of any conditional use permit contrary to the recommendation of the planning and zoning commission. The affirmative vote of two-thirds (⅔) of all the members of the board of aldermen shall be required to authorize and approve the issuance of a conditional use permit when a protest against the issuance thereof shall be presented in writing to the city clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets and alleys) included in the application for such permit or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundary of the property for which the permit has been requested.
(4)
Permit effective — when. The permit shall become effective upon approval by the board of aldermen. In the event that a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of an ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.
(5)
Recording. Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the applicant shall record with the St. Louis County recorder of deeds: a copy of the approved conditional use permit, including all attached conditions, the approved site plan, a legal description of the property, an out-boundary survey and any subsequent amendments.
(6)
Failure to commence construction or operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction, or operation of the conditional use where construction is not required, shall commence within six (6) months of the effective date of the permit and shall thereafter be pursued with reasonable diligence unless such time period is extended through appeal to and approval by the board of aldermen. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six (6) month period.
(7)
Revocation of conditional use permit. Upon finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the board of aldermen shall have the authority to revoke the permit after affording the permittee the right to be heard.
(8)
Transferability. All conditional use permits shall be approved for the originating applicant for a specific location, and may not be transferred to any other location. The permit may not be transferred to any other person without the consent of the board of aldermen.
(9)
Procedure to amend approved conditional use permit. In order to amend an existing conditional use permit, the application procedures, required materials, and approval process shall be the same as for a new permit.
Sec. 29-96 Same - conditional uses in certain districts.
[Ord. No. 396 Art. XVI, 4-29-1960; Ord. No. 476 §§ 1 — 2, 7-26-1961; Ord. No. 567 §§ 3 — 4, 2-20-1963; Ord. No. 578 § 1, 2-20-1964; Ord. No. 596 § 1, 7-2-1964; Ord. No. 665 § 1, 12-15-1966; Ord. No. 677 § 1, 8-4-1967; Ord. No. 1449 § 1, 2-15-1990; Ord. No. 1479 § 1, 12-6-1990; Ord. No. 1562 § 1, 8-5-1993; Ord. No. 1573 § 1, 10-7-1993; Ord. No. 1598 § 1, 4-21-1994; Ord. No. 1711 § 1, 10-3-1996; Ord. No. 1718 § 1, 12-5-1996; Ord. No. 1768 § 2, 2-19-1998; Ord. No. 1811 § 1, 4-1-1999; Ord. No. 1846 § 1, 5-4-2000; Ord. No. 1865 §§ 1 — 2, 9-7-2000; Ord. No. 1913 § 2, 5-2-2002; Ord. No. 1979 § 1, 8-5-2004; Ord. No. 2001 § 1, 5-5-2005; Ord. No. 2018 § 4, 12-1-2005; Ord. No. 2151 § 2, 11-4-2010]
The board of aldermen of the city of Bellefontaine Neighbors may, by conditional use permit after public hearing, authorize the location of any of the following buildings or uses in the districts hereinafter designated and from which they are otherwise prohibited by this ordinance, provided, however, that appropriate conditions and safeguards shall be imposed to protect the public welfare and to conserve and protect property and property values in the neighborhood.
(1)
In any district.
a.
Any public building or facility erected or used by any department of the city, county, state or federal government, not specifically addressed in any other provision of this Zoning code, other than sewage or sanitation facilities.
b.
Privately operated outdoor recreation fields.
c.
Private recreational activities for temporary or seasonal periods.
e.
Private or public elementary or secondary schools, including nursery, prekindergarten, kindergarten or special schools operated on the same premises.
f.
Private stables, when located on a lot of three (3) acres or more, provided any such building shall not exceed a capacity of one (1) horse for each acre of lot area and shall not be closer than two hundred (200) feet to any dwelling.
h.
Temporary roadside stands offering for sale products produced on the premises.
i.
Electrical substations.
j.
Home child care facilities may be permitted as a home occupation in any single-family dwelling upon issuance of a conditional use permit as hereinafter provided.
