A.

Provide for the appropriate location and development of telecommunications facilities and systems to better serve the citizens and businesses of the City of Des Peres and the metropolitan St. Louis area;

B.

Encourage placement of new telecommunication facilities on publicly owned land or similar lands owned by not-for-profit entities to maximize the benefits to the community which must also endure the aesthetic impact of placement of such towers within the community;

C.

Minimize adverse visual impacts of antennae and antenna support structures through the careful design, siting, landscape screening and innovative camouflaging techniques;

D.

Maximize the use of existing and new antenna support structures through co-location so as to minimize the need to construct new or additional facilities;

E.

Maximize and encourage the use of disguised support structures so as to ensure the architectural integrity of designated areas within the city and the scenic quality of protected natural habitats; and

F.

Comply with the restrictions imposed upon cities under the Telecommunications Act of 1996.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

As used in this section, the following terms shall have the following meanings:

Antenna: Any device or array that transmits and/or receives electromagnetic signals for voice, data or video communication purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications, but excluding satellite earth stations less than six (6) feet in diameter, any receive-only home television antennae and any antenna supported by a structure not greater than sixty-two (62) feet in height which is owned and operated by an amateur radio operator licensed by the FCC.

Antenna Support Structure: Any structure designed and constructed for the support of antennae, including any tower or disguised support structure, but excluding those support structures not greater than sixty-two (62) feet in height owned and operated by an amateur radio operator licensed by the FCC. For purposes of this section the term antenna support structure shall also include any related and necessary cabinet or shelter.

Building: A structure, other than a single-family residence, not constructed primarily for the support of antenna but which may be utilized for such purpose in accordance with this section.

Cabinet: A casing or console, not to include a shelter, used for the protection and security of communications equipment associated with one or more antennas, where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.

Co-Use: The location and use of two (2) or more antennae on a single antenna supporting structure.

Director: The Director of Public Works of the City of Des Peres, Missouri, or his/her designee.

Disguised Support Structure: Any freestanding, manmade structure designed for the support of antennae, 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.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Freestanding Tower: A tower designed and constructed to stand alone on its own foundation and free of architectural or supporting frames or attachments, including but not limited to self-supporting (lattice) towers and monopoles.

Height: 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.

Shelter: A building for the protection and security of communications equipment associated with one or more antennae where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennae is prohibited.

Standard Outdoor Advertising Structures: 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.

Tower: A structure designed for the support of one or more antennae, including self-supporting (lattice) towers, monopoles or other freestanding towers, or guyed towers, but not disguised support structures or buildings. This term shall exclude those support structures not greater than sixty-two (62) feet in height owned and operated by an amateur radio operator licensed by the FCC.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

Antennae or towers may be constructed, repaired or modified upon receipt an appropriate building permit issued by the Director of Public Works which meets the following criteria:

A.

The attachment of additional antenna or the replacement of antenna to any tower or the addition or replacement of antenna equipment cabinets existing on the effective date of this ordinance or subsequently approved in accordance with these regulations provided that additional antenna cabinets are located within the existing antenna support site.

B.

The mounting of antenna in or on any existing building or structure provided that the height of the antenna does not exceed twenty (20) feet from its mounting and that such use is not otherwise prohibited by ordinance.

C.

The installation of the antenna or tower is located on land owned by the City of Des Peres and subject to approval of a lease agreement by the Board of Aldermen.

D.

The installation or mounting of antennae on any existing high voltage utility towers located in any commercial zoning district of the city provided that the installation is in compliance with design criteria provided in this Code.

E.

The installation of stealth antenna as a part of a building or structure, including church steeple, building cupola or flagpole, which building or structure is otherwise allowed by code in the district in which located and all related equipment is contained within the building, placed underground or contained within cabinets as defined herein.

F.

Co-location of additional antennae on a tower for which a conditional use permit has been granted by the Board of Aldermen in accordance with the provisions of this Code.

G.

The placement of dual polar panel antennas on wooden or steel utility poles not to exceed a total height of forty (40) feet including provided that all related equipment is contained within a cabinet which is not placed within the right-of-way of any street or highway.

H.

The maintenance, without alteration of the size or height, of any antenna support structures existing on the date of enactment of this ordinance.

In granting a building permit for construction, alteration or modification of an antenna or tower permitted under this section, the Director of Public Works may require placement of landscaping or attach other conditions consistent with the intention of this section. In the event the Director shall refuse to issue said permit due to noncompliance with the provisions of this Code, said decision is subject to the Planning and Zoning Commission.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

All antenna and telecommunication towers installed, built or otherwise modified after the date of this ordinance not expressly permitted in subsection C. herein, shall require a conditional use permit issued in accordance with the procedures contained in Chapter 408, Section 408.015, Conditional Use Permits: Commercial Use and Section 408.020, Conditional Use Permits: Residential Area of the Municipal Code.

