St Robert City Zoning Code
CHAPTER 411
Supplementary Uses
Section 411.001 Temporary Residences.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The Land Use Administrator is authorized to grant the use of a temporary residence within any zoning district, provided it meets the requirements of this Section. The Land Use Administrator may require certain conditions be met as are reasonable and necessary for protection of public health, safety and traffic under the circumstances.
B.
Construction trailers used on development sites shall be removed within thirty (30) days of the completion of the project. Construction trailers shall be used for operational needs of the contractor during the development of the project and shall not be used as a temporary residence as delineated in Subsection (C) below. Construction trailers will be removed from the site if development activities have either not commenced for that particular phase of development within thirty (30) days or development work has ceased for thirty (30) days or longer. Unattended or unoccupied construction trailers will be treated and considered a nuisance.
C.
Temporary residences to be occupied during the construction, repair or renovation of a permanent residential dwelling on site shall be permitted for not more than six (6) months after the date the temporary residence was needed, except that the Land Use Administrator may renew such permit for an additional period not to exceed six (6) months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential dwelling to complete the construction, repair, renovation or restoration work necessary to make such building habitable.
Section 411.005 Noise.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Section 411.007 Vibration.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
No non-residential use in any commercial or industrial district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at:
B.
Vibrations resulting from temporary construction activity that occurs between 7:00 A.M. and 7:00 P.M. shall be exempt from the requirements of this Section.
Section 411.009 Odors.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
For purposes of this Section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor or particle matter that can be detected by the olfactory systems of a panel of healthy observers.
Section 411.011 Air Pollution.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Any commercial or industrial use that emits any "air contaminant" as defined by Missouri Statute shall comply with applicable State standards concerning air pollution as set forth in the Missouri Air Pollution Control Law.
B.
No zoning or conditional use permit may be issued with respect to any development covered by Subsection (A) until the Missouri Department of Natural Resources has certified to the permit issuing authority that the appropriate State permits have been received by the developer or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.
Section 411.013 Disposal of Liquid Wastes.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
No commercial or industrial use may discharge any waste contrary to the provisions of Missouri Statute governing discharges of radiological, chemical or biological wastes into surface or subsurface waters. The Missouri Department of Natural Resources may require the developer to obtain permits prior to the disposal of certain liquid wastes.
B.
No commercial or industrial use may discharge into the City sewage treatment facilities any waste that is contrary to other City of St. Robert sewer ordinances or any waste that cannot be adequately treated by biological means.
Section 411.015 Electrical Disturbance or Interference.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
No commercial or industrial use may:
1.
Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or
2.
Otherwise cause, create or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.
Section 411.017 Jurisdiction.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Any land use or facility which produces, uses or stores any substance(s) appearing on the "List of Extremely Hazardous Substances" in an amount(s) equal to or in excess of the "threshold planning quantity" as defined by the most recent listing developed by the U.S. Environmental Protection Agency (40 CFR, Part 355) or such use or facility which is otherwise under the jurisdiction of the Missouri Emergency Response Commission shall be subject to the additional requirements outlined in this Article, conflicting provisions of this regulation notwithstanding.
Section 411.019 Density and Dimensional Requirements.
Section 411.021 Purpose.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
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 the City of St. Robert. Specifically, 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 St. Robert;
2.
Minimize adverse visual impacts of communications antennas and support structure through the 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 collocation 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;
6.
Ensuring that regulation of telecommunications towers and 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.
Section 411.023 Applicability.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City of St. Robert, are subject to this regulation. All towers within the City of St. Robert, Missouri, at the time of passage of this regulation shall be registered with the City Land Use Administrator within sixty (60) days from the effective date hereof, together with the height, width and location thereof and a registration fee of fifty dollars ($50.00). Failure to register an existing tower shall raise a presumption that said tower was not a legal non-conforming use on the date of passage of this regulation. However, this regulation shall not apply to tower structures used or to be used solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission or to towers and antennas used solely for private telecommunications services when the equipment is located on the premises of the entity using said private telecommunication service or the towers and antennas, support structure or masts are located on the primary business premises of a provider of communications services if used solely to monitor the provider's services and the equipment used by the broadcaster, private telecommunicator or provider is in compliance with any Federal, State or local laws and does not encroach on the public rights-of-way.
