Dardenne Prairie City Zoning Code
ARTICLE VI
Conditional Uses
Section 405.455 Purpose.
[Ord. No. 516 §14(14.01), 6-21-2001]
A.
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 effect 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.
B.
Such conditional uses cannot be allowed to locate as a "right" on any parcel of land within certain districts without consideration of existing conditions at the proposed location and of properties neighboring upon the specific site considered nor without adequate and sufficient safeguards, when necessary, to lessen the impact of adverse factors.
Section 405.460 Authority to Grant Permits.
[Ord. No. 516 §14(14.02), 6-21-2001]
The Board of Aldermen, considering the recommendation by the Planning and Zoning Commission, shall have the authority to grant Conditional Use Permits, subject to such conditions of design and operation, safeguards and time limitations as it may determine for all conditional uses specified in the district regulations of this Chapter.
Section 405.465 Application and Fee.
[Ord. No. 516 §14(14.03), 6-21-2001; Ord. No. 1341 §41, 8-20-2008; Ord. No. 2207, 9-21-2022]
Application for any Conditional Use Permit permissible under the provisions of this Chapter shall be made to the Planning and Zoning Commission and the Board of Aldermen by filling in the official Conditional Use Permit application form; submitting required data, exhibits and information; and depositing the required fee. The application shall be accompanied by a fee as set by the Board of Aldermen. No part of such fee shall be returnable to the applicant. Each completed application should be filed with the Zoning Administrator at least thirty (30) days prior to the Commission meeting at which it is to be first considered.
Section 405.470 Information Required in Conditional Use Procedure.
[Ord. No. 516 §14(14.04), 6-21-2001; Ord. No. 1133 §1, 3-21-2007; Ord. No. 1341 §42, 8-20-2008; Ord. No. 2207, 9-21-2022]
A.
A petition for a conditional use shall be signed by all the owners of the property to be used or by their agent or agents having authority to sign the petition on their behalf and by the applicant if other than the owner. The petition shall be submitted to the Zoning Administrator and shall contain or be submitted concurrently with the following information:
1.
A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format.
2.
A scaled map of such property, correlated with the legal description and clearly showing the property's location.
3.
The names and addresses of all the owners of the affected property and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds proving such ownership.
4.
Date of filing with the Planning and Zoning Commission.
5.
The present zoning, proposed change of zoning, if any, and proposed use of such property.
6.
The names and mailing addresses of property owners with property within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property(ies) to be affected.
7.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the petitioner(s) are a trust or business entity, then proof of the authority of the party executing the petition must be provided by way of resolution, minutes, bylaws, articles of incorporation or some other reasonable means.
Section 405.475 Action by the Planning and Zoning Commission/Board of Aldermen.
[Ord. No. 516 §14(14.05), 6-21-2001; Ord. No. 1341 §43, 8-20-2008]
A.
Review Of Application.
[Ord. No. 1772 §2, 9-16-2015]
1.
Upon receiving the application for a conditional use permit, the Planning and Zoning Commission and Board of Aldermen shall hold public hearings on the proposal. Such public hearings shall be conducted after notice required pursuant to Section 405.871 of this Code.
2.
After review of the application for conditional use and the public hearing, the Planning and Zoning Commission shall make findings of fact as to whether or not the standards described in Subsection (B) of this Section have been met by the applicant. The burden of proof shall be on the applicant to prove that said standards have been met by the applicant. Thereafter the Planning and Zoning Commission shall either:
a.
Postpone consideration of the conditional use permit due to lack of sufficient information to make a recommendation to the Board of Aldermen;
b.
Recommend approval to the Board of Aldermen;
c.
Recommend approval with conditions to the Board of Aldermen; or
d.
Recommend denial of the conditional use permit.
3.