Review of an application shall be completed within applicable time limitations including those pertaining to proposed wireless communications facilities and support structures under state and federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090 et seq and 67.5110 et seq. RSMo and 47 CFR 1.40001 and 1.6003.

A conditional use permit shall be required for construction or modification of the following antennae or towers:

A.

All freestanding towers constructed after the effective date of this ordinance located within any zoning district of the city.

B.

The installation or mounting of antenna on any existing high voltage utility towers located in any residential zoning district of the city.

C.

Any towers, freestanding or otherwise, where the combined height of the tower and antenna exceeds one hundred (100) feet in height.

D.

For construction of a shelter, in lieu of cabinets or underground storage facilities, for protection and storage of communications equipment associated with one or more antennae.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2834, § 4, 4-8-19)

A.

No freestanding towers shall be permitted in residentially-zoned districts absent a determination of necessity by the Board of Aldermen in accordance with Section 416.050, J. herein.

B.

No towers, freestanding or otherwise, where the combined height of the tower and antenna exceeds one hundred (100) feet from ground level at the base of the tower or grade plane of the building upon which it is located absent a determination of necessity by the Board of Aldermen in accordance with Section 416.050, J. herein.

C.

Guyed towers are prohibited absent a determination of necessity by the Board of Aldermen as provided in Section 416.050, J. herein.

D.

Utilization of shelters in lieu of cabinets or underground facilities for housing of related equipment for antenna or towers located within residential zoning districts.

E.

Unless a disguised support structure is in the form of a standard outdoor advertising structure, the placement of advertising or signs on antenna support structures is prohibited.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

The general criteria and preferences for granting permits under this section same and the regulations governing antenna support structures shall be as follows:

A.

Building Codes and Safety Standards. All antennae and antenna support structures shall meet or exceed the standards and regulations contained in applicable state and local building and electrical codes as well as the applicable standards published by the Electronics Industries Association, as amended from time to time.

B.

Regulatory Compliance. All antennae and antenna 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 antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devises and structure 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.

C.

Security. All antennae and antenna support structures shall be protected from unauthorized access by appropriate security devises. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of any permit as deemed necessary by the Director of Public Works or the Board of Aldermen.

D.

System Design. Prior to the issuance of any permit, the applicant shall demonstrate how the proposed site fits into the applicant's overall telecommunications network in the St. Louis County area.

E.

Lighting. Antennae support structures shall not be lighted unless required by the FAA or other federal or state agencies with authority to regulate, in which case, a description of the required lighting scheme will be made a part of the application for conditional use permit.

F.

Design.

1.

Use of antenna support structures and buildings are preferred, as are locations wherein the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

2.

Antennas and antenna support structures should be architecturally and visually compatible with surrounding existing buildings, structures, vegetation and/or uses in the area or those likely to exist under the regulations of the underlying zoning district.

3.

Antenna support structures, except disguised support structures, shall maintain a galvanized steel finish or, subject to the requirements of the city or the FAA, FCC or any applicable federal or state agency, be painted a neutral color consistent with the natural or built environment of the site.

4.

Cabinets 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.

5.

Antennae mounted on buildings should be made to appear as unobtrusive as possible by location of said antenna as far away as feasible from the edge of the building and by painting them a color consistent with the natural or building backdrop of the antenna.

6.

Towers 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 (2½) 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 (6) 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.

G.

Location and Setback.

1.

Generally, sites in the non-residentially-zoned areas of the city are preferred. Further, the city prefers placement of new towers or antennae on-sites which allow for the benefit of lease payments to accrue to the community as a whole by placement of said towers on publicly-owned land or other sites owned by churches, schools or other notprofit [nonprofit] entities.

2.

No antenna support structures, excluding disguised support structures, shall be located within one-half mile of another, preexisting antenna support structure absent a determination of necessity by the Board of Aldermen in accordance with Section 416.050, J. of this Code. The distance between such structures is to be measured from the center of the base of the existing structure to the center of the base of the proposed structure.

3.

Antenna support structures, except disguised support structures, shall not be located within two hundred (200) feet of any residential structure.

4.

All towers shall be separated from any residential structure a distance equal to the height of the tower. Towers 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 tower may be placed on residentially-zoned property closer to any residential structures on adjoining properties than the distance from the tower to the principal structure located on the lot on which the tower is located.

H.

Height. Antenna support structures shall not exceed a height of one hundred (100) feet in any of the city's zoning districts, unless a different height is authorized to facilitate co-location of additional antennae upon a determination of necessity by the Board of Aldermen under Section 416.050, J. herein.

I.

