Desloge City Zoning Code
ARTICLE XVII
Telecommunications Towers
Section 405.195 Telecommunications Towers.
[R.O. 2001 § 405.195; Ord. No. 2006.19 § 1, 6-12-2006]
A.
The requirements set forth in this Section shall be applicable to all towers, antennae and other support structures installed, built or modified after the effective date of this Chapter to the full extent permitted by law.
1.
Principal or incidental use. Antennae and support structures may be either a principal use in all zoning districts or an incidental use to institutional or non-residential uses, subject to any applicable district requirement relating to minimum yards or setbacks.
2.
Regulatory compliance. All antennae and support structures shall meet or exceed current standards and regulations of the ICC, FAA, FCC and any other State or Federal agency with the authority to regulate communications antennae and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City.
3.
Security. All antennae and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennae or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the administrative officer or by the Planning and Zoning Commission in the case of a conditional use permit.
4.
Lighting. Antennae and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennae or support structure. Equipment cabinets and shelters may have lighting only as approved by the administrative officer on the approved site plan.
5.
Advertising. Except for a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this Section is prohibited.
6.
Design.
a.
Subject to the requirements of the FAA or any applicable State or Federal agency, towers shall be painted a neutral color consistent with the natural or built environment of the site.
b.
Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.
c.
Antennae attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.
d.
All towers shall be surrounded by a minimum six (6) foot high decorative wall constructed of brick, stone or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials, which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the administrative officer in the case of use permitted by administrative permit or by the Planning and Zoning Commission in the case of a conditional use permit upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
e.
All towers, disguised support structures and related structures, fences and walls shall be separated from the property line of any adjacent property zoned for a residential use at least a distance equal to the height of the tower and shall be separated from all other adjacent property lines at least a distance equal to one-half (1/2) of the height of the tower or structure.
f.
Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.
g.
On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
7.
Shared use.
a.
Existing towers. Prior to the issuance of any permit to alter or modify any tower existing on the effective date of this Article, the owner shall provide to the City a written and notarized agreement committing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the City.
b.
Shared use required — new towers. Any new tower approved at a height of sixty (60) feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one (1) additional user. A written agreement committing to shared use as required by Subsection (A)(7)(a). shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall be a violation of this Article and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the City.
8.
Permitted uses. The placement of antennae and towers are permitted in all zoning districts only as follows:
a.
The attachment of additional or replacement of antennae or shelters to any tower existing on the effective date of this Article or subsequently approved in accordance with these regulations, provided that additional equipment shelters or cabinets are located within the existing tower compound area.
b.
The mounting of antennae on any existing building or structure, such as a water tower, provided that the presence of the antennas is concealed by architectural elements or fully camouflaged by painting a color identical surface to which they are attached.
c.
The mounting of antennae on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet.
d.
The installation of antennae or the construction of a tower or support structure on buildings or land owned by the City following the approval of a lease agreement by the Board of Aldermen.
9.
Authorization by administrative permit. The placement of antennae and towers are permitted in all zoning districts by administrative permit approved by the zoning administration only as follows:
a.
The attachment of additional or replacement antennae or shelters to any tower existing on the effective date of this Article or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area as long as all other requirements of this Section and the underlying zoning district are met.
b.
The one time replacement of any tower existing on the effective date of this Article or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower may be replaced by a monopole. If the guyed or lattice tower to be replaced is one hundred eighty (180) feet or less in height, it shall only be replaced with a monopole. The height of the new tower may exceed that of the original by not more than twenty (20) feet. Subsequent replacements shall require the approval of a conditional use permit.
c.
The construction of a disguised support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses. Equipment may be placed in a cabinet if the disguised support structure is incidental to an industrial, commercial, institutional or other non-residential use.
d.
The placement of dual polar panel antennae on wooden or steel functioning utility poles not to exceed forty (40) feet in height in any residentially zoned district and on any such poles (or functional replacement poles of no greater height) existing in any other district on the date of adoption of this Article. All related equipment for antennae permitted by this Subsection shall be wholly contained in a cabinet.
e.
