Rock Hill City Zoning Code
ARTICLE XIV
Telecommunications Facilities - Special Use
Section 405.700 Telecommunications Facilities - Purpose.
[Ord. No. 1347 §3, 1-7-1997; Ord. No. 1470 §1, 9-17-2002]
A.
The purposes of this Article are to:
1.
Provide for the appropriate location and development of telecommunication facilities and systems to serve citizens and businesses of the City of Rock Hill.
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.
Section 405.710 Definitions.
[Ord. No. 1347 §3, 1-7-1997; Ord. No. 1470 §1, 9-17-2002]
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 and any receive-only home television antennas.
Any structure designed and constructed for the support of antennas, including any tower or disguised support structure, but excluding those support structures under fifty (50) feet in height owned and operated by an amateur radio operator licensed by the FCC. For purposes of this Section, 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 purpose in accordance with this Section.
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 location and use of two (2) or more antennas on a single antenna supporting structure or building.
The Building Commissioner of the City of Rock Hill or his/her designee.
Any freestanding, manmade structure designed or used 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 (excluding advertising), standard outdoor advertising structures, water towers, artificial trees, flagpoles and light standards.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
A structure designed for the support of one (1) or more antennas, including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also not include any support structures under fifty (50) feet in height owned and operated by an amateur radio operator licensed by the FCC.
Section 405.720 Permit Required.
[Ord. No. 1347 §3, 1-7-1997; Ord. No. 1470 §1, 9-17-2002]
A special use permit or an administrative permit as provided herein shall be necessary to construct, alter or modify any antenna support structure or to mount any antenna on any building or antenna support structure in any zoning district in the City of Rock Hill.
Section 405.730 Criteria and Preferences.
[Ord. No. 1347 §3, 1-7-1997; Ord. No. 1470 §1, 9-17-2002]
A.
The general criteria and preferences for considering the issuance of a special use permit and, when applicable, an administrative permit 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 structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency.
3.
Security. All antenna 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 Commissioner or the Board of Aldermen.
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 special 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.
Antenna 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.
b.
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.
c.
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.
d.
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.
No antenna support structures, excluding disguised support structures, shall be located within one-half (½) mile of another pre-existing antenna support structure with the distance being measured from the center of the base of the existing structure to the center of the base of the proposed structure. Antenna support structures shall not be located within five hundred (500) 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, plus one (1) additional foot for every two (2) feet in height in excess of sixty (60) feet.
8.
Height. Antenna support structures shall not exceed a height of seventy-two (72) feet in any of the City's zoning districts, unless a different height is authorized because of the application of Subsection (9)(c) of this Section or because of a determination by the Board of Aldermen pursuant to Section 405.750(E)(2) or (3) of this Article.
9.
Co-use. Prior to the issuance of any special 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 located within one (1) mile of the proposed structure site, identifying the owner of each existing structure as well as the structure's reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional shelters. The applicant shall further demonstrate that he/she has requested co-use of each existing 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 Subsection (8) of this Section 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 an applicant of new construction to exceed the applicable limitation up to a maximum of forty (40) feet, regardless of whether a co-user is immediately available to share space with the applicant.
d.
In the event that a special 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 a 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 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 Board of Aldermen pursuant to Section 405.750(E)(3) of this Article. 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.
Facilities 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.
Facilities should be located to minimize any adverse effect they may have on neighboring property values.
d.
Facilities 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 (other than a residence) or structures (other than an antenna support structure) 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 neutral color consistent with the natural or built environment of the site.
b.
Such antennas generally should not protrude more than ten (10) feet from the top of the structure absent either:
(1)
If the zoning district's height requirements are not violated in accordance with Section 405.740(A)(2), a finding by the Commissioner that the proposed antenna poses no detrimental effect, or
(2)
If the zoning district's height requirements are violated in accordance with Section 405.740(B)(3), a determination by the Board of Aldermen as provided in Section 405.750(E)(2) or Section 405.750(E)(3).
