Ellisville City Zoning Code
ARTICLE IX
Antennas and Antenna Support Structures
Section 400.500 Purposes.
[R.O. 2005 §30-80; Ord. No. 2848 §5(A), 10-15-2007; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
The general purpose of this Article is to regulate the placement, construction and modification of telecommunications towers, support structures and antennas in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Ellisville. Specifically, this Article is intended:
1.
To provide for the appropriate location and development of antennas and antenna support structures to serve the citizens and businesses of the City of Ellisville;
2.
To minimize adverse visual impacts of communications antennas and support structure through the careful design, siting, landscape screening and innovative camouflaging techniques;
3.
To maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;
4.
To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
5.
To ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community to the extent possible; and
6.
To ensure that regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services and does not unreasonable discriminate among functionally equivalent providers of such service.
Section 400.510 Definitions.
[R.O. 2005 §30-81; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
Definitions. As used in this Article, the below terms shall have the following meanings:
Shall mean the mounting of a proposed wireless facility on a wireless support structure, which, as applied to the structure as it was originally constructed:
Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable); or
Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
Means the placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.
Includes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.
Section 400.520 Applicability.
[R.O. 2005 §30-82; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City of Ellisville, are subject to this Article.
B.
A conditional use permit approved pursuant to Sections 400.150 and 400.550 of this Chapter shall be required for any proposal to operate, install, build, alter, expand, or to make a substantial modification to a tower, antenna support structure or telecommunications facility in the City of Ellisville.
C.
Non-Substantial Modification. Collocations, replacements, and modifications that are not "substantial modifications" as defined in Section 400.510 of this Article shall not require a conditional use permit, and may be authorized upon the issuance of a building permit in accordance with Section 400.540 of this Chapter.
D.
Exception. However, this Article shall not apply to: (i) tower structures used or to be used solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission; or (ii) to antennas used solely for private telecommunications services when the equipment is located on the premises of the entity using said private telecommunication services, or the antennas, support structure or masts are located on the business premises of a provider of communications services and the antennas are used to monitor the provider's services and the equipment used by the broadcaster, private telecommunicator, or provider is in compliance with any Federal, State or local laws and does not encroach on the public rights-of-way.
E.
Except as provided in this Article, any current legal use being made of an existing tower or antenna support structure on the effective date of this Article (herein "non-conforming structures") shall be allowed to continue, even if in conflict with the terms of this Article. Any tower site that has received City approval in the form of either a conditional use permit or building permit, but has not yet been constructed or located, shall be considered a non-conforming structure so long as such approval is current and not expired.
Section 400.530 General Requirement.
[R.O. 2005 §30-84; Ord. No. 2450 §1, 8-15-2001; Ord. No. 2514 §2, 7-17-2002; Ord. No. 3317 § 1, 3-15-2017; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
The requirements set forth in this Section shall be applicable to all towers, antennas and other support structures installed, built or modified after the effective date of this Article to the full extent permitted by law, irrespective of whether a conditional use permit is required by this Article. An existing non-conforming tower may make modifications that do not constitute substantial modifications without losing their non-conforming status.
1.
Principal Or Incidental Use. Antennas and support structures may be either a principal use in all non-residential zoning districts or an incidental use to existing multiple-family, institutional or non-residential uses, subject to any applicable district requirement. Antennas and support structures are not permitted in the "OS" Open Space Single-Family Residential Zoning District, the "R-1" Single-Family Residential Zoning District, the "R-2" Planned Residential Zoning District, the "R-3" Residential District, the "R-4A" Residential District, or the "R-4B" Residential District.
2.
(Reserved)
3.
Building Codes, Safety Standards And Zoning Compliance. To ensure the structural integrity of antenna support structures, the applicant shall see that towers, antennas, and/or support structures are constructed and maintained in compliance with all standards contained in applicable State and local building codes and the applicable standards published by the Electronics Industries Association. In addition to any other approvals required by this Article, no antenna, tower or support structure shall be installed, erected, altered, modified, replaced or expanded prior to issuance of a building permit.
4.
Regulatory Compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other State or Federal agency with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, then the applicant 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 Article shall be granted for any applicant having an uncured violation of this Article or any other governmental regulatory requirement related to such antenna or structures within the City.
5.
Security. All antennas 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. For applications requiring a conditional use permit, additional measures may be deemed necessary by the Council and made part of the conditional use permit.
6.
Lighting And Landscaping. 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, no antenna, tower or support structure shall be lighted unless specifically set out in the permit. Equipment cabinets and shelters may have lighting only as approved on the approved site plan. Lighting shall comply with the applicable provisions of Sections 400.492 and 400.493 of this Chapter.
a.
