Clayton City Zoning Code
ARTICLE XXVI
Home Antennas, Satellite Dishes, Commercial Antennas and Antenna Support Structures
Section 405.3700 Purpose Statement
[Ord. No. 5814 §1(32.1), 4-27-2004]
A.
These regulations supplement the district regulations contained elsewhere in this Chapter. Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this Chapter.
B.
The purposes of this Article are to:
1.
Provide for the appropriate location and development of antenna facilities to serve the City's residents and businesses;
2.
Minimize adverse visual impacts of antenna facilities through design, siting and screening techniques; and
3.
Maximize the use of existing and new antenna facilities so as to minimize the need to construct new or additional facilities.
Section 405.3710 Home Antennas and Non-Commercial Satellite Dishes
[Ord. No. 5814 §1(32.2), 4-27-2004]
A.
Permitted Uses, No Building Permit Required.
B.
Building Permits Required, When—Application.
1.
Building and any other necessary construction permits shall be required for the construction or installation of any home antenna or satellite dish, as follows:
2.
An application for a building permit shall be filed with the Building Official and shall include, among other information that may required, the following:
C.
Special Antenna Permits Required, When. In addition to building permits, a special antenna permit as provided in Section 405.3730 shall be required for any satellite dish that exceeds two (2) meters (seventy-eight and seventy-four hundredths (78.74) inches) in diameter.
D.
Regulations For Home Antennas And Non-Commercial Satellite Dishes. The following regulations apply to all home antennas and satellite dishes:
1.
Home antennas and satellite dishes shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the proposed antenna.
2.
Home antennas and satellite dishes shall be located on the site area in such a manner as to eliminate visibility from the public streets or shall be screened from view from the public streets. Screening materials may consist of walls, fences, buildings, mature plant materials or other appropriate items. Screening materials shall be maintained and replaced as needed.
3.
Ground-mounted home antennas and satellite dishes shall be located only in the rear yard portion of any lot and shall be subject to a setback of five (5) feet from any lot line.
4.
No advertising of any form shall be permitted on any part of a home antenna or satellite dish, except for not greater than a six (6) inch square area displaying the manufacturer's or distributor's name.
5.
In single-family and two-family residential zones, no more than one (1) home antenna or satellite dish may be located on any one (1) site.
6.
In multiple-family residential zones, no more than one (1) home antenna or satellite dish may be located on any site area with less than ten (10) units and no more than two (2) home antennas or satellite dishes may be located on any site area with ten (10) or more units.
7.
All wiring to and from a ground-mounted home antenna or satellite dish located more than five (5) feet from the nearest building shall be underground.
8.
No home antenna or satellite dish shall be erected so as to injure the roof covering and when removed from the roof, the roof covering shall be repaired to maintain weather and water tightness. The installation of a home antenna or satellite dish mounted on a building shall not be erected nearer to the lot line than the total height of the facility above the roof, nor shall such facility be erected near electric power lines or encroach upon any street or other public space.
9.
Home antennas and satellite dishes shall be designed, erected and maintained in accordance with the City's Building Code and all other applicable State or local codes.
E.
Limitation On Regulations. Except as may be necessary to ensure public health and safety, the home antenna and satellite dish regulations shall not be applied so as to:
Section 405.3720 Commercial Antennas and Antenna Support Structures
[Ord. No. 5814 §1(32.3), 4-27-2004]
A.
Permitted Uses (No Building Permit Required). Commercial antennas and associated support structures shall be permitted in non-residential zoning districts, governmental facilities and university campuses. No building permit shall be required for the following type of commercial installations:
B.
Building Permit And Special Antenna Permit Required, When—Application. Building permits and special antenna permits, pursuant to Section 405.3730, shall be required for the construction, installation or modification of any facility which exceeds the requirements in Subsection (A) above. An application for a special antenna permit shall include all requirements for a building permit application and shall be filed in lieu of such application.
C.
General Regulations, Commercial Antennas And Antenna Support Structures. The following regulations apply to all commercial antennas and antenna support structures:
1.