B.
Notwithstanding any provisions contained in this Section, any current legal use being made of an existing tower or antenna support structure on the effective date of this regulation shall be allowed to continue as a non-conforming structure. Any tower site that has received City approval in the form of either a conditional use permit or building permit but has not yet been constructed or located within six (6) months of the date of the permit shall be considered a non-permitted structure.
Section 411.025 Legislative Findings.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunication services in the United States.
B.
The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction and modification of towers and antenna support structures and to protect the health, safety and welfare of the public.
C.
The City has been granted the authority to enact legislation to regulate the construction, placement and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89, RSMo., and additionally pursuant to its general and specific Police powers established by Statute authorizing the regulations herein to protect the public health, safety and welfare.
E.
Consistent with the Telecommunications Act of 1996, the regulations of this Section will not have the effect of prohibiting the provision of personal wireless services and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City. This Article does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.
F.
The uncontrolled proliferation of towers in the City of St. Robert is threatened without adoption of new regulations and would diminish property values, the aesthetic quality of the City and would otherwise threaten the health, safety and welfare of the public.
Section 411.027 Definitions.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
As used in this Section, the following terms shall have the meanings and usages indicated:
The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may, from time to time, be amended.
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.
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 that two (2) meters in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antenna.
Any building or other structure other than a tower which can be used for location of telecommunications facilities.
Any person that applies for a tower permit.
The process by which an applicant submits a request and indicates a desire to be granted a permit to construct, own or operate a tower within the City. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
A structure for the protection and security of communications equipment associated with one (1) or more antenna 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.
The City of St. Robert, a municipal corporation, in the State of Missouri.
The Building Code of the City of St. Robert.
The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols.
The City of St. Robert, Missouri, Board of Aldermen.
Any engineer licensed by the State of Missouri.
The Federal Aviation Administration.
The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
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.
Any change, including the addition or replacement of antennas, to a structure requiring a building permit or other governmental approval; except that the following shall not be deemed a modification requiring a building permit provided the conditions of the original permit and the requirements of this Section are not violated:
Any person who has lawfully obtained a tower permit.
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.
Includes 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 which is designed to blend into the surrounding environment. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, water towers, light standards, flagpoles and artificial trees.
The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols.
Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the Federal Communications Commission which a person seeks to locate or has installed upon a tower or antenna. However, the term "telecommunications facilities" shall not include:
Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned and used for industrial or commercial.
Any satellite earth station antenna one (1) meter or less in diameter regardless of zoning category.
Any satellite earth station in excess of two (2) meters in diameter which is utilized for the reception of broadcast television, video or radio signals and which is an ancillary use to a structure on the premises of the holder of the broadcast license.
A self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment as licensed by the FCC. The term "tower" does not include utility poles which are utilized for the support of electrical, telephone, cable television or other similar cables and wires, are located on public rights-of-ways or easements for that purpose and are a part of a system of such poles throughout the City of St. Robert, Missouri.
Section 411.029 General Requirements.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The requirements set forth in this Section shall be applicable to all telecommunication towers, antennas and other installed, built or modified after the effective date of this regulation to the full extent permitted by law.
1.
Accessory use. Antennas and towers may be either a principal use or an incidental use to non-residential uses, subject to any applicable zoning district use restriction or setback requirement.
2.
Building codes, safety standards and zoning compliance. To ensure the structural integrity of antenna towers, 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 Section, no antenna or tower shall be erected prior to zoning authorization and the issuance of a building permit.
3.
Regulatory compliance. All antennas and towers 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 towers. 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 Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City.
4.
Excess capacity and planned future use. Any applicant for building permit to install, build or modify any tower shall furnish the Land Use Administrator a statement of the excess capacity of the tower and plans, if any, for anticipated growth. In addition, the applicant must design the tower and indicate on the application that the tower will accommodate one (1) additional antenna similar to the principal antenna.
B.