Upon receipt of a recommendation from the Planning and Zoning Commission, the Board of Aldermen shall have the authority to grant a conditional use permit. The conditional use permit under consideration by the Board of Aldermen shall be in the form of an ordinance. Said ordinance shall include all findings and conclusions of the Board of Aldermen in support of granting the conditional use permit, as well as conditions, safeguards and restrictions upon the conditional use deemed necessary by the Board of Aldermen.
4.
Upon the denial of a conditional use by the Board of Aldermen, by means of an affirmative vote of the Board of Aldermen to reject the bill proposing the conditional use or upon the failure of the bill to pass as an ordinance for lack of sufficient votes in favor, the Board of Aldermen shall, no later than the next regular meeting of the Board of Aldermen, prepare and approve the findings of fact and conclusions of law setting forth the Board's reasons for denying the conditional use. The date of the Board's approval of the findings of fact and conclusions of law shall be deemed the effective date of the denial of the requested conditional use.
B.
The decision to recommend approval or denial of the proposed conditional use shall be based on the following criteria:
1.
The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations.
2.
The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.
3.
The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
4.
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 dominate the immediate neighborhood, consideration shall be given to:
5.
Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations.
6.
Adequate utility, drainage and other such necessary facilities have been or will be provided.
7.
Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
8.
In consideration of requests for any Conditional Use Permits the Planning and Zoning Commission/Board of Aldermen shall require such conditions of use as it deems necessary to protect the best interests of the City and the surrounding property and to achieve the objectives of this Chapter. These additional requirements shall include, but not be limited to, those special provisions applying to certain uses specified in Section 405.480.
A violation of a requirement, condition or safeguard shall be considered a violation of this Chapter and grounds for the Board of Aldermen of the City to terminate and cancel such Conditional Use Permit.
9.
A time limitation may be required on the conditional uses specified in the district regulations of this Chapter. Said Conditional Use Permit shall be renewable at the discretion of the Board of Aldermen considering the recommendation of the Planning and Zoning Commission.
10.
Specific provisions for signage may be included in the conditional use approval.
[Ord. No. 2127, 8-18-2021]
11.
In consideration of requests for any Conditional Use Permits the Planning and Zoning Commission may recommend and the Board of Aldermen shall require such conditions of use as it deems necessary to protect the health, safety and welfare of the residents of the City and to achieve the objectives of this Chapter. These additional requirements, may include, but are not necessarily limited to:
[Ord. No. 2127, 8-18-2021]
a.
Use limitations and/or requirements;
b.
Height, area and setback limitations and/or requirements;
c.
Parking and loading limitations and/or requirements;
d.
Sign limitations and/or requirements;
e.
Limitations and/or requirements for architectural elevations for any proposed structures;
f.
Landscaping limitations and/or requirements; and/or
g.
Limitations as specified in this Article.
12.
A Site Plan submitted as part of a Conditional Use Permit application may be revised or amended consistent with the provisions of Section 405.790(B) of this Code provided that such revised or amended Site Plan shall also meet the following requirements:
[Ord. No. 2207, 9-21-2022]
a.
The revision or amendment shall not create excessive additional requirements at public cost for public facilities or services;
b.
The revision or amendment to the Site Plan shall not result in a change in the height of the building or structure by more than five (5) feet;
c.
The revision or amendment to the Site Plan shall not result in a change in distance between a building line and an adjoining residentially zoned property line;
d.
The revision or amendment to the Site Plan shall not result in an increase in water flow onto the adjoining residentially zoned property;
e.
The revision or amendment to the Site Plan shall be designed, constructed, maintained and managed so as to be harmonious and appropriate in appearance with the existing character of other properties in the general vicinity.
Notwithstanding the foregoing, if the Zoning Administrator determines, in his or her sole discretion, that a revised or amended Site Plan is inconsistent with or in violation of an approved Conditional Use Permit, the Zoning Administrator may refer the revised or amended Site Plan to the Planning and Zoning Commission and Board of Aldermen for consideration pursuant to Section 405.475 of this Code. |
Section 405.480 Additional Development Requirements of Certain Uses.
