Frontenac City Zoning Code
ARTICLE VIII
Telecomunications Facilities
Section 405.200 Telecommunications Facilities.
[Ord. No. 2012-1677 §2, 3-22-2012]
A.
Purposes. The purposes of this Section are to:
1.
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Frontenac;
2.
Minimize adverse visual impacts of antennas and antenna support structures through the careful design, siting, landscape screening and innovative camouflaging techniques;
3.
Maximize the use of existing and new antenna support structures so as to minimize the need to construct new or additional facilities;
4.
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.
B.
Administrative Permit.
1.
Permitted uses. Upon receipt of an appropriate building permit and an administrative permit as provided herein, the following are allowed without the issuance of a conditional use permit:
a.
The attachment of additional antennas to any antenna support structure existing on the effective date of this Section (March 22, 2012) or subsequently approved in accordance herewith, provided that the existing antenna support structure is not modified, to extend the height thereof or to expand the screened and landscaped area surrounding the existing shelter.
b.
The installation of antennas or the construction of towers or antenna support structures on buildings or land owned by the City of Frontenac in conjunction with the approval of a lease agreement by the Board of Aldermen.
c.
The placement of dual polar panel antennas on wooden or steel utility company owned poles not to exceed forty (40) feet in height provided that all related equipment is contained in a pole-mounted cabinet.
2.
Application procedures. Applications for administrative permits shall:
a.
Be filed on a building permit application subject to the submittal requirements for building permits including a site plan showing the location of the tower and all related construction documentation necessary to verify compliance with the adopted codes of the City and this Section.
b.
The application shall be reviewed by the Building Commissioner and Zoning Administrator to determine compliance with all applicable standards established in this Section. The Commissioner may request additional information from the applicant consistent with said standards.
C.
Conditional Use Permit.
1.
Generally. Applications for conditional use permits shall be filed, processed, reviewed and decided in the manner and time frame established for all other conditional use permits set forth in Section 405.140 of this Code, except as may be supplemented by this Section.
2.
Findings required. Before issuing a conditional use permit for any antenna support structure or building-mounted antenna, the Board of Aldermen shall consider and determine the following based upon the evidence submitted:
a.
Whether existing antenna support structures or buildings located within the geographic network meet the applicant's system engineering requirements.
b.
Whether such existing antenna support structures or buildings are of sufficient height to meet system engineering requirements.
c.
Whether such existing antenna support structures or buildings could be altered or modified to meet system engineering requirements or to support the applicant's proposed antenna(s).
d.
Whether the fees, costs, or other contractual terms required by an owner to lease, modify or otherwise provide for co-use on existing and suitable antenna support structures or buildings are unreasonable so as to make co-use of the existing facilities prohibitively uneconomic. Costs exceeding that of a new antenna support structure are presumed unreasonable.
e.
If it is determined that existing support structures are not capable of handling the proposed antenna, the applicant shall demonstrate:
(1)
Whether the proposed property has sufficient access and parking for maintenance vehicles and if screening of the parking area is needed.
(2)
Whether there is sufficient security and screening (fencing and landscaping) of the proposed tower base and related equipment.
(3)
Whether the proposed antenna would experience or cause signal interference with antennas on existing antenna support structures or buildings.
(4)
Whether provisions have been established to allow for at least two (2) additional co-user antennas on the proposed structure.
(5)
Whether there are other limiting conditions that render existing antenna support structures or buildings within the applicant's required geographic area unsuitable.
(6)
Whether the proposed antenna support structure can be located on land owned by the City of Frontenac.
(7)
That the proposed site is on a lot of at least five (5) acres used for institutional purposes and owned by a charitable institution or entity exempt from taxation under the U.S. Internal Revenue Code.
(8)
That the antenna support structure is not over one hundred forty (140) feet from grade. For the purpose of this Section, "grade" shall be the ground elevation at the base of the tower.
3.
All applicants to construct a communications tower shall be acted upon promptly so that a final decision may be made by the Board of Aldermen within one hundred fifty (150) days from the date of application. Any application not approved or denied by the Board of Aldermen within one hundred fifty (150) days shall be deemed denied.