1.
Child care facilities which are limited to providing care for no more than six (6) children not residing on and listed on the occupancy permit for the premises may be provided as a home occupation in a residence if the owner(s) and, if different, the adult occupant(s) of the property apply for and are issued a conditional use permit pursuant to this subsection. No permit for a home day care facility may be issued to any person who does not personally provide day care service to the children in attendance, and no facility may be permitted, or allowed to continue to operate, if any person not residing in the home is involved in providing care to the children in attendance. Any permit issued under the provisions of this section shall be so limited such that the number of children on the premises under the age of thirteen (13) years, including the operator's children, shall not exceed ten (10) at any one (1) time. Provided, however, that any person having a home child care license issued by the State of Missouri prior to October 3, 1996, authorizing care for more than six (6) children in the licensee's home in the city of Bellefontaine Neighbors may apply for and, if otherwise qualified and subject to the other conditions and restrictions of this subsection (j), be issued a permit under the provisions of this subsection to provide care for that number of children allowed under the state license as issued on or before October 3, 1996.
2.
The site plan application requirement of subsection (d) of section 29-95(1) of this article shall not apply to applications for home day care conditional use permits. For purposes of a permit under the terms of this subsection only, the survey plat required by subsection (c) of section 29-95(1) of this article need not provide contour data, surveyor's seal or statement of verification. The application for a home day care conditional use permit shall include: (1) a diagram of the main building on the property designating the areas to be utilized in providing the service and the number of square feet on the premises available for outside recreation for the children; (2) any and all physical changes to be made to the interior or exterior of the property in association with such service; (3) copies of any state child day care license application and any license issued by the state which may be applicable; (4) detailed information as to the days and hours during which service is to be available; (5) the maximum number of children to be cared for, including children residing in the home under the age of thirteen (13) years; and (6) information as to how parking for clients is to be provided.
3.
Upon receipt of the application and any applicable processing fee, the application shall be forwarded to the planning and zoning commission for hearing in accord with the requirements of section 29-95(3) of this article. If the commission finds: (1) the service can be provided without disturbing the appearance and tranquility of the neighborhood; and (2) the premises can accommodate the reasonably required off-street parking and any physical changes reasonably necessary to provide the service; and (3) that there is at least seven hundred fifty (750) square feet of contiguous, fenced outside play area in the rear yard of the premises regardless of the number of children to be cared for, and that such play area does not include any common ground, public property or any other property where possession is in fact shared with other residents or where other residents have the right to use such property, it may recommend approval of the application, subject to such reasonable conditions as may be necessary to avoid adverse impact on nearby properties.
4.
After review by the commission the application is to be forwarded to the board of aldermen for consideration. If the board finds in the affirmative as to criteria set forth above, a permit may be issued and/or issued subject to such reasonable conditions as may be determined by the board to be necessary. Any permittee shall also be required to obtain and maintain in force any business license required by the ordinances of the city of Bellefontaine Neighbors.
5.
A home day care permit shall not be issued, and may be revoked if previously issued, if it is determined by the head of the building department, that the operator thereof, or any person regularly on the premises, has committed an act demonstrating a lack of fitness to care for children, including child molestation or abuse, theft, fraud, or any other act of moral turpitude.
6.
Any home day care permit shall not be issued, and may be revoked if previously issued, if the operator of the facility operates it in such a manner that the residential character of the neighborhood is disturbed. For this purpose, the operator shall not permit: (1) excessive noise in connection with the operation of the facility which would annoy a person of ordinary sensibility; or (2) children to trespass on property where there is no permission for the children to enter; or (3) operation of the facility in such a manner as to cause damage to the property of others; or (4) operation of the facility in such a manner as to cause, or contribute to causing, the permitted premises to become deteriorated.
(2)
In the "R-3" district. Subject to the additional conditions hereinafter set forth, multiple dwellings may be allowed in the R-3 single-family district. The additional conditions to be satisfied prior to approval of any conditional use permit for multiple dwellings are as follows:
a.