For towers and support structures, the applicant shall submit a lighting and landscape plan depicting the landscaping, lighting and masonry around the proposed tower or support structure to ensure that the structure will be aesthetically compatible with its surroundings and the aesthetic standards of the community and neighboring property. Such plans shall be reviewed by both the City's Director and third-party landscape architect. They shall take into consideration the nature of the location, the impact on surrounding properties, the safety and security of the proposed tower or support structure and the relative cost of the landscaping, lighting and masonry to the applicant in relationship to the overall impact upon the property values in the immediate area which would be caused by a lack of such landscaping, lighting and masonry for the proposed tower or support structure. All approved lighting and landscaping plans shall be made a part of the application.
(1)
A performance bond, cash escrow or other instrument acceptable to the City's Attorney shall be posted prior to the issuance of any building permit with the City to guarantee the installation and continued care of all lighting, landscaping, masonry and all other improvements, including, but not limited to, flags. Said instrument shall be deposited with the City Clerk; the amount of such instrument to be determined and approved by the City Planner. Said instrument shall be held by the City for a term of not less than five (5) years and may subsequently be released on replacement with a maintenance agreement approved by the City identifying such persons or entity responsible for continued care for the term of operation of such facility.
(2)
In the case of a "flagpole" type disguised support structure, no permit shall be issued for the construction thereof until a maintenance agreement has been submitted to and approved by the City for the appropriate care of any flag(s) approved on said support structure. This provision shall also apply to any such existing disguised support structure wherein application is submitted for any addition, alteration or modification thereof, including any ground base equipment associated therewith.
(3)
United States flags which are no longer fitting emblems for display, which includes, but is not limited to, torn, soiled, damaged, worn, tattered, frayed or faded, shall promptly be repaired or replaced. Any person or business having been notified by the City to repair/replace any such flag shall comply immediately after such service or be subject to a fine not to exceed five hundred dollars ($500.00) each day of non-compliance.
b.
No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any tower or support structure unless required by the FAA or other agency. No flashing, intermittent or moving light or lights will be permitted.
c.
External lighting, such as floodlights, may be permitted; provided, the light source is directed upon the tower or support structure and is effectively shielded so as to prevent beams or rays of light from being directed onto adjacent residential property.
d.
The maximum average lighting intensity level for towers or support structures shall be specifically set out in the permit.
7.
Advertising. Unless a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this Article is prohibited.
8.
Structural Regulations.
a.
Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable State or Federal agency, 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.
Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the City.
d.
Antennas 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.
e.
All towers shall be surrounded by a minimum six (6) foot high sightproof decorative wall of "masonry construction" as defined in Section 400.090, 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.
f.
All towers shall be set back from all yard lines at least one (1) foot for each foot of height; provided that this setback requirement may be reduced if the applicant demonstrates to the City that the tower has been engineered to, if damaged, topple or fall in a manner that will not endanger nearby structures. Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel on which it is located.
g.
Ground anchors of all guyed towers, if permitted, shall be located on the same parcel as the tower and meet the setbacks of the applicable zoning district.
h.
Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.
i.
On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
j.
No tower or disguised support structure 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 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.
9.
Time Limits. All applications under this Article shall be processed in accordance with the time limits established by Sections 67.5090 through 67.5103, RSMo., or, if applicable Sections 67.5110 through 67.5125, RSMo.
10.
Fees. Fees for applications under this Article shall not exceed the limits established by Sections 67.5090 through 67.5103, RSMo., or, if applicable Sections 67.5110 through 67.5125, RSMo.
Section 400.540 Requests For Collocation, Non-Substantial Modifications, Or Replacement. [1]
[Ord. No. 3573, 5-1-2024]
A.
All requests for collocation or replacement of transmission equipment, or modifications that do not qualify as substantial modifications, shall require a building permit, and shall be reviewed by the City Planner.
1.
Within forty-five (45) days of receipt of the request, the City Planner shall notify the applicant, in writing, whether the request is approved or denied.
2.
The City Planner shall approve the request within forty-five (45) days of receipt of the request, unless the City Planner determines that the application is deficient or does not comply with applicable building permit requirements.
3.
The application shall be deemed complete unless the City Planner notifies the applicant, in writing, within fifteen (15) days of submission, of the specific deficiencies in the application which, if cured, would make the application complete. 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.
4.
If the applicant cures the deficiencies within 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 (45) calendar days' deadline for review shall be extended by the same period of time.
5.
If the City Planner fails to approve or deny the request within the forty-five-day review period, accounting for all periods of tolling, the request shall be deemed granted.
6.
Upon approval pursuant to this Section, no Architectural Review Board approval shall be required.
7.