Commercial antennas and antenna support structures shall be located on the site area or structure in such a manner as to eliminate visibility from the public streets and shall be screened from view from the public streets and adjacent properties/structures. Screening materials may consist of walls, fences, buildings, mature plant materials or other appropriate items. Screening materials shall be maintained and replaced as needed.
2.
Commercial antennas and antenna support structures shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the proposed equipment.
3.
Ground-mounted commercial antennas shall be located only in the rear yard portion of any lot and shall be subject to a setback of five (5) feet from any lot line.
4.
No advertising of any form shall be permitted on any part of an antenna, except for not greater than a six (6) inch square area displaying the manufacturer's or distributor's name.
5.
All wiring to and from ground-mounted antennas located more than five (5) feet from the nearest building shall be underground. All wiring to and from any commercial antenna running along an elevation shall be fully concealed or screened.
6.
No commercial antenna shall be erected so as to injure the roof covering and when removed from the roof, the roof covering shall be repaired to maintain weather and water tightness. The installation of any commercial antenna mounted on a building shall not be erected nearer to the lot line than the total height of the antenna above the roof, nor shall such antenna be erected near electric power lines or encroach upon any street or other public space.
7.
Antennas shall be designed, erected and maintained in accordance with the City's Building Code and all other applicable State or local codes.
D.
Specific Regulations, Commercial Antennas And Antenna Support Structures.
1.
Height. The height of commercial antennas and antenna support structures shall not exceed the building height limits of the subject zoning district unless a different height is authorized because of co-use pursuant to Subsection (D)(9)(c) hereof or because of a determination of the Architectural Review Board based on a clear showing that such height is required to provide personal wireless services or reasonably required for public safety communications of a governmental entity sharing the facility. Such showing shall be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limitations or the reasons why such alternatives are not viable.
2.
Regulatory compliance. All commercial antennas and antenna support structures shall meet or exceed current standards and regulations of the FCC and any other State or Federal agency having regulatory jurisdiction. Should such standards or regulations be amended, then the owner shall bring antennas and structures into compliance with the revised standards or regulations within six (6) months of the effective date of the revision unless an earlier date is mandated by the controlling agency.
3.
Security. All commercial antennas and antenna support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any special antenna permit application to install, build or modify telecommunications antennas, towers or support structures.
4.
Lighting. Commercial antennas and antenna support structures shall not be lighted unless required by the FAA or other State or Federal agency having regulatory jurisdiction, in which case a description of the required lighting scheme will be made a part of the special antenna permit application to install, build or modify the telecommunications antennas, towers or support structures.
5.
Advertising. Unless a disguised support structure is in the form of an otherwise lawfully placed pylon sign, the placement of advertising on such antennas or structures is prohibited, except for displaying the manufacturer's or distributor's name in an area not greater than six (6) square inches.
6.
Occupancy and storage. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected disguised commercial antenna or antenna support structure is prohibited.
7.
Design. Commercial antennas shall have stealth installations so that they are fully screened or not visible or not recognizable as such antennas and antenna support structures other than buildings shall be disguised support structures, so that each such facility is consistent with the natural or built environment of the site.
a.
Shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and may also be brick or other masonry material as may be required.
b.
Commercial antennas attached to a building or a disguised antenna support structure shall be fully screened and not visible or not recognizable as a commercial antenna.
8.
Site requirements.
a.
All commercial antennas and antenna support structures must be located within a non-residentially zoned district and are prohibited from all residential districts.
b.
Street level floor areas shall not be occupied principally for the placement of cabinets or shelters or for the storage, warehousing or operation of commercial antennas or antenna support structures.
9.
Co-use.
a.
Prior to the issuance of any special antenna permit or building permit, the applicant shall submit a notarized statement agreeing to make the proposed antenna support structure available for use by others, subject to reasonable technical limitations and financial terms.
b.
Prior to the issuance of any special antenna permit or building permit, the applicant shall furnish an inventory of all known antenna support structures sites located in or within one-half (½) mile of the City limits that could be used for the applicant's antenna attachment. The inventory shall identify the owner of the facility, its type and reference name or number and the street location, latitude and longitude, height, type and mounting height of existing antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets. The applicant shall further demonstrate why co-use on the identified facilities is inappropriate or was otherwise not allowed.
c.