[Ord. No. 516 §14(14.06), 6-21-2001; Ord. No. 542 §1(r), 12-20-2001; Ord. No. 1341 §44, 8-20-2008]
A.
A Conditional Use Permit shall not be issued to certain uses in this Section due to their detrimental effects on public safety, health, welfare and the City's property values unless they comply with the following site development requirements.
1.
Quarries and sand and gravel pits. The removal of soil, including top soil, sand, gravel, stone and other earth materials shall be subject to the following conditions.
a.
There shall be not more than one (1) entranceway from a public road to said lot for each six hundred sixty (660) feet of front lot line. Those streets proposed as haul routes from the pit to a State or Federal highway shall be approved by the Mayor and the Board of Aldermen. A maintenance bond shall be posted by the party mining such minerals to guarantee maintenance of the haul route with the amount to be approved by the Mayor and Board of Aldermen and subject to review on a two (2) year continuing basis if the mining operation is to continue beyond a two (2) year period.
b.
Such operation shall not take place before sunrise or after sunset.
c.
On said lot, no digging or excavating shall take place closer than one hundred (100) feet to any lot line.
d.
On said lot all roads, driveways, parking lots and loading and unloading areas within one hundred (100) feet of any lot line shall be paved, oiled, watered or chemically treated so as to limit on adjoining lots and public roads the nuisance caused by wind-borne dust.
e.
Any odors, smoke, fumes or dust generated on said lot by digging, excavating or processing operation and borne or able to be borne by the wind shall be confined within the lines of said lot as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.
f.
Such removal shall not be conducted as to cause the pollution by any material of any surface or subsurface watercourse or body outside of the lines of the lot on which such use shall be located.
g.
Such removal shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of said lot or of any land on said lot so that earth materials are carried outside of the lines of said lot and that such removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property and that in the event that such removal shall cease to be conducted, it shall be the continuing responsibility of the owner or operator thereof to assure that no erosion or alteration of drainage patterns, as specified in this paragraph, shall take place after the date of the cessation of operation.
h.
All fixed equipment and machinery shall be located at least one hundred (100) feet from any lot line and five hundred (500) feet from any residential zoning district. In the event the zoning classification of any land within five hundred (500) feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than one hundred (100) feet from any lot line.
i.
There shall be erected a fence of not less than six (6) feet in height around the periphery of the area being excavated. Fences shall be adequate to prevent trespass and shall be placed on undisturbed terrain no closer than fifty (50) feet to the top of any excavation slope.
j.
All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural with vegetation restored.
k.
The operator or operators shall file with the City a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, proposed final topography indicated by the contour lines of not greater interval than five (5) feet, steps which shall be taken to conserve topsoil; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses and/or other improvements to be made by a definite date.
(1)
The restoration plans shall be filed with and approved by the City before quarrying or removal operations begin. The plans shall be certified by a soil or geology engineer. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water or soils, through seepage of gases into surface or subsurface water or into the atmosphere. The proposed plan shall be submitted to and approved by the Department of Natural Resources.
(2)
The operator or operators shall file with the Board of Aldermen a bond or other surety payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate per acre of property to be used for the required bond shall be submitted to and reviewed by the Zoning Administrator. The bond shall be released upon written certification of the Zoning Administrator that the restoration is complete and in compliance with the restoration plan.
[Ord. No. 2207, 9-21-2022]
2.
Junk yards and inoperative vehicles. In addition to and as an integral part of development, the following provisions shall apply:
a.
Junk yards shall be established and maintained in accordance with all applicable laws and regulations of the United States, the State of Missouri and the City of Dardenne Prairie.
b.
