Manchester City Zoning Code
ARTICLE IX
Supplementary Regulations - Communications Antennas And Support Structures
Section 405.420 Purposes.
[Ord. No. 17-2188 § 1, 6-5-2017[1]]
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 and around the City of Manchester. Specifically, to the fullest extent allowed by applicable law, this Article is intended to:
1.
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Manchester;
2.
Minimize adverse visual impacts of communications antennas and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
3.
Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;
4.
Maximize the co-location of facilities on any new support structures;
5.
Ensure that any new telecommunications tower or support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible; and
6.
Ensure that regulation of telecommunications towers and support structures does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service.
[1]
Editor's Note: Former Article IX, Supplementary Regulations — Telecommunications Towers, containing Sections 405.420 through 405.520, was repealed 6-5-2017 by Ord. No. 17-2188. The title of this Article was also changed to "Supplementary Regulations — Communications Antennas And Support Structures."
Section 405.430 Definitions.
[Ord. No. 17-2188 § 1, 6-5-2017]
As used in this Article, the following terms shall have the meanings and usages indicated:
AGL (ABOVE GROUND LEVEL)
Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.
ANTENNA
Any device that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than two (2) meters in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antennas.
CABINET
A structure for the protection and security of communications equipment associated with one (1) or more antennas where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet and vertical height that does not exceed six (6) feet.
COMMUNICATION (TELECOMMUNICATION) EQUIPMENT, ROOF-MOUNTED
Material installed on the roof of a building which acts as a communications antenna, including, but not limited to, the following: VHF and UHF television, FM or AM radio, two-way radio, cellular telephone, PCS or other wireless telephony, fixed point microwave, low power television or other wireless communications and common carriers.
DIRECTOR
The Director of Planning, Zoning and Economic Development of the City or his/her designee.
DISGUISED SUPPORT STRUCTURE
Any freestanding, manmade structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, light standards, flagpoles, and artificial trees.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.
HISTORIC STRUCTURE
Any structure that is:
1.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3.
Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
4.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a.
By an approved State program as determined by the Secretary of the Interior, or
b.
Directly by the Secretary of the Interior in States without approved programs.
INCIDENTAL USE
Any use authorized herein that exists in addition to the principal use of the property.
SHELTER
A building for the protection and security of communications equipment associated with one (1) or more antennas and 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 antennas is prohibited.
SUPPORT STRUCTURE
A tower or disguised support structure.
TOWER
A structure designed for the support of one (1) or more antennas and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also not include any support structure including attachments of sixty-five (65) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the Federal Communication Commission.
Section 405.440 General Requirements.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
The requirements set forth in this Article 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.
1.
Principal Or Incidental Use. Antennas and support structures may be either a principal or incidental use in all non-residential zoning districts or an incidental use to institutional uses, in residential zoning districts on sites of at least five (5) acres subject to any applicable district requirement relating to yard or setback and requirements for special use permits.
2.
Building Codes, Safety Standards And Zoning Compliance. To ensure the structural integrity of antenna support structures, the owner shall see that it is 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 as amended from time to time. In addition to any other approvals required by this Article, no antenna, tower or support structure shall be erected prior to receipt of a certificate of zoning compliance and the issuance of a building permit.
3.
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 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 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.
4.
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 to install, build or modify antennas 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 Director or by the Board of Aldermen in the case of a special use permit.
5.
Lighting. Antennas 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 antennas or support structure. Equipment cabinets and shelters may have lighting only as approved by the Director on the approved development plan.
6.
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 Article is prohibited.
7.
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.
Towers shall not exceed a height of one hundred (100) feet 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. In any event towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the City.
d.
Antennas attached to a disguised support structure or tower shall be contained within or mounted flush on the surface of the disguised support structure or tower to which they are mounted and be of a color identical to or closely compatible with the surface to which they are mounted.
e.
All towers, disguised support structures and related guy wires, structures, fences and walls shall be located on one (1) parcel separated from the property line of any adjacent property zoned for or occupied by 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 and at least fifty (50) feet from public right-of-way.
f.
Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning regulations of this Code.
g.
On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
Section 405.460 Authorization By Administrative Permit.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
Types of uses:
1.
Roof-Mounted Telecommunication Equipment:
a.
Administrative approval may be granted by the Director for the placement of roof-mounted telecommunication equipment, subject to pertinent conditions outlined under Section 405.490 and the following design standards:
(1)
An antenna is rectangular in shape, limited to a width of one and one-half (1 1/2) feet, height of six (6) feet and a depth of one (1) foot.
(2)
The antennas and band are mounted to the face of an existing wall and do not extend beyond the height of the wall.
(3)
No more than four (4) antennas are placed on a band per building wall plane.
(4)
No part of the antenna, including the antenna and holding brackets, extends beyond two (2) feet from the face of the wall on which it is mounted.
(5)
All wiring and conduits connecting to the antennas from the rooftop must be within the wall cavity; thus no exposed wire or conduits are permitted, other than the antenna wall brackets.
(6)
All equipment shelters in non-residential districts shall either be completely enclosed or fully screened from the rooftop elevation. All equipment shelters in residential districts must be located within the primary structure on which the antennas are mounted or below grade level so as to minimize the visibility from the outside.
b.
Any application which does not meet the standards cited in Subsection (A) above shall require application for a special use permit in accordance to Section 405.530, et seq., and subject to the pertinent standards of Section 405.440 of this Article.
2.
Disguised Support Structure.
a.
The placement of disguised support structures within otherwise authorized facilities may be administratively approved by the Director, subject to the following limitations:
(1)
The mounting of disguised support structure antennas shall not exceed the height limit established by the applicable zoning district regulations, and each such antenna shall be concealed or disguised by architectural or natural elements or camouflaged, including, but not limited to, by painting a color matching the surface to which they are attached. The location of all equipment, equipment shelters, wires, conduits and/or any other related accessories or devices shall either be completely situated within an existing structure or fully screened from view. Notwithstanding the items above, equipment shelters and related elements, in residential districts, must be located within the primary structure (on which the antennas are concealed or disguised) or below grade level. However, the equipment may be located in an addition to the primary structure, in which event a special use permit must be secured when required by this Code. Furthermore, other reasonable design standards or requirements, not listed or identified herein, may be required by the City as a condition of the administrative approval.
(2)
The location of such equipment shall not be placed closer than one hundred (100) feet from any residential property line.
b.
Should the Director determine such an application does not meet the spirit, intent and conditions outlined above and cannot be administratively approved, the application may be reviewed and acted on as per the procedures in Section 405.530, et seq., of this Article and subject to the pertinent standards of Section 405.440 of this Article.
3.
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 may be approved by the Director.
B.
Changes to existing wireless facilities and/or support structures that are not "substantial modifications" as defined in Section 67.5092, RSMo., or that only involve collocation of additional facilities or replacement of existing facilities, shall only be reviewed for conformance with applicable building permit requirements, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability and engineering, without any public hearing review, except that collocation to a certified historic structure as defined in Section 253.545, RSMo., shall not in any event be allowed except after public hearing and after thirty (30) days have elapsed since submittal of the application.
Section 405.470 Applications For Administrative Permits.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
Applications for administrative permits shall be made on the appropriate forms to the Director and accompanied by payment of five hundred dollars ($500.00) or such other fee as may be established by the Board of Aldermen, from time-to-time.
B.
A detailed site plan, based on a closed boundary survey 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 any existing tower.
C.
The application shall be reviewed by the Director to determine compliance with the applicable standards and transmit the application for review and comment by other City departments and/or public agencies as may be affected by the proposed facility.
D.