Collocation Of Facilities. New towers constructed within the City with height in excess of seventy (70) feet should be capable of accommodating one (1) additional carrier or telecommunications facility for one (1) other provider of communications services (hereinafter referred to as "additional capacity"). Such additional capacity, if any, shall be designated on the application and site plans presented to the City prior to construction of the tower.
C.
Collocation Or Installation. Any permittee whose tower is in excess of seventy (70) feet, which is constructed after the effective date of this Section and which has been built in accordance with setbacks and special conditions granted to towers with collocation capabilities under this Section, and which contains additional capacity for installation or collocation of telecommunications facilities as demonstrated at the time the application for construction was granted, shall agree to allow other persons to install or collocate telecommunications facilities on such a tower subject to reasonable terms and conditions negotiated between the parties including the suitability of the proposed tenant, the credit record and technical abilities of the proposed tenant. For the purpose of collocation of antennas, a legal non-conforming tower may be used. However, in no event shall a permittee be required to allow collocation of facilities if to do so would result in technical interference with the delivery of permittee's service. Failure to permit collocation or joint use on a tower which has been built in accordance with setbacks and special conditions permitted for towers designed for collocation may result in any enforcement action as permitted in Sections 411.033 or 411.043 following a hearing as permitted in Section 411.033 hereof. Failure to comply with the provisions of this Section constitutes a material violation of Section 411.029 of this regulation.
D.
Special Exception From Height Exceptions And Buffer Yards.
1.
A permittee of an existing tower may modify the height of its tower to accommodate collocation of additional telecommunications facilities as long as the total height of the tower and telecommunications facilities attached thereto do not exceed a maximum height of one hundred fifty (150) feet, unless provided for under authorization of a conditional use permit.
2.
Permission to exceed the maximum permitted height pursuant to this Section shall not require an additional distance separation as set forth in Section 411.037 nor additional buffer yards or landscaping above that required for the original tower. The tower's pre-modification height shall be used to calculate such distance separations.
E.
Same Tower Type. A tower which is modified to accommodate the collocation of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval pursuant to Section 411.033 of this Chapter.
F.
Movement Of Tower.
1.
A tower which is being replaced to accommodate the collocation of additional telecommunications facilities may be moved on the same premises as it was constructed on, or an adjacent premises, within fifty (50) feet of its existing location as long as required setbacks and buffer yards are maintained.
2.
A tower that is relocated pursuant to this Section shall continue to be measured from the original tower site for the purpose of calculating the separation distances between towers pursuant to Section 411.037. The relocation of a tower under this Section shall in no way be deemed to cause a violation.
Section 411.031 Permitted Uses.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The placement of telecommunications facilities are permitted uses in all non-residential zoned districts within the City as further set forth in this Section.
B.
Telecommunications Facilities. Telecommunications facilities as described in Section 411.027 shall be a permitted accessory use to any commercial, industrial, professional or institutional structures or on land owned by the City provided that the person making such accessory use registers the tower and obtains a building permit.
C.
The person making such accessory use files a written certification with the City Building Department establishing the following:
1.
The total height of the antenna support structure and telecommunications facilities do not exceed the structural height limitations in the applicable zoning district under this Chapter by more than twenty (20) feet;
2.
The antenna support structure and telecommunications facilities comply with the City Building Code and any applicable State law, does not encroach on the public rights-of-way, and a building permit has been obtained from the St. Robert Building Department; and
3.
Any telecommunications facilities and antennas located on the roof of a building shall comply with setbacks required by the City Building Code, if any, and do not extend more than fifty (50) inches in the horizontal plane from the side of such an antenna support structure unless the purpose of said protrusion is to permit signal coverage in an area that will not receive such coverage but for an extension beyond fifty (50) inches. Any extension beyond fifty (50) inches must be approved by the administrative review of the City Code Official prior to construction of said antenna and such approval shall be dependent upon a showing that coverage is unavailable but for the extension, the extension does not violate any other Building Code of the City, State or Federal law that is applicable, encroach upon public rights-of-ways and does not pose any danger to the public.
4.