It is recognized by this Chapter that the location in the open of such materials included in this Chapter definition of "junk yard" will cause the reduction of the value of adjoining property. To that end, the character of the district shall be maintained and property values conserved. A solid, unpierced fence or wall of uniform color and construction at least seven (7) feet in height and not less in height than the materials located on the lot on which a junk yard shall be operated shall be located on said lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors and access ways through said fence or wall shall be of solid, unpierced material. In no event shall any materials included in this Chapter definition of "junk yard" be located on the lot on which a junk yard shall be operated in the area between the lines of said lot and the solid unpierced fence of wall located on said lot.
c.
There shall be only one (1) point in ingress and egress.
d.
On the lot on which a junk yard shall be operated, all streets, driveways, parking lots and loading and unloading areas within any junk yard shall be paved, oiled, watered or chemically treated so as to minimize the nuisance caused by wind-borne dust.
e.
The burning of automobiles, parts or any junk material will not be allowed at any time.
3.
Drive-in theaters. In addition to and as an integral part of development, the following provisions shall apply:
a.
Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least seven (7) feet in height. Fences shall be of sound construction, painted or otherwise finished neatly and inconspicuously.
b.
All fenced-in areas shall be set back at least fifty (50) feet from any front street right-of-way with the area between the fence and the street or property line to be landscaped with trees and shrubs.
c.
All traffic ingress and egress shall be on major streets and all local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the public thoroughfares. All points of entrance or exit for motor vehicles shall be located no closer than two hundred (200) feet from the intersection of any two (2) streets or highways.
d.
The movie image shall not be visible from the front street or any major thoroughfare.
e.
The sound track shall not be audible beyond the property lines.
6.
Medical Marijuana Facilities.
[Ord. No. 1975, 9-18-2019]
a.
Definition. For purposes of this Subsection (A)(6), "then-existing" shall mean any building that is occupied by, or for which a building permit has been issued and which will be used as, an elementary or secondary school, child day-care center, or church at the time an individual or entity applies for a conditional use permit to operate a medical marijuana facility.
b.
Siting. No medical marijuana facility shall be sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day-care center, or church.
(1)
In the case of a freestanding facility, the distance between the facility and the school, day-care, or church shall be measured from the property line of the facility to the closest point of the property line of the school, day-care, or church.
(2)
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day-care, or church shall be measured from the property line of the school, day-care, or church to the facility's entrance or exit closest in proximity to the school, day-care, or church.
(3)
Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
Any application for a conditional use permit for a marijuana facility shall include as part of the application a sealed statement of a Missouri licensed professional engineer or land surveyor that the siting requirements of this Subsection (6)(b) are satisfied as of a date certain but no greater than thirty (30) days prior to submission of the application for the conditional use permit. |
c.
Outdoor Operations Or Storage. No medical marijuana dispensary, medical marijuana-infused products manufacturing facility, or marijuana testing facility may store or display marijuana or marijuana-infused products outside of an enclosed building.
d.
On-Site Usage Prohibition. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any medical marijuana facility, including the parking lot.
e.
Hours Of Operation. All sales or distribution of medical marijuana and any other products sold to the public through a medical marijuana dispensary shall take place only between the times established by and forth by the Planning and Zoning Commission and the Board of Aldermen in the conditional use permit for that facility. Medical marijuana dispensaries shall be secured and closed to the public after the hours established by the conditional use permit. No persons not employed by the medical marijuana dispensary may be present in such facility at any time closed to the public.
f.
Display Of Licenses Required. The medical marijuana facility license issued by the State of Missouri and any and all licenses issued by the City shall be displayed in a prominent place in plain view near the front entrance of the medical marijuana facility.
g.
Odor Control And Security Plans And Systems. All applications for a conditional use permit for a medical marijuana facility, shall include, in addition to any other material required by Article VI of this Chapter and by law, an odor control plan at least as stringent as that required by State regulations, and a security plan for security systems, equipment, and procedures as least as stringent as that required by State regulations. Implementation and maintenance of such odor control and security systems shall be a condition of any conditional use permit issued for a medical marijuana facility.
Section 405.481 Conditional Use Permits for New Wireless Support Structures or a Substantial Modification of a Wireless Support Structure.