Historic Structures. No permit may be issued for collocation to a certified historic structure as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the City within thirty (30) days prior to issuance. The City shall post public notice of such hearing in a prominent location at City Hall at least fifteen (15) days in advance of such hearing and shall provide written notice to all property owners within the City limits whose property lies within three hundred (300) feet of the parcel for which an application has been submitted.
B.
Collocation and replacement applications shall be required to comply with all applicable State and local building codes, National Electric Safety Code, recognized industry standards for structural safety, capacity, reliability, and engineering, but shall not be required to comply with other zoning or land use requirements, including design or placement requirements or public hearing review.
[1]
Editor’s Note: Former Section 400.540, Permitted Uses, was repealed 3-15-2017 by § 2 of Ord. No. 3317.
Section 400.550 New Antennas, Support Structures And Substantial Modifications - Conditional Use Permit Required.
[R.O. 2005 §30-86; Ord. No. 2450 §1, 8-15-2001; Ord. No. 3222 §1, 7-15-2015; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
Applications for conditional use permits shall be filed and processed subject to and in the manner and time frame as established in Section 400.150, unless a different time frame is required by Section 67.5090, RSMo., et seq. A decision by the Council 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(s) by the applicant or others.
B.
Findings Required. For those applications which require a conditional use permit, in addition to the determinations or limitations specified herein and by Section 400.150 for the consideration of conditional use permits, the Council shall also base its decision upon and shall make findings as to the existence of the following conditions:
1.
The design of the tower or structure, including the antennas, shelter and ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of the Article. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.
2.
The proposal minimizes the size of towers or structures that will be required in the area.
If any one (1), but not more than one (1), of the above is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Article.
C.
Shared Use Opportunities.
1.
Prior to the issuance of any conditional use permit for any antenna, tower or disguised support structure existing on the effective date of this Article, or for a substantial modification to any of the foregoing, the applicant shall provide to the City a written and notarized agreement committing to make said antenna, tower or disguised support structure available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of an antenna, tower or disguised support structure applicant to agree to shared use or to negotiate in good faith with potential users shall be cause for the withholding of future conditional use permits to the same applicant.
2.
Prior to the issuance of any conditional use permit for any new tower, support structure, or disguised support structure, or for a substantial modification to any of the foregoing, the applicant shall furnish the Director a statement affirming that applicant conducted an analysis of available collocation opportunities on existing wireless towers within the search ring defined by the applicant.
3.
Any new tower approved at a height of sixty (60) feet AGL or higher shall be designed and constructed to accommodate at least one (1) additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by Subdivision (C)(1) shall be submitted by the tower applicant. The willful and knowing failure of the applicant for a tower built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future conditional use permits to the same applicant.
D.
Prior to the issuance of conditional use permit, the City shall require an applicant proposing to construct a new wireless support structure, or to make a substantial modification to a wireless support structure, to include a copy of a lease, letter of authorization, or other agreement from the property owner evidencing applicant's right to pursue the application, and shall require such applicant to comply with all applicable permitting and land use ordinances of the City. Any decision denying such application shall be provided, in writing, to the applicant.
Section 400.560 Exterior Finish Requirements.
[R.O. 2005 §30-87; Ord. No. 2450 §1, 8-15-2001; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
To the extent permitted by law, all towers, shelters, disguised support structures, including any substantial modifications thereto, or any other proposed equipment placed on-site and/or associated with the use shall also be approved by the Architectural Review Board.
B.
The appearance, design and all construction materials must be approved by a majority vote of the Architectural Review Board. Presentations shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance and design of the finished product as well as its durability as to construction.
C.
Applications for collocation, replacement, or modifications that are not "substantial modifications" as defined in this Article, shall not be required to be approved by the Architectural Review Board.
Section 400.570 Permit Compliance.
[R.O. 2005 §30-88; Ord. No. 2450 §1, 8-15-2001; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
Certification; Inspections; Insurance. By applying for a permit to operate, install, build or modify any antenna, tower or support structure, an applicant grants the City authority to enter onto its property to inspect the antenna, tower or support structure for the purpose of determining whether it complies with the applicable State law and all other construction standards provided by the Code, Federal and State law. The City reserves the right to conduct such inspections at any time. Every applicant shall provide a certificate of liability insurance for no less than three hundred thousand dollars ($300,000.00) coverage for injury to persons or property as a result of any antenna, tower or support structure failure or malfunction or defect. All applicants or owners shall list the City as a party who must be notified should this insurance be canceled or discontinued for any reason thirty (30) days before the expiration of coverage. All applicants issued a permit by the City to operate, install, build or modify any antenna, tower or support structure shall, prior to commencing operation or use of such antenna, tower or support structure, provide to the City a written certification that the antenna, tower or support structure is structurally sound and conforms to the requirements of the applicable State law and all other construction standards set forth by the City Code, Federal and State law.