Antennae located on buildings or other antenna support structures shall not exceed twenty (20) feet in height from the top of the structure to which attached absent a finding of necessity by the Board of Aldermen under Section 405.014 J. herein.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

It is the desire of the city that any new towers or antenna support structures be designed to allow for co-use in order to minimize the number of such towers required in the community. Prior to the issuance of any conditional use permit the applicant shall:

A.

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.

Furnish an inventory of all known antenna support structures and potential building sites located within one-half mile of the proposed structure site, identifying the owner of same as well as the antenna support structure's type and reference name or number, if applicable, and the street location, latitude and longitude, Height, type and mounting height of existing antennae and an assessment of available space for the placement of additional antennae, shelters and/or cabinets.

C.

The applicant shall further demonstrate that he or she has requested co-use of each existing building or antenna support structure from the owner thereof and/or shall indicate why such co-use is inappropriate or was otherwise not allowed.

D.

Antenna support structures may be constructed or modified so as to exceed the height limitations provided in [sub]section F.8. herein to accommodate co-use. An applicant may request an extension of twenty (20) additional feet per co-user, whether actual or anticipated, up to a limit of forty (40) additional feet. 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.

E.

In the event that a conditional use permit is granted for the construction of a new antenna support structure, the applicant shall notify in writing any other known potential service providers in that area that the structure will be available for co-use. Said notices shall issue on or before the day on which the applicant submits to the city an application for building permit for the structure. The notice shall allow potential co-users thirty (30) days within which to express any interest in co-use, during which time the applicant shall not commit to a design for the structure which precludes co-use, and the city shall not issue a building permit until such time has expired.

F.

Any new tower constructed at a height in excess of sixty-two (62) feet above ground level shall be designed and constructed to accommodate at least one (1) additional user unless a larger number is indicated by the city.

G.

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 conditional use permit, and/or the withholding of future similar permits to the applicant.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

If a guyed tower is authorized by the Board of Aldermen pursuant to subsection E.4. herein, its ground anchors shall be located on the same parcel as the tower and such anchors shall meet the setbacks required for accessory buildings within the zoning district.

B.

Vehicle or outdoor storage on the site of any antenna support structure is prohibited.

C.

On-site parking for periodic maintenance and service shall be provided at all locations of antenna support structures.

D.

Any antenna support structure no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users 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 support structure and any related facilities. In the case of co-use, this provision shall not become effective until all users cease operations. Any antenna 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.

E.

Prior to the issuance of a building or conditional use permit, the city may require indemnification and bonding as the city deems appropriate.

F.

Prior to the issuance of a building or conditional use permit, the city may require submittal of easement documents, lease agreements or other documentation of evidence of the right to utilize said property for location of telecommunication facilities.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

In addition to other determinations required by the Zoning Code for issuance of conditional use permits, the Board of Aldermen shall state findings and conclusions on the following prior to issuance of a conditional use permit for telecommunication towers or support structures:

A.

That the proposed antenna is necessary to meet the applicant's system engineering requirements.

B.

If the proposed antenna support structure is not within a potential antenna site area designated by the Telecommunications Master Plan, the reasons why such structure cannot be located within such an area.

C.

If the proposed antenna support structure is new, the limiting conditions that render existing towers, structures or buildings unsuitable.

D.

If the proposed tower or antenna is within one-half mile of another antenna support structure, the reasons why co-location is unsuitable or impractical.

E.

That the design of the tower or structure, including antenna, shelter and ground layout, maximally reduces visual degradation and otherwise complies with the intent of this ordinance.

F.

The proposal minimizes the number and size of towers or structures that will be required in the geographic area surrounding the proposed site.

G.

Whether the fees, costs, or other contractual terms required by an owner to lease, modify or otherwise provide for co-use on an existing and suitable antenna support structure or building are reasonable. Costs exceeding that of a new antenna support structure are presumed unreasonable.

If the Board of Aldermen determines that an application meets the criteria established herein and is otherwise is in accordance with this section, the Board shall grant a conditional use permit, subject to whatever conditions the Board deems appropriate.

The Board may determine that, although an application does not meet the strict requirements of the criteria and preferences established herein, the general purpose and intent of said criteria and preferences are not offended because of the particular circumstances presented. If such a determination is made, the Board may vary the application of the criteria and preferences and grant a conditional use permit, subject to whatever conditions the Board deems appropriate.

Any decision by the Board of Aldermen to deny a conditional use permit shall be in writing, based upon the evidence adduced, and shall make specific findings of fact consistent with the criteria, preferences and considerations established herein.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

The Board of Aldermen, upon a determination of necessity that strict application of the criteria and preferences contained herein would effectively preclude the applicant's reception and/or transmission of signals and that the applicant's proposed location and height are a matter of absolute engineering and economic necessity in order to ensure the completion of the applicant's network, may allow facilities not in strict conformance with the Telecommunications Master Plan or other provisions of this Code relating to spacing, height and co-location.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)