Commercial antennas and antenna support structures may be installed, constructed or modified so as to exceed the height limitations provided in Subsection (D)(1) hereof to accommodate co-use. The City may also require the applicant of new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.
d.
Any new antenna support structure at least one hundred (100) feet in height shall be designed and constructed to accommodate at least one (1) co-user.
e.
The willful and knowing failure of an applicant to agree to co-use or to negotiate in good faith with potential co-users may be cause for either the denial of a pending application, the revocation of an existing special antenna permit or the withholding of future permits.
10.
Maintenance. All commercial antennas and antenna support structures shall be maintained and improved to remain in the condition in which they were approved.
11.
Removal. If any commercial antenna or antenna support structure is not used or is inactive for a period of one (1) year, it shall be considered a nuisance and be removed at the owner's expense. The owner 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 antenna, structure and any related facilities. If the owner fails to do so the facilities may be deemed a public nuisance and be removed at the owner's expense.
Section 405.3730 Special Antenna Permit
[Ord. No. 5814 §1(32.4), 4-27-2004]
A.
Permit Required—Application.
1.
The construction and installation of all proposed satellite dishes that exceed the limitations prescribed in Section 405.3710(A)(2) and the construction, installation and modification of all commercial antennas and antenna support structures as provided in Section 405.3720 shall require a special antenna permit approved by the Architectural Review Board.
2.
Applications for special antenna permits shall be made to the Architectural Review Board as provided in Article III of Chapter 400, Section 400.170 and shall be accompanied by payment of a fee as required by the fee schedule approved by the Board of Aldermen. Prior to filing an application the applicant shall meet with the Director to determine the information to be required in support of the application.
3.
Special antenna permit applications shall be accompanied by detailed construction and installation plans and proof of compliance with Section 405.3710(D), for satellite dishes and Sections 405.3720(C) and 405.3720(D) for commercial antennas and antenna support structures. In addition, the Director may require a detailed site plan based on a closed boundary survey of the host parcel, indicating:
a.
All existing and proposed improvements, including buildings, drives, walkway, parking areas and other structures,
b.
The location of trees on such parcel,
c.
The general location of the improvements on all adjoining properties,
d.
Public rights-of-way, the zoning categories of the host parcel and adjoining properties, the location of buffer and landscape areas, hydrologic features and the coordinates and height of the proposed facility,
e.
Any statements or information required by this Article, and
f.
Such other information as the Director deems appropriate.
4.
Applications for a special antenna permit shall be made in lieu of a building permit application and the Building Official shall determine the issuance of a building permit based on the application for a special antenna permit.
B.
Criteria For Special Antenna Permit Approval. The Architectural Review Board shall consider the evidence submitted with the special antenna permit application as well as additional information presented by the applicant or others. Before approving a special antenna permit for a commercial antenna or antenna support structure, the Board shall consider and determine the following, as may be applicable, based on the evidence submitted:
1.
Whether existing antenna support structures are located within the geographic area necessary to meet the applicant's engineering requirements.
2.
Whether existing antenna support structures within the applicant's required geographic area are of sufficient height to meet system engineering requirements.
3.
Whether existing antenna support structures have sufficient structural strength to support the applicant's proposed commercial antenna and required screening.
4.
Whether the proposed commercial antenna would experience or cause signal interference with other telecommunication facilities.
5.
Whether the fees, costs or other contractual terms required by the owners of existing antenna support structures within the required geographic area of the applicant, or to retrofit the existing structures, are reasonable.
6.
Whether or not there are other limiting conditions that render existing antenna support structures within the applicant's required geographic area unsuitable.
7.
Whether the design of the commercial antenna or antenna support structure maximally reduces visual degradation of the building.
8.
Whether the design of the commercial antenna or antenna support structure maximally reduces visual degradation of the skyline.
9.
Whether the proposed commercial antenna or antenna support structure minimizes the number and size of similar facilities that will be required in the geographic area surrounding the proposed site.