Normandy City Zoning Code
ARTICLE XVI
Telecommunications Facilities
Section 405.900 Purposes.
[R.O. 2012 §405.900; Ord. No. 458 §1, 5-2-2000]
A.
The purposes of this Article are:
1.
To provide for the appropriate location and development of telecommunication facilities to serve the citizens and businesses of the City of Normandy;
2.
To minimize adverse visual impacts of telecommunication facilities through the careful design, siting, landscape screening and innovative camouflaging techniques;
3.
To maximize the use of existing and new telecommunication facilities so as to minimize the need to construct new or additional facilities; and
4.
To 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 natural habitats.
Section 405.910 Definitions.
[R.O. 2012 §405.910; Ord. No. 458 §1, 5-2-2000]
As used in this Article, the following terms shall have the following meanings:
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 antennas and any antenna supported by a structure not greater than seventy-two (72) feet in height which is owned and operated by an amateur radio operator licensed by the FCC.
Any structure designed and constructed for the support of antennas, including any tower or disguised support structure, but excluding those support structures not greater than seventy-two (72) feet in height owned and operated by an amateur radio operator licensed by the FCC. The term antenna support structure shall also include any related and necessary cabinet or shelter.
A structure, other than a single-family residence, not constructed primarily for the support of antenna but which may be utilized for such purposes.
A casing or console, not to include a shelter, used 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 the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.
The City Administrator of the City of Normandy or other designated City Official.
The location and use of two (2) or more antenna on a single antenna supporting structure.
Any freestanding, manmade structure designed for the support of Antennas, 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, flagpoles and light standards.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
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.
A building for the protection and security of communications equipment associated with one (1) or more antennas 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.
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.
Any antenna, antenna support structure, cabinet, freestanding tower, disguised support structure, shelter, standard outdoor advertising structure or tower.
A structure designed for the support of one (1) or more antennas, including self-supporting (lattice) towers, monopoles or other freestanding towers, or guyed towers, but not disguised support structures or buildings.
Section 405.920 General Criteria and Preferences.
[R.O. 2012 §405.920; Ord. No. 458 §1, 5-2-2000]
A.
A conditional use permit shall be necessary to construct, alter or modify any antenna support structure, or to mount any antenna on any building or other structure, in any zoning district in Normandy, unless otherwise provided in this Article. The general criteria and preferences for granting same and the regulations governing antenna support structures shall be as follows:
1.
Building Codes and safety standards. All antennas 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.
2.
Regulatory compliance. All antennas 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 devices 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.
3.
Security. All antennas and antenna support structures shall be protected from unauthorized access by appropriate security devices. 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 City Administrator or the City Council.
4.
Lighting. Antenna support structures shall not be lighted unless required by the FAA or other Federal or State agency 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.
5.
Advertising. Unless a disguised support structure is in the form of a standard outdoor advertising structure, the placement of advertising on antenna support structures is prohibited.
6.
Design.
a.
Guyed towers are prohibited absent a determination by the City Council as provided in Section 405.940(E)(2) or 405.940(E)(3) of this Article.
b.
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.
c.
Shelters or 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.
d.
Antennas attached to a building or disguised support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.
e.
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. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six (6) foot high decorative fence or wall may be approved by the City upon demonstration by the applicant that an equivalent degree of visual screening is achieved.
7.
Location and setback.
a.
Absent a determination by the City Council as provided in Section 405.940(E)(2) or 405.940(E)(3), antenna support structures, except disguised support structures, shall not be located within three hundred (300) feet of any residential structure, or any parcel of property used as a park, playground, school, library, hospital, church, historic district, landmark, or an area on the National Register of Historic Places.
b.
The minimum setback from all adjoining property lines shall be that required for principal structures in the applicable zoning district.
8.
Height. Antenna support structures shall not exceed a height of eighty (80) feet in any residential district or one hundred twenty (120) feet in any other zoning district unless a different height is authorized because of the application of Section 405.920(9)(c) or because of a determination of the City Council pursuant to Section 405.940(E)(2) or 405.940(E)(3) of this Article.
9.