Any development of multiple dwellings must serve as a transitional use between more intense and less intense land uses.
b.
The maximum density shall be one (1) residential unit for each three thousand (3,000) square feet of lot area, but not more than twenty percent (20%) of the land shall be used for dwelling purposes, based upon the gross area of the site prior to the construction of any improvements. Each dwelling unit shall have a minimum floor area of no less than five hundred (500) square feet.
c.
Two (2) parking spaces shall be provided for each dwelling unit. The parking requirement may be reduced to .75 spaces per dwelling unit for housing planned, designed and constructed for the elderly, if approved by the planning and zoning commission; provided, however, that an area of sufficient size shall be designated on the site plan to accommodate additional parking should conversion to conventional housing occur in the future.
d.
No building shall be greater than three (3) stories or thirty (30) feet in height, whichever is less.
e.
No wall of any structure shall be located closer to any wall of another structure than as set out in the following table:
Walls | Front | Side | Rear | Walls Of Detached Accessory Building |
|---|---|---|---|---|
Front | 50 ft. (60 ft. if over 2 stories) | 30 ft. (20 ft. if side wall has no windows) | 100 ft. | 30 ft. |
Side | 30 ft. (20 ft. if side wall has no windows) | 20 ft. | 30 ft. | 10 ft. |
Rear | 100 ft. | 30 ft. | 50 ft. | 20 ft. |
Any dimension given above shall include the side yard required for a single-family dwelling, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property. |
(3)
In any "C" district.
a.
Greenhouses and nurseries, provided that all structures and storage areas must be located at least one hundred (100) feet from any property located in any R district.
b.
Public or private sanitation or sewage collection, detention, treatment or processing facility.
c.
Child care and adult day care facilities.
i)
In addition, if a separate conditional use permit is applied for and issued in accord with the provisions of this Article, an adult day care facility for which a conditional use permit has been issued may also offer overnight adult respite care in accord with the following additional requirements. As used herein "overnight adult respite care" shall mean the provision of temporary lodging and meals for ambulatory elderly or disabled individuals age eighteen (18) or older.
ii)
A facility offering overnight adult respite care must have an adult care giver twenty-one (21) years or older and qualified by specialized training or equivalent experience in attending to those using such care on the premises at all times overnight care is utilized. All such care givers shall be registered in writing in advance with the Bellefontaine Neighbors Police Department together with such identifying and contact information and a statement of qualifications as may reasonably be required by the Department.
iii)
No person may receive overnight adult respite care services on the premises more frequently than seven (7) nights in any sixty (60) day period.
iv)
Adequate provisions must be made to feed and supervise the patrons of the facility at all times. Any cooking facilities utilized for care permitted hereby must comply with all applicable health regulations.
v)
Care givers shall not be provided, nor may they utilize, sleeping quarters at the facility and must remain awake, alert and on duty at all times they are responsible for anyone entrusted to their care.
vi)
Any violation of the standards and requirements specified herein, or any conditions associated with the permit authorizing such care, or any requirements of the permit authorizing adult day care services, or any other requirements of the city's Code of Ordinances shall be grounds for revocation of the permit authorized hereby.
vii)
Nothing in this Ordinance shall be construed to supersede or waive any requirements of state or federal law, county ordinance or fire district ordinances affecting the provision of services of the character described herein. Any licensing or permitting now or hereafter required by any other agency must be obtained before overnight adult respite service can be initiated, and must be maintained in full force whenever such care is offered.
d.
Filling stations for automobiles and vehicle service and repair facilities. Provided, however, that all storage tanks for volatile substances must be located below ground and at least two hundred (200) feet from any church, school, hospital, playground or similar place of public attendance or assembly, or a children's or old people's home. Distance to be measured shortest distance, property line to property line.
e.
Taverns and bars.
f.
Mortuary establishments.
(4)
In the "C-1" district.
a.