The telecommunications facilities will utilize camouflaging techniques or will be side-mounted to an antenna support structure in order that the telecommunications facilities harmonize with the character and environment of the area in which they are located if technically feasible and such use will not degrade or distort the service signal. Antennas and support structures shall be painted to blend with the color of the building if such painting will not interfere with functioning of the antenna or support structure.
Section 411.033 Authorization by Building Permit.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The placement of telecommunications facilities are permitted in all non-residential zoning districts only by issuance of a building permit approved by the City Building Department:
1.
The attachment of additional or replacement antennas or shelters to any tower existing on the effective date of this regulation or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area as long as all other requirements of this Section and the underlying zoning district are met.
2.
The one-time replacement of any tower existing on the effective date of this regulation or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower may be replaced by a monopole. If the guyed or lattice tower to be replaced is one hundred eighty (180) feet or less in height, it shall be replaced with a monopole when possible. The height of the new tower may exceed that of the original by not more than twenty (20) feet. Subsequent replacements shall require the approval of a conditional use permit.
3.
The construction of a disguised support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses. Equipment may be placed in a cabinet if the support structure is incidental to an industrial, commercial, institutional or other non-residential use.
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.
Towers erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing tower, testing an existing or proposed network.
B.
Application Procedures.
1.
Applications for building permits shall be made on the appropriate forms to the City Building Department and accompanied by payment of the established fee.
2.
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 rights-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 footprint outline and height AGL of the existing or proposed tower.
3.
The application shall be reviewed by the City Building Department to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.
4.
The Code Official shall issue a decision on the permit within ten (10) days of the date of application or the application shall be deemed approved. The Code Official 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 Section. The Code Official may consider the purposes of this Section and the factors established herein for recommending a conditional 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.
5.
Appeals. Any applicant who is denied a tower permit application or who is determined by the Land Use Administrator to be in violation of this Section shall have the right to appeal the decision before the St. Robert Board of Adjustment. At the request of the applicant, an formal public hearing shall be set on the agenda at the next available St. Robert Board of Adjustment meeting following the denial of an application or the determination of a violation and shall consider, in addition to a determination of whether or not a violation exists or the application was improperly denied, the question of the technical or economic feasibility of compliance with this Section. In the event the Board of Adjustment finds that the tower was constructed in accordance with setback and other provisions relating to towers designed for collocation and said tower is not being made available for joint use or collocation as indicated at the time of application, the Board of Adjustment may suspend or revoke the permit. Final decisions of the Board of Adjustment shall be subject to judicial review pursuant to Chapter 536, RSMo.
Section 411.035 Conditional Use Permit Required.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
All proposals to install, build or modify an antenna or support structure not permitted by Sections 411.031 or 411.033 above shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission.
1.
Applications for conditional use permits shall be filed and processed subject to and in the manner and time frame as established in Chapter 406 of this regulation. A decision by the Planning and Zoning Commission 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 submitted with the application or thereafter or presented during the public hearing by the applicant or others.
2.
Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantive evidence that placement of an antenna or structure pursuant to Section 411.031 (Permitted Uses) or Section 411.033 (Authorization By Building Permit) is not technologically or economically feasible. The Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.
Findings required. In addition to the determinations or limitations specified herein and by Chapter 406 for the consideration of conditional use permits, the Planning and Zoning Commission shall also base its decision upon and shall make findings as to the existence of the following conditions:
a.
The proposed tower is not and cannot be located within a communications tower multi-use interest area as designated by such map or, if so located, meets the collocation requirements of this Section.
b.
No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering:
(1)
Height;
(2)
Structural strength;
(3)
Resulting signal interference;
(4)
Feasibility of retrofitting;
(5)
Feasibility of redesigning the applicant's tower network; or
(6)
Other limiting conditions that render existing towers, structures or buildings within the applicant's required geographic area unsuitable.
c.
The design of the tower or structure, including the antenna, shelter and ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.
d.
The proposal minimizes the number and/or size of towers or structures that will be required in the area.
e.
The applicant has not previously failed to take advantage of reasonably available collocation opportunities or procedures provided by this regulation or otherwise.
f.
No land owned by any agency of the Federal or State Government or by any political subdivision of the State is available for locating the structure or tower.