Co-use. 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 (½) 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 antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets. 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.
c.
Antenna support structures may be constructed or modified so as to exceed the height limitations provided in Section 405.920(8) hereof 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.
d.
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.
e.
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.
10.
Site selection.
a.
Sites in the City's non-residential districts are preferred. Sites in any residential district in the City are prohibited absent a determination of necessity by the City Council pursuant to Section 405.940(E)(3). Within any zoning district, existing antenna support structures and buildings are preferred, as are locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.
b.
Antennas and antenna support structures should be architecturally and visually (color, bulk, size) 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.
c.
Antennas and antenna support structures should be located to minimize any adverse effect they may have on neighboring property values.
d.
Antennas and antenna support structures should be located to avoid a dominant silhouette on ridge lines, and preservation of view corridors of surrounding residential developments should be considered.
11.
Building mounted antennas.
a.
Antennas mounted on buildings should be made to appear as unobtrusive as possible. Such antennas should be located as far away as feasible from the edge of the building and should be painted a color consistent with the natural or built environment of the site.
b.
Such antennas generally should not protrude more than twenty (20) feet from the top of the structure absent either (i) if the zoning district's height requirements are not violated in accordance with Section 405.930(A)(2), a finding by the City Administrator that the proposed antenna poses no detrimental effect, (ii) if the zoning district's height requirements are violated in accordance with Section 405.930(B)(3), a determination by the City Council as provided in Sections 405.940(E)(2) or 405.940(E)(3).
12.
Miscellaneous.
a.
If a guyed tower is authorized by the City Council pursuant to Section 405.940(E)(2) or 405.940(E)(3), its ground anchors shall be located on the same parcel as the tower and such anchors shall meet the setbacks prescribed in Section 405.920(7) hereof.
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.
Prior to the issuance of any conditional use permit the applicant shall demonstrate how the proposed site fits into the applicant's overall telecommunications network within a six (6) mile radius of the City of Normandy.
e.
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.
Section 405.930 Administrative Permit.
[R.O. 2012 §405.930; Ord. No. 458 §1, 5-2-2000]
A.
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:
1.
The attachment of additional antennas to any antenna support structure existing on May 2, 2000, or subsequently approved in accordance herewith, provided that the existing antenna support structure is not modified, either to extend the height thereof or to expand the screened and landscaped area surrounding the existing shelter.
2.
The mounting of antennas on any existing building or standard outdoor advertising structure, provided that the antennas do not exceed the height limit established by the applicable zoning district regulations, and provided further that each such antenna is concealed by architectural elements or camouflaged by painting a color matching the surface to which they are attached.
3.
The installation of antennas or the construction of an antenna support structure on buildings or land owned by the City of Normandy in conjunction with the approval of a lease agreement by the City Council.
4.
The placement of dual polar panel antennas on wooden or steel utility poles not to exceed forty (40) feet in height provided that all related equipment is contained in a cabinet.
5.
The installation or mounting of antennas on any existing high voltage utility towers in excess of forty (40) feet in height.
6.
The one-time replacement of any antenna support structure existing on May 2, 2000, or subsequently approved in accordance with these regulations.
7.
The construction of any antenna support structure or the mounting of any antenna on a building on any site previously unimproved by such telecommunications facilities but otherwise approved by the City as an accepted location for such facilities.
B.
Non-Permitted Uses. The following uses are not permitted uses and require the issuance of a conditional use permit:
1.
The construction of any antenna support structure, or the alteration or modification of any antenna support structure.
2.
The attachment of additional antennas to any antenna support structure existing on May 2, 2000, or subsequently approved in accordance with these regulations which requires a height extension of the existing structure beyond the limits provided herein.
3.
The mounting of antennas on any building when said mounting would exceed the height limit of the applicable zoning district.
C.
Application Procedures. Applications for administrative permits shall conform to the following:
1.
Applications shall be made on the appropriate forms to the City Administrator and as provided herein and shall be accompanied by payment of the established fee. Applications shall be deemed received by the City Administrator upon completion, as determined by the City Administrator.
2.