[Ord. No. 1732 §8, 8-20-2014]
B.
Filing Of Application And Fees.
[Ord. No. 2207, 9-21-2022]
1.
An application for any conditional use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be made on an application form provided by the Zoning Administrator. Each application shall be filed with the Zoning Administrator and shall be accompanied by the data prescribed on the form and any additional information deemed necessary by the Zoning Administrator. The application shall be accompanied by the fee set forth in the fee schedule, as provided by Section 405.965 of the Municipal Code of the City of Dardenne Prairie, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.
2.
An application for a conditional use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be submitted to the Zoning Administrator and shall contain or be submitted concurrently with the following information:
a.
A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft-Word-compatible format;
b.
A scaled map of such property, correlated with the legal description and clearly showing the property's location;
c.
The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds evidencing such ownership;
d.
A copy of a lease, letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue the application;
e.
Date of filing with the Zoning Administrator;
f.
The present zoning, proposed change of zoning, if any, and proposed use of such property;
g.
The names and mailing addresses of property owners with property within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property(ies) to be affected;
h.
Signature(s) of applicant(s) and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the applicant(s) are a trust or business entity, then proof of the authority of the party executing the application must be provided by way of resolution, minutes, bylaws, articles of incorporation or some other reasonable means;
j.
Photographs or other pictorial representations of the new wireless support structure, or the substantial modification of a wireless support structure, as viewed from neighboring properties to demonstrate if the wireless support structure is harmonious with the appearance and character of the neighborhood;
l.
The type of wireless facilities, infrastructure or technology to be used by the applicant; and
m.
Solely with respect to an application for a new wireless support structure, a statement by the applicant that it conducted an analysis of available collocation opportunities on existing wireless support structures within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.
C.
Procedure.
[Ord. No. 2207, 9-21-2022]
1.
Hearing And Consideration By The Planning And Zoning Commission. Within sixty (60) calendar days of receiving an application for a conditional use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, or within such additional time as may be mutually agreed to by an applicant and the Zoning Administrator, the Planning and Zoning Commission shall:
a.
Conduct a hearing and review the application in light of its conformity with this Section:
(1)
An application is deemed to be complete unless the Zoning Administrator notifies the applicant in writing, within thirty (30) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete.
(2)
Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty (30) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within said period of thirty (30) calendar days, the application shall be reviewed and processed, by both the Planning and Zoning Commission and the Board of Aldermen, within one hundred twenty (120) calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the 120-calendar-day deadline for the City to review the application, make the final decision, and advise the applicant in writing of its final decision, shall be extended by the same period of time.
b.
Determine Whether Or Not The Standards Described In This Section Have Been Met By The Applicant. The burden of proof shall be on the applicant to prove that such standards have been met by the applicant. Thereafter, the Planning and Zoning Commission shall either:
(1)
Postpone consideration of the application because the application is incomplete;
(2)
Recommend approval of the application to the Board of Aldermen;
(3)
Recommend approval of the application with conditions to the Board of Aldermen; or
(4)
Recommend denial of the application to the Board of Aldermen.
c.
If the Planning and Zoning Commission fails to act on an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, within its sixty-calendar-day review period, or within such additional time as may be mutually agreed to by an applicant and the Zoning Administrator, the Planning and Zoning Commission shall be deemed to have recommended approval of the application to the Board of Aldermen.
2.
Notice Of Hearings. Notices for hearings required under this Section shall be handled the same as a zoning amendment as described in Article XV of this Chapter.
3.
Hearing And Consideration By The Board Of Aldermen. Upon receipt of a recommendation from the Planning and Zoning Commission, and after providing notice pursuant to this Section, within one hundred twenty (120) calendar days of the Planning and Zoning Commission's receipt of an application for a conditional use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, or within such additional time as may be mutually agreed to by an applicant and the Zoning Administrator, the Board of Aldermen shall conduct a hearing, on the record, on the application and it shall:
4.