All permitted uses in the C-1 district which exceed one (1) story or twenty (20) feet in height, whichever is less, including rooftop mechanical equipment attached to a structure.
b.
Financial institutions not having drive-through facilities.
c.
Restaurants, but no fast food restaurants or restaurants with drive-through facilities.
d.
Existing structures within the C-1 district as of September 1, 1993, and structures zoned after that date as being within the C-1 district, which are not adaptable to being so configured as to allow use by separate occupants of less than ten thousand (10,000) square feet each may be used for any of the uses permitted by subsections (b) 4, 5, 6 or 8 of section 29-46 of article VIII or any of the uses permitted as conditional uses in the C-1 district pursuant to this subsection (4)(d) without regard to the gross floor area limitations imposed therein if the board of aldermen determines that the proposed use of such structures and the proposed size of the suggested use would be consistent with the nature and purpose of article VIII and this section and that the structure cannot reasonably be adapted for use within such size limitations. In acting upon an application for a use in excess of the permitted gross floor area limitation pursuant to this subsection, the board of aldermen shall determine and state in the permit that gross floor area most nearly approximating the limitations of the district for which the structure is reasonably adapted and the use so authorized shall be limited to that gross floor area.
(5)
In the "C-2" district.
a.
Hospitals, clinics and institutions, including educational, religious and philanthropic institutions when located on a site containing an area of not less than five (5) acres; provided, however, that such buildings shall not occupy over ten percent (10%) of the total area of the lot and will not have any serious and depreciating affect upon the value of the surrounding property, and provided further that the buildings shall be set back at least one hundred (100) feet from the front lot line and shall be set back from the otherwise required side and rear yard an additional distance equal to two (2) feet for each foot of building height.
b.
Amusement parks.
c.
Animal hospitals, veterinary clinics and kennels.
d.
Automobile sales facilities and/or showrooms.
e.
Car washes for motor vehicles.
f.
Fast food restaurants not otherwise allowed as permitted uses in the C-2 district.
g.
Financial institutions with drive through facilities.
h.
Residential or outpatient facilities for the treatment of alcohol or other drug abuse. Provided, however, that no residential treatment facility shall be located any closer than one thousand three hundred (1,300) feet to any other such treatment facility and that the building or structure used for any residential facility shall maintain an exterior appearance in reasonable conformance with the general standards of the area.
i.
Pawnshops, being defined for the purpose of this section as the business of lending money on the security of pledged goods or the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
j.
Self-storage facilities.
(6)
In the "M" districts.
a.
Airport or heliport, including hangars and normal accessory and service buildings.
b.
Extraction of sand, gravel, or other raw materials.
c.
Any industrial or manufacturing use provided, except in the case of electrical substations, that all operations and processes are carried on in buildings not closer than one hundred (100) feet to any boundary of an R district, and provided further, that suitable safeguards and conditions are imposed to protect life and limb and adjacent property and prevent objectionable, dangerous and offensive conditions.
d.
Filling stations for motor vehicles and vehicle service and repair facilities. Provided, however, that all storage tanks for volatile substances must be located below ground and at least two hundred (200) feet from any church, school, hospital, playground or similar place of public attendance or assembly, or a children's or retirement home. Distance to be measured shortest distance, property line to property line.
e.
Building material sales yard for the sale of rock, sand, gravel, cement, concrete products and the like, with concrete mixing facilities, but with no rock crushing machinery. No portion of the sales yard proper or concrete mixing plant to be closer than two hundred (200) feet from any adjoining R district, excluding width of roads.
f.
In the M-2 controlled industrial district only, storage yards for the sale or rental of steel pilings, pile driving hammers and any other equipment directly associated with same that might be concerned with the actual business of the contractor operating hereunder. No portion of stored materials, equipment or accessory building or buildings shall be closer than one hundred (100) feet from any adjoining R district, excluding width of road. Pilings shall be stored a minimum of six (6) inches above grade in neatly arranged stacks on concrete or steel supports.