An application shall include a detailed site plan based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements, including buildings, drives, walkway, parking areas and other structures, and also indicating public rights-of-way, the zoning categories of the host parcel and adjoining properties, the location of buffer and landscape areas, hydrologic features, and the coordinates and height of the proposed structure.
3.
The application shall be reviewed by the City Administrator to determine compliance with all applicable standards established in this Article. The City Administrator may (1) request additional information from the applicant consistent with said standards and (2) transmit the application for review and comment by other departments and public agencies which may be affected by the proposed facility, and in either case the application shall not be deemed to be complete until such information is received.
4.
The City Administrator shall also forward a copy of the application to the Mayor and City Council. The City Council may require a public hearing in accordance with Section 405.940 prior to a decision being made by the City Administrator, provided said hearing shall be opened within sixty (60) days of the date on which the application is deemed complete and received by the City Administrator. The City Council may exercise its discretion to continue the public hearing beyond the sixty (60) day period for the purpose of accepting additional oral or documentary evidence into the record for consideration. In such event the City Administrator shall issue a decision on the permit within twenty (20) days of the date of the completion of the public hearing or the application shall be deemed approved. If no public hearing is required by the City Council, the City Administrator shall issue a decision on the permit within sixty (60) days of the date on which the application is deemed complete and received by the City Administrator or the application shall be deemed approved.
5.
The City Administrator may deny the application or approve the application as submitted or with such modifications as are, in his or her judgment, reasonably necessary to protect the safety or general welfare of the citizens of the City. A decision to deny an application shall be made in writing and shall state the reasons for the denial. If the City Administrator denies the application, the matter shall be referred to the City Council for further consideration consistent with Section 405.940.
Section 405.940 Conditional Use Permit.
[R.O. 2012 §405.940; Ord. No. 458 §1, 5-2-2000]
A.
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 under Section 405.700 except as may be supplemented by this Article.
B.
Applications. In addition to all other filing requirements, the application shall include such information as is required or may otherwise be responsive to the criteria and preferences established in Section 405.920 hereof.
C.
Public Hearing. The public hearing required by Section 405.700(F) for consideration of a conditional use permit application shall be recorded, and all documentary evidence of any kind submitted in support of or against the application shall be identified and labeled by the City Clerk and made a part of the public record. The City Council may exercise its discretion to continue the public hearing for the purpose of accepting additional oral or documentary evidence into the record for consideration.
D.
Findings Required. In addition to any other considerations required by either this Article or Section 405.700, before issuing a conditional use permit for any antenna support structure the City Council shall consider and determine the following based upon the evidence submitted:
1.
Whether existing antenna support structures or buildings are located within the geographic network area necessary to meet the applicant's system engineering requirements.
2.
Whether such existing antenna support structures or buildings are of sufficient Height to meet system engineering requirements.
3.
Whether such existing antenna support structures or buildings have sufficient structural strength to support the applicant's proposed antenna(s).
4.
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).
5.
Whether the proposed antennas would experience or cause signal interference with antennas on existing antenna support structures or buildings.
6.
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.
7.
Whether there are other limiting conditions that render existing antenna support structures or buildings within the applicant's required geographic area unsuitable.
E.
Determination.
1.
If the City Council determines that, in light of the considerations noted in Section 405.940(D), an application meets the criteria and preferences established in Section 405.920 hereof and otherwise is in accordance with this Article, the Council shall grant a conditional use permit, subject to whatever conditions the Council deems appropriate.
2.
The Council may determine that although an application does not meet the strict requirements of the criteria and preferences established in Section 405.920, 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 Council may vary the application of the criteria and preferences and grant a conditional use permit, subject to whatever conditions the Council deems appropriate.
3.
The Council may determine that the criteria and preferences established in Section 405.920 effectively would 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. If such a determination is made, the Council may grant a conditional use permit, subject to whatever conditions the Council deems appropriate.
4.
Any decision by the City Council 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.
F.
Appeal. Appeals from the Council's denial of a conditional use permit shall be taken to the Circuit Court of St. Louis County or to any court or agency allowed by Federal law, specifically the Telecommunications Act of 1996, as amended.