The special use permit under consideration by the Board of Aldermen shall be in the form of an ordinance. Such ordinance shall include findings of fact as well as such terms, conditions, safeguards and restrictions upon the special use as deemed necessary by the Board of Aldermen.
5.
If the Board of Aldermen fails to act on an application for a conditional use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, within the 120-calendar-day review period, or within such additional time as may be mutually agreed to by an applicant and the Zoning Administrator, the application shall be deemed approved.
D.
Standards. When deciding whether to approve or deny a conditional use permit for a wireless support structure or substantial modification of a wireless support structure, the Planning and Zoning Commission and the Board of Aldermen shall consider the following:
1.
Whether the proposed conditional use complies with all applicable provisions of the Municipal Code of the City of Dardenne Prairie, including intensity of use regulations, setback regulations and use limitations;
2.
Whether the proposed conditional use will contribute to and promote the general welfare, health, safety and convenience of the public;
3.
Whether the application meets the following requirements:
a.
A wireless support structure shall not exceed two hundred (200) feet in height.
b.
No wireless support structure shall be located within one thousand five hundred (1,500) feet of another wireless support structure. The distance shall be calculated from the center of the base of each wireless support structure.
c.
A wireless support structure shall be located at least two hundred (200) feet from any residential structure. The distance between a wireless support structure and the boundaries of the property on which the wireless support structure lies shall be a distance equal to or exceeding one hundred ten percent (110%) of the wireless support structure's height.
d.
No more than three (3) wireless support structures shall be constructed on any single lot.
e.
All wireless support structures shall be constructed to allow for collocation by at least three (3) additional providers of wireless communication services.
f.
The design of the wireless support structure, wireless facilities, base station, and equipment compound shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the wireless support structure, wireless facilities, base station, and equipment compound within the surrounding natural setting and buildings.
h.
Antennas shall be painted or treated to match the wireless support structure to which they are attached. Antennas shall not extend higher than five (5) feet above the wireless support structure unless authorized in a conditional use permit or by variance.
i.
Photographs or other pictorial representations of the new wireless support structure, or the substantial modification of a wireless support structure, as viewed from neighboring properties, shall be considered when determining if the wireless support structure, or substantial modification of a wireless support structure, is harmonious with the appearance and character of the properties surrounding the wireless support structure;
j.
The Planning and Zoning Commission, or the Board of Aldermen, may require that the wireless support structure be camouflaged if a determination is made that camouflaging the wireless support structure is necessary to preserve the appearance and character of the properties surrounding the wireless support structure;
k.
The construction, maintenance and operation of such wireless support structures and equipment compound shall comply with all Federal, State and City regulations. In addition, the Board of Aldermen may impose reasonable restrictions and conditions to the issuance of any such Conditional Use Permit.
l.
Any wireless support structure, wireless facility, base station or equipment compound that is no longer in use for any wireless communications service shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the obsolete wireless support structure, wireless facilities or equipment compound.
4.
Whether denial of the conditional use permit will prohibit or have the effect of prohibiting the provision of personal wireless services under 47 U.S.C. §332(C)(7)(B)(i)(II); and
5.
Any other relevant impact of the proposed use.
E.
Judicial Review. A party aggrieved by the final action of the Board of Aldermen, either by its affirmatively denying an application under the provisions of this Section or by its inaction, may bring an action for review in any court of competent jurisdiction within the State of Missouri.
F. APPLICANT APPLICATION BUILDING PERMIT
The following definitions shall apply in interpretation and enforcement of Sections 405.481, 405.482, and 405.940:
[Ord. No. 2207, 9-21-2022]
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 an eligible facilities request.
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 wireless communication services satisfies the applicable building code.
G.