Access roadways to stored pilings or equipment shall be paved with asphalt or concrete. The storage areas shall be covered with a minimum of four (4) inches of crushed rock. A six (6) mil polyethylene vapor barrier, installed below the crushed rock, or other method approved by the city engineer, shall be used for weed control.
g.
Facilities for the display, sale, rental and servicing of construction equipment and related parts.
h.
Car washes for motor vehicles.
i.
Adult entertainment establishments or businesses.
j.
In the M-1 Industrial District only, drayage, freight or trucking yard or terminal.
k.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 2562, 12-19-2019]
l.
Medical marijuana testing facility.
[Ord. No. 2562, 12-19-2019]
Sec. 29-97 Wireless Telecommunications facilities.
[Ord. No. 396 Art XVI, 4-29-1960; Ord. No. 1811 § 2, 4-1-1999; Ord. No. 2397 § 1, 7-6-2017]
(a)
Purposes. The purposes of this Section are to:
(1)
Provide for the appropriate location and deployment of wireless communications infrastructure to better serve the citizens and businesses of the City of Bellefontaine Neighbors and the metropolitan St. Louis area;
(2)
Minimize adverse visual impacts of wireless facilities and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
(3)
Encourage the use of disguised support structures so as to protect the architectural and scenic quality of the City;
(4)
Comply with applicable law, including the Federal Telecommunications Act of 1996, 47 U.S.C. § 332, and the Missouri Uniform Wireless Communications Infrastructure Deployment Act, Section 67.5090 et seq., RSMo.
(b) ACCESSORY EQUIPMENT ANTENNA APPLICANT APPLICATION BUILDING PERMIT CITY ENGINEER COLLOCATION DISGUISED SUPPORT STRUCTURE ELECTRICAL TRANSMISSION TOWER EQUIPMENT COMPOUND EXISTING STRUCTURE FAA FCC HEIGHT REPLACEMENT STANDARD OUTDOOR ADVERTISING STRUCTURES SUBSTANTIAL MODIFICATION(1) (2) (3) (4) UTILITY UTILITY POLE WATER TOWER WIRELESS COMMUNICATIONS SERVICE WIRELESS FACILITY WIRELESS SUPPORT STRUCTURE
Definitions. As used in this Section, the following terms shall have the following meanings:
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures.
Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
Any person engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services who submits an application.
A request submitted by an applicant to the City to construct a new wireless support structure, for the substantial modification of a wireless support structure, or for collocation of a wireless facility or replacement of a wireless facility on an existing structure.
A permit issued by the City prior to commencement of work on the collocation of wireless facilities on an existing structure, the substantial modification of a wireless support structure, or the commencement of construction of any new wireless support structure, solely to ensure that the work to be performed by the applicant satisfies the applicable building code.
The City Engineer of the City or his/her designee.
The placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.
Any freestanding, man-made structure designed for the support of wireless facilities, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include but are not limited to clock towers, campaniles, observation towers, pylon sign structures, water towers, artificial trees, flag poles and light standards.
An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.
An area surrounding or near a wireless support structure within which are located wireless facilities.
A structure that exists at the time a request to place wireless facilities on a structure is filed with an authority. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with applicable building codes, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of a structure at ground level to its highest point, including the main structure and all attachments thereto.
Includes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.
All signs which advertise products, services or businesses which are not located on the same premises as the sign, including billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground.
The mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:
Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);
Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
Any person, corporation, county, municipality acting in its capacity as a utility, municipal utility board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, wastewater, data, cable television, or telecommunications or Internet protocol-related services.
A structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to provide lighting.
A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
Includes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services;
A structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.
(c)
Permitted uses: Satellite earth stations less than six (6) feet in diameter and receive-only home television antennae are allowed as accessory uses in all districts without any permit, and wireless facilities and support structures which meet any of the following criteria may be constructed, repaired or modified upon receipt of a building permit issued by the City Engineer:
(1)
Collocation and replacement applications, provided that no permit may be issued for collocation to a certified historic structure as defined in Section 253.545, RSMo., until at least one public hearing has been held by the City Engineer within thirty (30) days prior to issuance. The City Engineer shall provide public notice of such public hearing in the same manner as required for proposed zoning code changes. Such applications are subject to the general condition in Subsection (f)(1) of this Section, but no other zoning or land use requirements, including design or placement requirements, or public hearing review.