Towers erected and maintained for a period not to exceed forty-five (45) days for the purpose of replacing an existing tower, testing an existing or proposed network or special events requiring mobile towers.
10.
Application procedures. Applications for administrative permits shall be made on the appropriate forms to the administrative officer and accompanied by payment of five hundred dollars ($500.00) or such other fee as may be established by the Board of Aldermen.
a.
A detailed site plan, based on a closed boundary surrey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkway, parking areas and other structures, public right-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features and the coordinates and height AGL of the existing or proposed tower.
b.
The application shall be reviewed by the zoning administration to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility
c.
The administrative officer shall issue a decision on the permit within forty-five (45) days of the date of application or the application shall be deemed approved unless the time period for review and action was extended. The administrative officer may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this Section. The administrative officer may consider the purposes of this Section and the factors established herein for granting a conditional use permit as well as any other considerations consistent with the Article. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
d.
Appeals. Appeals from the decision of the administrative officer shall be made in the same manner as otherwise provided for the appeal of administrative decisions.
11.
Conditional use permit required. All proposals to install, build or modify an antenna or support structure not permitted by an administrative permit as listed above shall require the approval of conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission, subject to the forthcoming limitations.
a.
Applications. Applications for conditional use permits shall be filed and processed subject to the requirements herein and those established in Article X. A decision by the Planning and Zoning Commission shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
b.
Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of an antenna or support structure pursuant to the City's permitted uses requirements or administrative permit requirements provided herein is not technologically or economically feasible. The Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
12.
Findings required. In addition to the conditional use permit requirements in Article X, the Planning and Zoning Commission shall also base its decision upon and shall make findings as to the existence of the following conditions:
a.
No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering:
b.
Applications for a new tower structure shall be considered only after a letter, certified by a radio frequency engineer, clearly demonstrates that the planned telecommunication equipment cannot be accommodated on an existing or approved transmission tower and clearly demonstrates one (1) or more of the following conditions:
(1)
Planned telecommunications equipment would exceed the structural capacity of an existing or approved transmission tower and the transmission tower cannot be reinforced to accommodate planned telecommunication equipment at a reasonable cost.
(2)
Planned telecommunications equipment will cause radio frequency interference with other existing or planned telecommunications equipment for that transmission tower and the interference cannot be prevented at a reasonable cost.
(3)
Existing or approved towers do not have space on which the planned telecommunications equipment can be placed so it can function effectively and at least in parity with other similar telecommunications equipment in place or approved by the City or St. Francois County.
(4)
Other reasons that make it impractical to place the telecommunications equipment planned by the applicant on an existing and approved transmission tower.
c.
No application for a new tower structure shall be considered unless the applicant is unable to lease or otherwise secure space on an existing or planned telecommunication tower.
(1)
Shared use of an existing or approved tower shall be conditioned upon the applicant's agreement to pay reasonable fees and costs associated with adapting existing facilities to the proposed use, including, but not limited to, reasonable costs for reinforcing or modifying a tower or structure, for preventing radio frequency interferences and other changes reasonably required to accommodate shared use.
(2)
The City may consider expert testimony to determine whether the fees and costs are reasonable.
(3)
Once the City finds that the telecommunications equipment proposed by the applicant cannot be accommodated on an existing or approved tower, each tower so found is presumed unable to accommodate similar equipment that may be proposed in the future, unless evidence is introduced to demonstrate otherwise.
d.
That the design of the tower or structure, including the antennae, shelter and ground layout maximally reduces visual degradation and otherwise complies with provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.
e.
That the proposal minimizes the number and/or size of towers or structures that will be required in the area.
f.
That the applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this Section.
g.
That no land owned by any agency of the Federal or State Government or by any political subdivision of the State is available for locating the structure or tower.
13.
Additional studies. The City may require, at the expense of the petitioner, any additional studies or the hiring of an external consultant to review exhibits and/or other requirements in accordance with this Section. If any one (1), but not more than one (1), of the first six (6) determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section.
14.
Additional height limitations. No tower shall be approved at a height exceeding one hundred fifty (150) feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. Such showing must also 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 limit or the reason why such alternatives are not viable.