Notwithstanding any provision of the SmartCode to the contrary, the provisions of Sections 405.481, 405.482, and 405.940 apply to all Transect Zones within the City. Wherever the term "wireless transmitter" is used in the SmartCode, it shall mean "wireless support structure." Notwithstanding the foregoing, review of applications to construct a new wireless support structure, for a substantial modification of a wireless support structure, or for an eligible facilities request for a modification of an existing wireless support structure or base station that is not a substantial modification of such wireless support structure or base station, shall be in accordance with the warrant procedures of the SmartCode.
Section 405.482 Wireless Facilities Permit.
[Ord. No. 1732 §9, 8-20-2014; Ord. No. 2207, 9-21-2022]
A.
Intent And Purpose. Any person making an eligible facilities request for a modification of an existing wireless support structure or base station that is not a substantial modification of such wireless support structure or base station must apply to the Zoning Administrator for a wireless facilities permit. An application for a wireless facilities permit shall be made on an application form provided by the Zoning Administrator. The application shall be accompanied by the fee set forth in the fee schedule, as provided by Section 405.965 of the Municipal Code of the City of Dardenne Prairie, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant. The Zoning Administrator may not deny, and shall approve, such Wireless Facilities Permits.
B.
Procedure. All applications for a Wireless Facilities Permit shall comply with the procedures set forth in this Subsection (B).
1.
An applicant for a Wireless Facilities Permit shall submit the application and all attachments to the Zoning Administrator.
2.
Each application shall include the following:
a.
A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft-Word-compatible format;
b.
A scaled map of such property, correlated with the legal description and clearly showing the property's location;
c.
The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds evidencing such ownership;
d.
A copy of a lease, letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue the application;
e.
Date of filing with the Zoning Administrator;
f.
The present zoning, proposed change of zoning, if any, and proposed use of such property;
g.
Signature(s) of applicant(s) and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the applicant(s) are a trust or business entity, then proof of the authority of the party executing the application must be provided by way of resolution, minutes, bylaws, articles of incorporation or some other reasonable means;
i.
The type of wireless facilities or technology to be used by the applicant.
3.
Applications for a Wireless Facilities Permit are not subject to the City's zoning or land use requirements, including design or placement requirements, or public hearing review.
4.
Within forty-five (45) calendar days of receiving an application for a Wireless Facilities Permit, the Zoning Administrator shall:
a.
Review or cause the review of the application in light of its conformity with Chapters 505 and 510 of the Municipal Code of the City of Dardenne Prairie, recognized industry standards for structural safety, capacity, reliability, and engineering, and consistency with Sections 67.5090 to 67.5103, RSMo., and Sections 405.481 and 405.482 of this Chapter.
(1)
An application is deemed to be complete unless the Zoning Administrator notifies the applicant in writing, within fifteen (15) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete.
(2)
Upon receipt of a timely written notice that an application is deficient, an applicant may take fifteen (15) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within said period of fifteen (15) calendar days, the application shall be reviewed and processed within forty-five (45) calendar days from the initial date the application was received. If the applicant requires a period of time beyond fifteen (15) calendar days to cure the specific deficiencies, the forty-five-calendar-day deadline for the City to review the application shall be extended by the same period of time.
(3)
The Administrative Officer may impose conditions on the Wireless Facilities Permit to insure that the application conforms with building permit requirements in Title V of the Municipal Code of the City of Dardenne Prairie, Chapter 510 of the Municipal Code of the City of Dardenne Prairie, recognized industry standards for structural safety, capacity, reliability, and engineering, and is consistent with Sections 67.5090 to 67.5103, RSMo.
b.
Make its final decision to approve or disapprove the application.
c.
Advise the applicant in writing of its final decision.
5.
If the Zoning Administrator fails to act on an application for a Wireless Facilities Permit within the forty-five-calendar-day review period specified in Subsection (B)(4) of this Section, the application shall be deemed approved.
6.
A party aggrieved by the final action of the Zoning Administrator, either by the Zoning Administrator affirmatively denying an application under the provisions of this Section or by the Zoning Administrator's inaction, may bring an action for review in any court of competent jurisdiction within the State of Missouri.