(2)
The mounting of wireless facilities in or on the roof of any existing building other than a single-family residence, provided that the building was not constructed primarily for the support of antennae and provided that the height of the facilities does not exceed twenty (20) feet from its mounting and that such use is not otherwise prohibited by ordinance.
(3)
Wireless facilities or support structures for the operations of a commercial or public radio or television station licensed by the Federal Communications Commission or a local, state or Federal law enforcement or emergency agency may be installed as permitted by law in nonresidential districts.
(4)
The installation or mounting of antennae on any electrical transmission towers located in any commercial zoning district of the City.
(5)
The installation of a disguised support structure and related wireless facilities as part of a building or structure that is otherwise allowed in the district in which located.
(6)
Wireless facilities or support structures for the operation of a licensed amateur radio facility within the City. The permit application must be accompanied by proof that the applicant or an occupant of the property is a licensed amateur radio operator.
a.
Height limits.
1.
The City Engineer shall issue an amateur radio antenna/structure permit if it is determined that:
i.
Any antenna(s) mounted on a roof shall not extend more than sixty-eight (68) feet above grade;
ii.
Any tower-mounted antenna(s) shall not extend more than sixty-two (62) feet above grade when fully extended; and
iii.
The requirements of this Section regarding location, structural components and wiring are complied with.
2.
Permits for ground-mounted antennas and supports intended exclusively for the support of wire antennas which are so erected as to be readily capable of being relocated from time to time shall describe the area within which such an antenna or support may be positioned.
3.
Any person desiring to install, erect or maintain an amateur radio antenna at any height greater than set forth in the preceding subsection shall file an application therefor with the Board of Adjustment. No fee shall be required for this application. The Board of Adjustment may grant a permit to allow construction to such height as it shall determine if it finds that topographical circumstances or other operational parameters of the antenna(s) and the associated radio equipment so require and that there are adequate provisions to protect adjoining properties.
4.
Wireless facilities or support structures for licensed amateur radio uses that are ground-mounted shall be located in the rear of the lot between the rear line of the principal building on the lot and six (6) feet from the rear lot line. No such antenna, nor any portion of any base or support therefor, may be closer than six (6) feet to any lot line; provided, further, that on corner lots no antenna may be closer to any street than the principal building.
(d)
Conditional uses. All wireless facilities and support structures to be installed, built or otherwise modified that are not expressly permitted by Subsection (c) herein, and not prohibited by Subsection (e), shall require a conditional use permit issued in accordance with the procedures contained in Article XVI, Conditional Use Permits, of this Chapter of the Municipal Code, as well as a building permit.
(e)
Prohibited uses. Except as otherwise provided in Subsection (c):
(1)
No wireless facilities or support structures shall be permitted in residentially zoned districts, other than for licensed amateur radio uses.
(2)
No wireless facilities or support structures shall be permitted to have a total height in excess of one hundred (100) feet.
(3)
Wireless facilities installed on a building shall not exceed twenty (20) feet from the highest point of the building, other than for licensed amateur radio uses.
(4)
Unless a disguised support structure is in the form of a standard outdoor advertising structure, the placement of advertising or signs on wireless support structures is prohibited.
(f)
General conditions. The general criteria and preferences for approving wireless facilities and support structures under this Section shall be as follows:
(1)
Building codes and safety standards. All wireless facilities and support structures shall meet or exceed the standards and regulations contained in applicable state and local building codes, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability, and engineering.
(2)
Regulatory compliance. All wireless facilities and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other Federal or state agency with the authority to regulate such facilities and support structures. Should such standards or regulations be amended, then the owner shall bring such facilities and support structures into compliance with the revised standards or regulations within six (6) months of the effective date of the revision unless a different date is established by the controlling agency.