The Director 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 Article. The Director may consider the purposes of this Article and the factors established herein for granting a special use permit as well as any other considerations consistent with this Article. A decision to deny an application shall be made in writing and state the specific reasons for the denial. Consideration of an application under this Section shall meet applicable time limitations pertaining to proposed wireless communications facilities and support structures under Sections 67.5090, RSMo., et seq., and FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009. (See also 47 U.S.C. 1455, 47 CFR 1.40001, FCC Report and Order, WT Docket No. 13-238 re. 10-21-2014.)
Section 405.480 Appeals.
[Ord. No. 17-2188 § 1, 6-5-2017]
Appeals from the decision of the Director shall be made in the same manner as otherwise provided for the appeal of administrative decisions.
Section 405.490 Special Use Permit Required.
[Ord. No. 17-2188 § 1, 6-5-2017]
A.
The following will require a SUP:
1.
Roof-mounted communication equipment (special use in the "C-1," "C-2," "PBD," and "PCD" Districts).
a.
Roof-mounted communication equipment shall not exceed fifteen (15) feet in height as measured from the roof of the building.
b.
The design of the communication equipment shall maximize use of building materials, colors, textures, screening, and landscaping that effectively blend the communication equipment facilities with the surrounding natural setting and built environment.
c.
In addition to the requirements of Section 405.820, the site plan for the roof-mounted communication equipment shall include the following information:
(1)
Proposed type, number and location of antennas or other transmission equipment to be located on the building roof; and
(2)
Location of any adjoining or surrounding residential districts or structures used for residential purposes.
d.
Roof-mounted communication equipment shall not be installed on residential buildings or on buildings located on lots used for residential purposes.
e.
Roof-mounted communication equipment shall not be located within one hundred (100) feet of any residential property line.
f.
Signs, lighting, other than safety or hazard signs or lighting, shall not be placed on any roof-mounted communication equipment.
2.
Communication Towers (Special Use In All Districts).
a.
A communication tower shall not exceed one hundred (100) feet in height.
b.
A communication tower shall not be located on parcels of less than five (5) acres in size within any residential district and shall not be located on property primarily used as a residence.
c.
In addition to the requirements of Section 405.820, the site plan for the communication tower shall include the following information:
(1)
Exact location of the tower and guy wire anchors or other supporting apparatus;
(2)
Proposed type, number and location of antennas or other transmission equipment to be located on the tower;
(3)
Location of any adjoining residential districts or structures used for residential purposes; and
(4)
Location and number of evergreen plantings or other methods of screening provided for ground-based equipment.
3.
Changes to existing facilities and/or structures that are not "substantial modifications" as defined in Section 67.5092, RSMo., or that only involve collocation of additional facilities or replacement of existing facilities, shall only be reviewed for conformance with applicable building permit requirements, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability and engineering, without any public hearing review, except that collocation to a certified historic structure as defined in Section 253.545, RSMo., shall not in any event be allowed except after public hearing and after thirty (30) days have elapsed since submittal of the application.
B.
Applications of special use permits shall be filed and processed subject to the requirements of and in the manner and time frame as established in Section 405.530, et seq., for special use permits. A decision by the Board of Aldermen 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. Approvals granted under this Section shall not expire. Consideration of an application under this Section shall meet applicable time limitations pertaining to proposed wireless communications facilities and support structures under Sections 67.5090, RSMo., et seq., and FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009. See also 47 U.S.C. 1455, 47 CFR 1.40001, FCC Report and Order, WT Docket No. 13-238 re. 10-21-2014.
Section 405.500 Obsolete Towers And Equipment.
[Ord. No. 17-2188 § 1, 6-5-2017]
Any communication tower or equipment that is no longer in use for its original communications purpose 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 tower and accessory structures. In case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. Removal of existing equipment shall not be a condition of approval of any subsequent application.
Section 405.510 Commercial Operation Of Unlawful Tower Or Antennas.
[Ord. No. 17-2188 § 1, 6-5-2017]
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 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.
Section 405.520 Penalty.
[Ord. No. 17-2188 § 1, 6-5-2017]
Any person violating this provision shall be subject to such penalties as provided for in Section 100.100 of this Code of Ordinances.