12.
Miscellaneous.
a.
Ground anchors of all guyed towers shall be located on the same parcel as the tower and at minimum shall meet the setbacks of the applicable zoning district.
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 special use permit, the applicant shall demonstrate how the proposed site fits into the applicant's overall telecommunications network in the St. Louis County area.
e.
Any antenna support structure no longer used 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 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.
f.
Prior to the issuance of a special use permit, an applicant shall demonstrate proof of liability, Worker's Compensation and any other insurance required by the City, and the City may also require indemnification and bonding as the City deems appropriate.
Section 405.740 Administrative Permit.
[Ord. No. 1347 §3, 1-7-1997; Ord. No. 1470 §1, 9-17-2002]
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 special use permit:
1.
The attachment of additional antennas to any antenna support structure existing on the effective date of this Article (January 7, 1997) 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.
2.
The mounting of antennas on any existing building or standard outdoor advertising structure, provided that the antennas do not exceed the height requirement 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 identical to 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 Rock Hill in conjunction with the approval of a lease agreement by the Board of Aldermen.
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 the effective date of this Article (January 7, 1997) 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 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 special 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 the effective date of this Article (January 7, 1997) or subsequently approved in accordance with these regulations which requires a height extension of the existing structure.
3.
The mounting of antennas on any building when said mounting would exceed the height requirement 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 Commissioner and as provided herein and shall be accompanied by payment of the established fee. Applications shall be deemed received by the Commissioner upon completion as determined by the Commissioner.
2.
An application in conjunction with Subsections (3), (4) or (6) of Section 405.740(A) 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 buffer and landscape areas, hydrologic features, and the coordinates and height of the proposed structure.
3.
The application shall be reviewed by the Commissioner to determine compliance with all applicable standards established in this Section. The Commissioner may:
a.
Request additional information from the applicant consistent with said standards; and
b.
Transmit the application for review and comment by other departments and public agencies which may be affected by the proposed facility.
In either case, the application shall not be deemed to be complete until such information is received. |
4.
The Commissioner shall issue a decision on the permit within thirty (30) days of the date on which the application is deemed complete and received by the Commissioner or the application shall be deemed approved. The Commissioner 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 of the City. A decision to deny an application shall be made in writing and shall state the specific reasons for the denial.
Section 405.750 Special Use Permit.
[Ord. No. 1347 §3, 1-7-1997; Ord. No. 1470 §1, 9-17-2002]
A.
Generally. Applications for special use permits shall be filed, processed, reviewed and decided in the manner and time frame established for all other special use permits under this Chapter, 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, preferences and considerations established in this Article. Upon request, applicant shall file a qualified engineer's certification of regulatory compliance.
C.
Public Hearing. The Board of Aldermen shall hold a public hearing upon each special use permit application, at which the applicant and any other interested person may submit testimony and/or documentary evidence for the Board's consideration. Said hearing 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 Board of Aldermen 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 this Chapter, before issuing a special use permit for an antenna, antenna support structure or a building-mounted antenna, the Board of Aldermen 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 Board of Aldermen determines that, in light of the considerations noted in Subsection (D) of this Section, an application meets the criteria and preferences established in Section 405.730 of this Article and otherwise is in accordance with this Chapter, the Board shall grant a special use permit.
2.
The Board may determine that although an application does not meet the strict requirements of the criteria and preferences established in Section 405.730, 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 Board may vary the application of the criteria and preferences and grant a special use permit, subject to whatever conditions the Board deems appropriate.
3.
The Board may determine that in light of the considerations noted in Subsection (D) of this Section, the City's prescribed criteria and preferences 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 Board may grant a special use permit, subject to whatever conditions the Board deems appropriate.
4.
Any decision by the Board of Aldermen to deny a special 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 Board's denial of a special use permit shall be to the Circuit Court of St. Louis County or to any court or agency allowed under Federal law.