(3)
Supports. No more than one (1) antenna tower may be erected on any lot in the City; provided, however, that a support used exclusively for the support of a wire antenna for a licensed amateur radio facility and being no wider than six (6) inches at grade and having a height no greater than fifty (50) feet above grade shall not be considered as an antenna tower for purposes of calculating the permitted number of such towers under this Subsection.
(4)
Lighting. Wireless facilities and support structures shall not be illuminated at night unless required by the FAA or other Federal or state agencies, in which case, a description of the required lighting scheme will be made a part of the application.
(5)
Design.
a.
Wireless facilities and support structures should, to the extent reasonably possible, be architecturally and visually compatible with surrounding buildings, structures, vegetation and/or uses already in the area or likely to exist under the regulations of the underlying zoning district.
b.
Wireless support structures, except disguised support structures, shall maintain a galvanized steel finish or, subject to the requirements of the FAA, FCC or any other applicable Federal or state agency, be painted a neutral color consistent with the natural or built environment of the site.
c.
Wireless facilities other than antennae shall have an exterior finish compatible with the natural or built environment of the site, and shall also comply with such other reasonable design guidelines as may be required by the City.
d.
Wireless facilities mounted on buildings should be made to appear as unobtrusive as possible by location as far away as feasible from the edge of the building and by making them a color consistent with the natural or building backdrop.
e.
Wireless facilities shall be screened by appropriate landscaping and/or fencing. Wireless support structures shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. Evergreen trees shall be a minimum of six (6) feet tall and deciduous trees not less than two and one-half (2 1/2) inches in caliper at time of planting. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six-foot-high decorative masonry fence or wall may be approved by the City upon demonstration by the applicant that an equivalent degree of visual screening is achieved.
f.
All wiring to or from ground-mounted antennas or antenna towers located more than five (5) feet from the nearest building wall shall be underground; provided, however, that feed lines to and from antennas for licensed amateur radio facilities which must be open to the air in order to operate as designed (so called "open wire feed lines") need not be enclosed or located underground.
(6)
Location and setback.
a.
Wireless support structures, except disguised support structures, shall not be located within two hundred (200) feet of any residential structure or any parcel of property used as a park, or playground.
b.
All wireless support structures, except disguised support structures, shall be separated from any residential structure at least a distance equal to the height of the support structure plus ten (10) feet. Support structures on parcels adjacent to residentially zoned property shall, at a minimum, meet the setbacks of the applicable zoning district as required for the principal structure along the adjoining property lines. No support structure may be placed on residentially zoned property closer to any residential structures on adjoining properties than the distance from the support structure to the principal structure located on the lot on which the support structure is located.
(g)
Miscellaneous.
(1)
For any guyed wireless support structure, ground anchors shall be located on the same parcel as the structure, and such anchors shall meet the setbacks required for accessory buildings within the zoning district.
(2)
Vehicle or outdoor storage on the site of any wireless facilities or support structure is prohibited.
(3)
On-site parking for periodic maintenance and service shall be provided at all locations of wireless facilities and support structures.
(4)
Any wireless facility or support structure no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable cousers shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the facility and/or support structure. In the case of couse, this provision shall not become effective until all users cease operations. Any wireless support structure not in use for a period of one (1) year shall be deemed a public nuisance and may be removed by the City at the owner's expense. Removal of facilities shall not be a condition of approval of any application.
(5)
Prior to the issuance of a building or conditional use permit, other than for a collocation or replacement application, the City may require submittal of easement documents, lease agreements or other documentation of evidence of the right to utilize the property for location of wireless facilities and/or support structures.
(h)
Time limits. All applications regarding wireless facilities and support structures shall be processed in accordance with the time limits established by Sections 67.5090 to 67.5103, RSMo.
(i)
Fees. Fees for applications regarding wireless facilities and support structures shall not exceed the limits established by Sections 67.5090 to 67.5103, RSMo.