B.
All applicants with permits or owners of antenna, tower or support structure in existence on the effective date of this Article shall, upon the request of City staff, submit a statement that said antenna, tower or support structure is free from hazards and that the antenna, tower or support structure does not pose an imminent threat to the surrounding area or public health and safety within fifteen (15) days of such request. City staff may also request that every applicant or owner shall provide proof of the insurance certificate required in Subsection (A) of this Section. City staff may request applicants and owners to submit the information herein not more than once per year.
C.
Discontinuance/Sale. In the event the permitted use of an antenna, tower or support structure is discontinued, sold, transferred, leased or assigned by the applicant or owner, written notice shall be provided to the City of applicant's or owner's said intent.
Section 400.580 Revocation Of Permit.
[R.O. 2005 §30-89; Ord. No. 2450 §1, 8-15-2001; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
The City may at any time revoke a permit for failure to comply with the provisions of this Article and/or Code. To properly revoke a permit, the City must comply with the procedures set forth below.
1.
The Director shall provide the applicant with written notice of a cause for revocation and the intent to revoke and shall allow applicant sixty (60) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with this Article. Together with the notice required herein, the Director shall provide applicant with written findings of fact which are the basis of the revocation.
2.
The City shall provide the applicant with the right to a public hearing before the Council, which public hearing shall follow the sixty (60) days' notice required in Subsection (A)(1). All interested parties shall be allowed an opportunity to be heard at the public hearing and present evidence.
3.
After the public hearing, the Council shall, within thirty (30) days after the public hearing date, issue a written order setting forth its findings of fact and conclusions of law forming the basis for its decision.
4.
Upon written determination by the Council to revoke a permit, the applicant may appeal the decision to a court of competent jurisdiction pursuant to Chapter 536, RSMo.
5.
Upon satisfactory correction by applicant of the violation upon which said notice was given as determined in the Director's sole discretion, the initial notice shall become void.
6.
Upon applicant's failure to correct a violation as found by the Council, the City Manager or his/her designee may issue an order to disconnect utilities to said antenna, tower or support structure to any utility company providing same. Said order shall not be issued prior to thirty (30) days from the date of the Council's written determination. Said order shall be served upon the Chief Executive Officer thereof, together with the applicant at the last known address, and have attached to it the findings of the Council.
Section 400.590 (Reserved) [1]
[1]
Editor's Note: Former Section 400.590, Transfer Of Permit, which derived from R.O. 2005 §30-90; Ord. No. 2450; and Ord. No. 3552, was repealed by Ord. No. 3573, 5-1-2024.
Section 400.600 Abandonment Of Tower.
[R.O. 2005 §30-91; Ord. No. 2450 §1, 8-15-2001; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
Abandonment Of Antenna, Tower Or Support Structure. In the event the use of any antenna, tower or support structure has been discontinued for a period of one (1) year or in the event that an applicant has taken no action within one hundred eighty (180) days after the revocation of an antenna, tower or support structure permit pursuant to Section 400.580, such antenna, tower or support structure shall be deemed abandoned.
B.
The City shall provide the antenna, tower or support structure owner three (3) months' notice and an opportunity to be heard before the Council before initiating such action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the antenna, tower or support structure and any appurtenances attached thereto at the then fair market value, to approve the sale of the antenna, tower or support structure to a third party or, in the alternative, order the demolition of the antenna, tower or support structure and all appurtenances.
C.
The City shall provide the antenna, tower or support structure owner with the right to a public hearing before the Council, which public hearing shall follow the three (3) month notice required in Subsection (B). All interested parties shall be allowed an opportunity to be heard at the public hearing.
Section 400.610 Location Of Towers On City-Owned Property.
[R.O. 2005 §30-93; Ord. No. 2450 §1, 8-15-2001; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
In addition to the requirement to obtain a conditional use permit, the City Manager or his/her designee may authorize any person to locate a tower, disguised support structure or antenna support structure on publicly owned property and subject to the terms and conditions of any lease agreement executed between the City and such person.
Section 400.620 Miscellaneous.
[R.O. 2005 §30-94; Ord. No. 2450 §1, 8-15-2001; Ord. No. 3552, 6-21-2023; Ord. No. 3573, 5-1-2024]
A.
Dangerous Structures. Should the City have to take action under the Code provisions to remove a dangerous structure or abate a nuisance or health hazard, then a tax bill may be assessed in the same manner as for a building that is demolished or for the abatement of a nuisance.
B.
Non-Waiver. Nothing in this Article shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this Article.
C.
Commercial Operation Of Unlawful Tower Or Antennas. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new antenna, tower or disguised support structure in violation of any provision of this Article, regardless of whether such antenna or structure is located on land owned by a governmental entity.