4.
If any one (1), but not more than one (1), of the first six (6) determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section.
5.
Additional limitations.
a.
No tower shall be approved at a height exceeding one hundred eighty (180) feet AGL 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. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternative are not viable.
b.
If the City has by order agreed to participate in a multi-municipality commission to coordinate new tower or structure applications, an application made pursuant to this Section shall also be submitted to such Planning and Zoning Commission simultaneous with the filing of the request with the City. The Planning and Zoning Commission may consider any comments from such Planning and Zoning Commission but shall not allow a delay in receiving such comments to significantly delay a decision on the conditional use permit.
Section 411.037 Design and Construction Standards.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Design.
1.
Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable State or Federal agency, be painted a neutral color consistent with the natural or built environment of the site.
2.
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.
3.
Antenna attached to a building or stealth antenna tower shall be of a color identical to or closely compatible with the surface to which they are mounted.
4.
All permittees shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they are located, including the use of camouflage techniques, path array antennas and side-mounting antennas, unless such use shall create a hazard for the public or it is not technically feasible to use such design and collocate other facilities on the tower.
5.
Advertising. Unless a stealth antenna tower in the form of an otherwise lawfully permitted pole sign, the placement of advertising on structures regulated by this Section is prohibited.
B.
Setbacks.
1.
All towers shall be set back a distance equal to fifty percent (50%) of the height of the tower up to one hundred (100) feet, plus one (1) foot for each foot over one hundred (100) feet in height, unless the tower is designed for collocation.
2.
Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located.
C.
Structural Requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the City's Building Code, any applicable State laws and other standards outlined in this regulation. A building permit must be obtained from the City before construction may begin.
D.
Separation Or "Buffer" Requirements.
Designated Area | Separation (Buffer) Distance |
|---|---|
Residential Single-Family, Two-Family, Multiple-Family or Manufactured Home zoning districts. | 300 feet. If the tower is of a stealth design or is designed for collocation of an additional carrier, then the separation distance may be reduced to 100% of the height of the tower. |
Commercial, Planned Unit Developments or Public Use zoning districts. | 200 feet or 100% of the height of the tower, whichever is greater. |
Agricultural zoned districts. | 100 feet or 100% of the height of the tower, whichever is greater. |
Industrial zoned districts. | None; only setbacks apply. |
1.
Towers shall be separated from the types of areas designated below in compliance with the minimum standards established in the table set forth below unless constructed on the same site as another tower designed for the same purpose, the second (2nd) tower is permitted by the zoning district, and the height of the second (2nd) tower does not exceed the height permitted in the zoning district where the tower is to be located.
2.
Measurement of tower separation distances for the purpose of compliance with this Section shall be measured from the center of a tower to the closest point of a designated area as specified in the table above set forth.
3.
Separation distances set forth in this Subparagraph may be reduced for towers designed for the collocation of telecommunications facilities of other carriers by obtaining an exception to said distances for towers not requiring a building permit by demonstrating to the City Code Official:
4.
Additionally, the applicant must demonstrate that:
a.
The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located and that landscaping techniques will be used to screen the tower from any adjacent residential use; and
b.
The proposed tower will accommodate at least one (1) additional carrier of various telecommunications services.
5.
The Planning and Zoning Commission shall consider the information presented by the applicant and determine if a special exception would conflict with the purposes of this Section, would create a blight on adjacent property or interfere with adjacent uses within the separation area. If the tower requires a conditional use permit, then said showing shall be made to the Planning and Zoning Commission and Board of Aldermen as a part of the conditional use permit process.
6.
Proposed towers must meet the following minimum separation requirements from towers existing at the time a permit is granted unless constructed for the purpose of providing collocation capacity on the same site as another tower designed for the same purpose, the second (2nd) tower is permitted by the zoning district, and the height of the second (2nd) tower does not exceed the height permitted in the zoning district where the tower is to be located. However, an exception from separation distances between towers may be obtained from the Planning and Zoning Commission if the applicant can demonstrate that such an exception is necessary for the engineering design of the system the tower is to be a part of, or that no other option is available to provide coverage for the service area, or the tower is designed for collocation of telecommunications facilities or joint use by carriers.
