Saint Ann City Zoning Code
ARTICLE XIX
Antennas and Antenna Support Structures
Section 400.920 Purposes.
[R.O. 1998 § 400.920; Ord. No. 2255 §1, 9-3-2002; Ord. No. 2501 §5, 10-10-2007]
A.
The purposes of these regulations are to:
1.
Provide for the appropriate location and development of antennas and antenna support structures to serve the citizens and businesses of the City of St. Ann;
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 and the scenic quality of areas within the City.
Section 400.925 Definitions.
[R.O. 1998 § 400.925; Ord. No. 2255 §1, 9-3-2002; Ord. No. 2501 §5, 10-10-2007]
As used herein, the following terms shall have the meanings and usages indicated:
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 and located at the residence of such operator.
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 and located at the residence of such operator. For purposes of this Article, 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 in accordance with this Article.
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 and antenna support structures, 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 support structure.
The Director of Public Services of the City of St. Ann or his or her designee.
Any freestanding, man-made 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 mean ground level to its highest point, including the main structure and all attachments thereto. Mean 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.
A building for the protection and security of communications equipment associated with one (1) or more antenna(s) and antenna support structures 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 and antenna support structures is prohibited.
A structure designed for the support of one (1) or more antenna(s), including self-supporting (lattice) towers, monopoles or other freestanding towers or guyed towers, but not disguised support structures or buildings.
Section 400.930 General Requirements.
[R.O. 1998 § 400.930; Ord. No. 2255 §1, 9-3-2002]
A.
The requirements set forth in this Section shall be applicable to all antennas, antenna support structures, cabinets and shelters installed, built or modified after the effective date of this Article to the full extent permitted by law:
1.
Building Codes, Safety Standards And Zoning Compliance. To ensure the structural integrity of antennas, antenna support structures, cabinets and shelters, any such facility shall be constructed and maintained in compliance with all standards contained in any applicable building codes, electrical codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required hereunder, no antenna or support structure shall be erected prior to zoning approval and the issuance of a building permit.
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 devises. 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 Director or the Board of Aldermen.
4.
Lighting. Antennas and 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 to install, build or modify the antenna(s) or support structures.
5.
Advertising. Unless a disguised support structure a is in the form of a permitted advertising sign, the placement of advertising on antenna support structures is prohibited.
6.
Design.
a.
Guyed towers are prohibited without the specific approval of the Board of Aldermen, based upon its determination that no other type of tower can be feasibly installed at the proposed location.
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.
Section 400.935 Site Requirements.
[R.O. 1998 § 400.935; Ord. No. 2255 §1, 9-3-2002]
A.
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 at the time of installation. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six-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.
B.
Vehicle or outdoor storage on any tower site is prohibited.
C.
On-site parking for periodic maintenance and service shall be provided at all locations.
Section 400.940 Zoning, Location, Setback And Height Regulations.
[R.O. 1998 § 400.940; Ord. No. 2255 §1, 9-3-2002]
A.
Zoning. Antennas and antenna support structures may be located in any zoning district, subject to the location, setback and height restrictions of this Article.
B.
Location. No antenna support structures, excluding disguised support structures, shall be located within one-half (1/2) 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. Without the specific approval of the Board of Aldermen, antenna support structures, other than disguised support structures, shall not be located within five hundred (500) feet of any residential structure or any property used as a park, playground, school or church.
C.
Setback. 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 one (1) foot in height of the antenna support structure.
D.
Height.
1.
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 under the co-use provisions of these regulations or on the specific approval of the Board of Aldermen.
2.
Antennas mounted on a building shall not protrude above the maximum height prescribed for the applicable zoning district without the specific approval of the Board of Aldermen based on its determination that the proposed height does not have a detrimental effect on surrounding property.
Section 400.945 Co-Use.
[R.O. 1998 § 400.945; Ord. No. 2255 §1, 9-3-2002]
A.
Prior to the issuance of any permit, the applicant shall:
1.
Submit a notarized statement to the City agreeing to make the proposed antenna support structure available for use by others, subject to reasonable technical limitations and financial terms.
2.
Furnish an inventory to the director of all known antenna support structures and potential building sites located within one-half (1/2) 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 it 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.
3.
Antenna support structures may be constructed or modified so as to exceed the height limitations provided in Section 400.940(D) 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 for new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.
4.
In the event that a conditional use permit is requested 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 conditional use 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. 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.
Section 400.950 Uses Authorized By Administrative Permit.
[R.O. 1998 § 400.950; Ord. No. 2255 §1, 9-3-2002]
A.
Permitted Uses.
1.
The attachment of additional antennas to any antenna support structure existing on the effective date of this Article or subsequently approved in accordance herewith, provided that the existing antenna support structure is not modified to extend the height thereof.
2.
The mounting of antennas on any existing building, provided that the antennas do not exceed the height limitation 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 St. Ann 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 or subsequently approved in accordance with these regulations.
B.
Application Procedure. An application for an administrative permit shall be made on the appropriate forms to the Director, accompanied by payment of the prescribed fee:
1.
Applicant shall submit a detailed site plan, based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements, including buildings, drives, walkways, public rights-of-way, the zoning district categories of the parcel 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 above ground level of the existing or proposed tower.
2.
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 as may be affected by the proposed facility. The Director may request additional information from the applicant. The application shall not be deemed to be complete until such information is received from applicant.
3.
The Director shall issue a decision on the permit within sixty (60) days of the date on which the application is deemed complete or the application shall be deemed approved. The Director may deny the application or approve the application as submitted or with such modifications as are, in the judgment of the Director, reasonably necessary to protect the safety and general welfare of the residents of the City of St. Ann. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
4.
An appeal from the decision of the Director may be taken to the Board of Adjustment by filing such appeal within thirty (30) days from receipt of the denial.
Section 400.955 Conditional Use Permit Required.
[R.O. 1998 § 400.955; Ord. No. 2255 §1, 9-3-2002]
A.
All proposals to install, build or modify an antenna or antenna support structure not authorized for an administrative permit under Section 400.950 hereof shall require the approval of the Board of Aldermen of a conditional use permit following receipt of a recommendation by the Planning and Zoning Commission and a duly advertised public hearing by the Board of Aldermen.
1.
Application. An application for a conditional use permit, accompanied by a detailed site plan conforming with Section 400.950(B)(1), shall be filed and processed in the manner established for all other conditional use permits, except as supplemented by this Section.
2.
Public Hearing. The public hearing required for consideration of the application for conditional use permit 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.
3.
Findings Required. In addition to any other determination required by the Zoning Code for the consideration of an application for a conditional use permit, the Board of Aldermen shall make findings as to the following based upon the evidence submitted with the application and/or presented during the public hearing by the applicant or others.
a.
Whether existing antenna support structure or buildings are located within the geographical network area necessary to 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 have sufficient structural strength to support the applicant's proposed antenna(s).
d.
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).
e.
Whether the proposed antennas would experience or cause signal interference with antennas on existing antenna support structures or buildings.
f.
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.
g.
Whether there are other limiting conditions that render existing antenna support structures or buildings within the applicant's required geographic area unsuitable.
4.
Determination.
a.
If the Board of Aldermen determines that an application meets the criteria of these regulations, the Board shall grant a conditional use permit, subject to such conditions as the Board deems appropriate for the protection of the public safety and welfare of the residents of the City.
b.
If the Board determines that, although an application does not meet the strict requirements of the criteria of these regulations but satisfies the general purpose and intent of said criteria based upon the particular circumstances, the Board of Aldermen may grant a variance from said criteria and grant a conditional use permit, subject to such conditions as the Board deems appropriate for the protection of the public, safety and welfare of the residents of the City.
c.
If the Board determines that the prescribed criteria hereof 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, the Board may grant a conditional use permit subject to such conditions as the Board deems appropriate for the protection of the public, safety and welfare of the residents of the City.
d.
A decision by the Board of Aldermen on an application shall be accompanied by specific findings of fact based upon the evidence presented.
Section 400.960 Removal Of Antenna Support Structure - Security For Removal.
[R.O. 1998 § 400.960; Ord. No. 2255 §1, 9-3-2002]
A.
Any antenna support structure which is occupied by an inactive antenna for a period of one (1) year shall be removed at the owner's expense and the site restored to its original state.
B.
Any applicant for a new support structure not built as a disguised support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this Article including, without limitation, the failure to remove such structure as required by Subsection (A) of this Section or any other applicable regulation. The bond or security shall be in the form approved by the Director, in an amount not less than fifteen thousand dollars ($15,000.00) or such additional amount as is determined by the Director to protect the City in the event of non-compliance with the requirements hereof.
Section 400.965 Prosecution For Violation.
[R.O. 1998 § 400.965; Ord. No. 2255 §1, 9-3-2002]
Any person violating any of the provisions of this Article, upon conviction thereof, shall be subject to the penalties provided for violation of City ordinances.
Section 400.970 Severability.
[R.O. 1998 § 400.970; Ord. No. 2255 §1, 9-3-2002]
If any Section, Subsection, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by a judgment of a court of competent jurisdiction, as to which no further right of appeal exists, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.