Existing Towers — Types | |||||
|---|---|---|---|---|---|
Lattice or guyed 150 feet in height or greater | Lattice or guyed less than 150 feet in height | Monopole towers 75 feet in height or greater | Monopole towers less than 75 feet in height | ||
Proposed Towers/ Types | Lattice | 3,000 feet | 2,500 feet | 1,500 feet | 750 feet |
Guyed | 3,000 feet | 2,500 feet | 1,500 feet | 750 feet | |
Monopole 75 feet in height or greater | 1,500 feet | 1,500 feet | 1,500 feet | 750 feet | |
Monopole less than 75 feet in height | 750 feet | 750 feet | 750 feet | 750 feet | |
For the purpose of this Subsection, the separation distances shall be measured by drawing or following a straight line between the center of the existing tower and the center, pursuant to a site plan, of the proposed tower. |
E.
Method Of Determining Tower Height. The height of the tower shall be measured as follows: the vertical distance between the highest point of the tower and the natural grade below this point.
F.
Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA) and provisions of the City Code except that seasonal lighting may be permitted as approved by the City. At time of construction of a tower dual mode lighting shall be requested from the FAA in cases where there are residential uses located within a distance which is three hundred percent (300%) of the height of the tower from the tower.
G.
Finished Color. Towers not requiring FAA painting or marking shall have either a galvanized steel finish or be painted an almond, light gray, silver or white finish.
H.
Fencing And Screening. Fences must be constructed around or upon parcels containing towers, antenna towers or telecommunications facilities and shall be constructed in accordance with Chapter 420, Landscaping and Screening.
I.
Landscaping. All landscaping on parcels containing towers, antenna towers or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna tower or telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. However, the City may require additional landscaping if to do so would make the tower, antenna tower or telecommunications facility more reasonably compatible with the surrounding area, but in no event shall additional landscaping exceed the requirements as set out in Section 411.035. All vegetation used in the landscaping shall be located outside any fenced area.
J.
Security. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities.
K.
Access. All parcels upon which towers are located must provide access to at least two (2) vehicular parking spaces located within one hundred (100) feet of the tower. Traffic associated with the facility shall not adversely affect traffic on adjacent streets.
L.
Maintenance.
1.
Permittees shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
2.
Permittees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, State and local regulations and in such manner that will not interfere with the use of other property.
3.
All towers, telecommunications facilities and antenna towers shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
M.
Drainage. All parcels upon which towers are located must contain adequate drainage facilities which are approved by the Land Use Administrator.
Section 411.039 Abandonment of Tower.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
In the event the use of any tower has been discontinued for a period of two (2) years, such tower shall be deemed abandoned.
B.
The City shall provide the tower owner three (3) months' notice and an opportunity to be heard before the Planning and Zoning Commission before declaring the tower abandoned. In the event the tower owner provides evidence of intended use of the tower, an extension of no more than one (1) year may be granted.
C.
The City shall provide the tower owner with the right to a public hearing before the Planning and Zoning Commission, which public hearing shall follow the three (3) months' notice. All interested parties shall be allowed an opportunity to be heard at the public hearing.
D.
After a public hearing is held pursuant to this Section, the Planning and Zoning Commission may order the removal or demolition of the tower. The Planning and Zoning Commission's final decision shall be subject to judicial review pursuant to Chapter 536, RSMo.
Section 411.041 Commercial Operation of Unlawful Tower or Antenna.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
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 new antenna, tower or disguised support structure in violation of any provision of this regulation, regardless of whether such antenna or structure is located on land owned by a governmental entity.
Section 411.043 Penalty.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Any person violating this provision shall be subject to a fine of not more than five hundred dollars ($500.00) or ninety (90) days in jail, or both. Each day the violation continues shall constitute a separate offense.
Section 411.045 Severability.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
If any Section, Subsection, sentence, clause, phrase or portion of this regulation is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Section 411.047 Repeal of Laws in Conflict.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
This regulation supersedes all ordinances or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict.