[Ord. No. 2115 §1, 9-9-1997]
A.
The
purposes of this Chapter are to:
1.
Provide for the appropriate location and development of communications
facilities and systems to serve the citizens and businesses of the
City of Shrewsbury by conserving the value of land and buildings;
2.
Minimize adverse visual impacts of telecommunications towers, antennas
and support structures through the careful design, siting, landscape
screening and innovative camouflaging techniques;
3.
Maximize the use of existing and new towers, antennas and 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.
[Ord. No. 2115 §1, 9-9-1997]
As used in this Chapter, the following terms shall have the
meanings and usages indicated:
The Zoning Administrator of the City of Shrewsbury or his/her
designee.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes, including but not limited
to television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennas less than six (6) feet in diameter and any receive-only home
television antennas.
A structure for the protection and security of communications
equipment associated with one (1) or more antennas where direct access
to equipment is provided from the exterior and the horizontal dimensions
of which do not exceed four (4) feet by six (6) feet, with a maximum
height of eight (8) feet.
Any free-standing, man-made structure designed for the support
of communications 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 signs, water towers, light standards, flag poles and
artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of the structure
at ground level to its highest point and 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 and where access
to equipment is gained from the interior of the building.
A structure designed for the support of one (1) or more antennas
and including guyed towers, self-supporting (lattice) towers or monopoles,
but not disguised support structures or buildings. The term shall
also not include any support structure under fifty (50) feet in height
owned and operated by an amateur radio operator licensed by the Federal
Communications Commission.
[Ord. No. 2115 §1, 9-9-1997]
A.
The
requirements set forth in this Section shall be applicable to all
antenna support structures installed, built or modified after the
effective date of this Chapter, September 9, 1997, and to the full
extent permitted by law.
1.
Principal or incidental use. Antennas and support
structures may be either a principal use in all zoning districts or
an incidental use to existing multi-family, institutional or non-residential
uses, subject to any applicable district requirement relating to location
or setback.
2.
Building codes and safety standards. To ensure the
structural integrity of antenna support structures, the owner shall
see that it is constructed and maintained in compliance with all standards
contained in applicable State and local Building Codes and the applicable
standards published by the Electronics Industries Association, as
amended from time to time.
3.
Regulatory compliance. All antennas and support
structures shall meet or exceed current standards and regulations
of the FAA, FCC and any other State or Federal agency with the authority
to regulate communications antennas and support structures. Should
such standards or regulations be amended, then the owner shall bring
such devices and structures into compliance with the revised standards
or regulations within the time period mandated by the controlling
agency.
4.
Security. All antennas and 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 a Building Permit or Administrative Permit (as provided for in Section 436.050 below) as deemed necessary by the Administrator or by the Planning and Zoning Commission in the case of a Special Use Permit (as provided for in Section 436.060 below).
5.
Lighting. Antennas and support structures shall
not be lighted unless required by the FAA or other State or Federal
agency with authority to regulate, in which case a description of
the required lighting scheme will be made a part of the application
to install, build or modify the antenna or support structure.
6.
Construction standards.
a.
Setbacks. All antenna support structures shall be
set back a distance equal to at least seventy-five percent (75%) of
the height of the tower or antenna support structure. Setback requirements
for towers or antenna support structures shall be measured from the
base of the tower or antenna support structure to the property line
of the parcel on which it is located.
(1)
Ground anchors of all guyed towers or antenna support structures
shall be located on the same parcel as the tower or antenna support
structure and meet the setbacks of the applicable zoning district.
b.
Separation or "buffer" requirements.
(1)
Separation from designated areas.
(a)
All antenna support structures shall be separated from the types
of areas designated below in compliance with the minimum standards
established in the table set forth immediately below:
|
Designated Area
|
Separation Distance
| |
|---|---|---|
|
Single-family residential district1
|
300 feet or 100% height of tower or antenna support structure,
whichever is greater
| |
|
Vacant single-family zoned land which is either platted or has
preliminary subdivision plan approval which is not expired
|
300 feet or 100% height of tower or antenna support structure2, whichever is greater
| |
|
Vacant unplatted residentially zoned land and residential units
in non-residential zoned districts3
|
200 feet or 100% of tower or antenna support structure, whichever
is greater
| |
|
Existing multi-family residential units
|
100 feet or 100% height of tower or antenna support structure,
whichever is greater
| |
|
Non-residentially zoned lands or non-
residential uses
|
None; only setbacks apply
| |
|
1
|
Includes modular homes and mobile homes used for living purposes.
| |
|
2
|
Separation measured from base of tower or antenna support structure
to closest building setback line.
| |
|
3
|
Includes any unplatted residential use properties without a
valid preliminary subdivision plan or valid development plan approval
and any multi-family residentially zoned land.
| |
(b)
Measurement of tower or antenna support structure separation
distances for the purpose of compliance with this Section shall be
measured from the base of a tower or antenna support structure to
the closest point of a Designated Area as specified in the table above
set forth, unless otherwise indicated.
(c)
Separation distances set forth in this Subsection may be reduced
for towers or antenna support structures designed for the shared use
of telecommunications facilities of other carriers by obtaining an
exception to said distances by demonstrating to the Board of Aldermen
that the separation distances will:
(i)
Have the effect of preventing service to an area of the City;
(ii)
Constitute a barrier to entry into the market
place by the applicant;
(iii)
Will constitute a technical or economic hardship
on the applicant;
(iv)
The location, shape, appearance or nature of use
of the proposed tower or antenna support structure will not substantially
detract from the aesthetics of the area nor change the character of
the neighborhood in which the tower or antenna support structure is
proposed to be located;
(v)
That landscaping techniques will be used to screen the tower
or antenna support structure from any adjacent residential use; and
(vi)
The proposed tower or antenna support structure
will accommodate at least two (2) additional carriers of various telecommunications
services.
|
The Board of Aldermen shall consider the information presented
by the applicant and determine if a special exception would conflict
with the purposes of this Section, create a blight on adjacent property,
or interfere with adjacent uses, within the separation area.
|
(2)
Separation distances between antenna support structures.
(a)
Proposed towers or antenna support structures must meet the
following minimum separation requirements from towers or antenna support
structures existing at the time a permit is granted pursuant to this
Chapter. However, an exception from separation distances between towers
or antenna support structures may be obtained from the Board of Aldermen
if the applicant can demonstrate that such an exception is necessary
for the engineering design of the system the tower or antenna support
structure is to be a part of and that no other option is available
to provide coverage for the service area.
|
EXISTING TOWER AND ANTENNA SUPPORT STRUCTURE TYPES
| |||||
|---|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole
75 ft. in height or greater
|
Monopole
Less than 75 ft. in height
| ||
|
Proposed Antenna Support Structure Types
|
Lattice
|
3,000 ft.
|
2,500 ft.
|
1,500 ft.
|
750 ft.
|
|
Guyed
|
3,000 ft.
|
2,500 ft.
|
1,500 ft.
|
750 ft.
| |
|
Monopole
75 ft. in height or greater
|
1,500 ft.
|
1,500 ft.
|
1,500 ft.
|
750 ft.
| |
|
Monopole
Less than 75 ft. in height
|
750 ft.
|
750 ft.
|
750 ft.
|
750 ft.
| |
|
|
For the purpose of this Subsection, the separation distance
shall be measured by drawing or following a straight line between
the base of the existing structure and the proposed base, pursuant
to a site plan, of the proposed tower or antenna support structure.
|
(b)
Construction standards not applicable to City-owned
or occupied property. Nothing in Subsection (6), Construction Standards, of Section 436.030 above shall apply to towers and antenna support structures proposed to be constructed on City-owned or occupied property, but such towers and antenna support structures shall be subject to the procedures for public hearings set forth in Sections 436.040, 436.050 or 436.060 below, depending upon the type of permit required.
7.
Advertising. Unless a disguised antenna support
structure in the form of an otherwise lawfully permitted pylon sign,
the placement of advertising on towers or antenna support structures
regulated by this Chapter is prohibited.
8.
Design.
a.
Towers or antenna support structures 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.
b.
Equipment shelters or cabinets shall have an exterior finish compatible
with the natural or built environment of the site and shall also comply
with any design guidelines as may be applicable to the particular
zoning district in which the facility is located.
c.
Towers or antenna support structures shall not exceed the height
limitation of any airport overlay zone as may be adopted by the City
or FAA.
d.
Antennas attached to a building or disguised antenna support structure
shall be of a color identical to or closely compatible with the surface
to which they are mounted.
e.
All towers or antenna support structures 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 Administrator
in the case of a Building or Administrative Permit, or by the Board
of Aldermen in the case of a Special Use Permit upon demonstration
by the applicant that an equivalent degree of visual screening is
achieved.
f.
Vehicle or outdoor storage on or in any tower or antenna support
structure site is prohibited.
g.
On-site parking for periodic maintenance and service shall be provided
at all antenna, tower or antenna support structure locations.
9.
Shared use.
a.
Prior to the issuance of any permit to alter or modify any tower
or antenna support structure existing on the effective date of this
Chapter, September 9, 1997, the owner shall provide to the City a
written and notarized statement agreeing to make said towers or antenna
support structures available for use by others subject to reasonable
technical limitations and reasonable financial terms. The willful
and knowing failure of a tower or antenna support structure owner
to agree to shared use or to negotiate in good faith with potential
users shall be cause for the withholding of future permits to the
same owner to install, build or modify antennas, towers or antenna
support structures within the City.
b.
Prior to the issuance of any permit to install, build or modify any
tower or antenna support structure, the tower or antenna support structure
owner shall furnish the Administrator an inventory of all that owner's
towers or antenna support structures in or within one-half (½)
mile of the City limits of Shrewsbury. The inventory shall include
the tower's or antenna support 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 equipment shelters.
c.
Any new tower or antenna support structure approved at a height of
one hundred (100) feet above ground level ("AGL") or higher shall
be designed and constructed to accommodate at least one (1) additional
user unless a larger number is indicated by the response to the notification
provisions herein (see Paragraphs (d—e) below) or otherwise.
The willful and knowing failure of the owner of a tower or antenna
support structure built for shared use to negotiate in good faith
with potential users shall be cause for the withholding of future
permits to the same owner to install, build or modify antennas, towers
or antenna support structures within the City.
d.
Prior to any application for the construction of a new tower or disguised
support structure, a copy of the application or a summary containing
the height, design, location, type and frequency of antennas and antenna
support structures shall be delivered by certified mail to all known
potential tower and antenna support structure users as identified
by a schedule maintained by the Administrator. Proof of such delivery
shall be submitted with the application to the City. The Administrator
shall make available for any user of towers or antenna support structures
or prospective user to be placed on the list to receive notification
of applications. The Administrator shall, before deciding on the application
or forwarding it to the Planning and Zoning Commission for consideration,
allow all persons receiving notice at least ten (10) business days
to respond to the City and the applicant that the party receiving
notice be permitted to share the proposed tower or antenna support
structure. The failure of the receiving party to respond to any such
notice shall be considered in reviewing any subsequent requests for
new towers or antenna support structures proposed by the notified
party.
e.
Any party seeking shared use of a tower or antenna support structure
subject to this provision shall, after responding to notice of an
application, negotiate with the applicant for such use. The applicant
may on a legitimate and reasonable business basis choose between multiple
requests for shared use on the same tower or antenna support structure,
and may reject any request, where legitimate, technical obstacles
cannot be reasonably overcome or where the party requesting shared
use will not agree to reasonable financial terms. Any party believing
that the applicant has breached its duty to negotiate in good faith
for shared use shall immediately notify the applicant and Administrator
in writing. Such notice of breach of duty shall explain the precise
basis for the claim and shall be accompanied by payment of an administrative
review fee of five hundred dollars ($500.00) to the City to offset
the cost of review. After the applicant's receipt of the notice, the
applicant shall have ten (10) calendar days to provide a written submission
to the Administrator responding to the alleged violation of the shared
use requirement. If deemed necessary by the Administrator, he/she
may engage, at the cost of the party alleging the violations, a neutral,
qualified technical consultant to provide an opinion on feasibility
or costs of the shared use request. If the Administrator receives
a notice alleging a violation of the shared use requirement, the time
for a decision on an Administrative Permit is automatically extended
for up to thirty (30) days until the Administrator has determined
that the applicant has complied. An application for Special Use Permit
shall not be deemed complete for acceptance until a decision on compliance
is reached. The Administrator may reject the application upon a finding
that shared use has been improperly denied.
[Ord. No. 2115 §1, 9-9-1997]
A.
Upon receipt of the appropriate Building Permit and following a duly published public hearing by the Board of Aldermen pursuant to Section 405.060 and written notice to all property owners within five hundred (500) feet of the proposed tower, the following are allowed:
1.
The attachment of additional or replacement antennas or shelters
to any tower or antenna support structure existing on the effective
date of this Chapter, September 9, 1997, or subsequently approved
in accordance with these regulations, provided that additional equipment
shelters or cabinets are located within the existing tower or antenna
support structure compound area.
2.
The mounting of antennas on any existing building or structure such
as a water tower, provided that the presence of the antennas is concealed
by architectural elements or camouflaged by painting a color identical
to the surface to which they are attached.
3.
The mounting of antennas on or within ten (10) feet above any existing
high-voltage electric transmission tower.
4.
The installation of antennas or the construction of a tower or antenna
support structure on buildings or land owned by the City following
the approval of a lease agreement by the Board of Aldermen.
[Ord. No. 2115 §1, 9-9-1997]
A.
Prior to the issuance of a Building Permit and following a duly published public hearing by the Board of Aldermen pursuant to Section 405.060 and written notice to all property owners within five hundred (500) feet of the proposed tower, an Administrative Permit approved by the Administrator shall be obtained for the following:
1.
The attachment of additional or replacement antennas or shelters
to any tower or antenna support structure existing on the effective
date of this Chapter, September 9, 1997, or subsequently approved
in accordance with these regulations and requiring the enlargement
of the existing tower or antenna support structure compound area as
long as all other requirements of this Chapter and the underlying
zoning district are met.
2.
The one-time replacement of any tower or antenna support structure
existing on the effective date of this Chapter, September 9, 1997,
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 or antenna
support structure 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 only be replaced with
a monopole. The height of the new tower or antenna support structure
may exceed that of the original by not more than twenty (20) feet.
Subsequent replacements shall require the approval of a Special 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 disguised support structure is incidental to an
industrial, commercial, institutional or other non-residential use.
4.
The installation of antennas or the construction of a tower or disguised
support structure on buildings or land owned, occupied or leased by
the State of Missouri, the City, any agency of the Federal Government
of a local government agency, board or authority.
5.
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.
B.
Application Procedures. Applications for Administrative
Permits shall be made on the appropriate forms to the Administrator
and accompanied by payment of the established fee and shall include:
1.
A detailed site plan, based on a closed boundary survey of the host
parcel, shall be submitted with six (6) copies indicating all existing
and proposed improvements including buildings, drives, walkways, 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, hydraulic features, and the coordinates and height,
AGL, of the existing or proposed tower or antenna support structure.
2.
The application shall be reviewed by the Administrator 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.
3.
The Administrator shall issue a decision on the permit within thirty (30) days of the date of application or the application shall be deemed approved unless the time period for review and action was extended pursuant to (Section 436.030(9)). The Administrator 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 Chapter. The Administrator may consider the factors established in Section 436.060 for granting a Special Use Permit as well as any other considerations consistent with this Chapter. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.
C.
Appeals. Appeals from the decision of the Administrator
shall be made to the Board of Adjustment.
[Ord. No. 2115 §1, 9-9-1997]
A.
All proposals to install, build or modify an antenna, tower or support structure not covered under Sections 436.040 or 436.050 above shall require the approval of a Special Use Permit following a duly published public hearing by the Planning and Zoning Commission.
1.
Applications for Special Use Permits shall be filed and processed in the manner and time frame as established in Section 405.060 of the Zoning Code, Title IV.
2.
Findings required.
a.
In addition to any other determinations specified by Section 405.060 for the consideration of Special Use Permits, the Planning and Zoning Commission shall make findings as to the following based upon evidence submitted with the application or presented during the public hearing by the applicant or others. A decision by the Planning and Zoning Commission to deny an application shall be accompanied by substantial evidence which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. For approval, the written report shall include an affirmative finding for each of the following:
(1)
If the City has adopted a Telecommunications Master Plan Map,
which designates the areas in which the City has determined that the
location of towers or antenna support structures would be appropriate,
(the "Communications Tower Multi-Use Interest Area") and the proposed
tower or antenna support structure is located within the Communication
Tower Multi-Use Interest Area.
(2)
There are other limiting conditions that render existing towers
or antenna support structures, or buildings within the applicant's
required geographic area unsuitable.
(3)
The design of the towers or antenna support structures, including
the antennas, shelters, cabinets and ground layout maximally reduce
visual degradation and otherwise comply with the provisions of this
Chapter.
(4)
The proposal minimizes the number and size of towers or antenna
support structures that will be required in the geographical area
surrounding the proposed site.
(5)
The applicant has attempted to take advantage of available shared
use opportunities provided by this Chapter or otherwise.
b.
In addition, the written report for approval will include an affirmative
finding of at least one (1) of the following:
(1)
There are no existing towers or antenna support structures located
within the geographic area necessary to meet the applicant's engineering
requirements.
(2)
There are no existing towers or antenna support structures or
buildings within the applicant's required geographic area of sufficient
height to meet system engineering requirements.
(3)
There are no existing towers or antenna support structures within
the geographic area which have sufficient structural strength to support
the applicant's proposed antennas.
(4)
The proposed towers, antennas or antenna support structures
would not experience or cause signal interference with antennas on
existing towers or support structures.
(5)
The fees, costs or other contractual terms required by the owner(s)
of existing tower(s), antenna support structure(s), structure(s) or
building(s) within the required geographic area of the applicant or
to retrofit the existing tower(s), antenna support structure(s) or
structure(s) are unreasonable. Costs exceeding that of a new tower
or antenna support structure are presumed to be unreasonable.
3.
Additional limitations.
a.
No tower or antenna support structure shall be approved at a height
exceeding one hundred fifty (150) 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 or antenna support
structure. 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 alternatives are not viable.
b.
If the City has by judicial order or voluntarily agreed to participate
in a multi-municipality commission to coordinate new tower or antenna
support structure applications, an application made pursuant to this
Section shall also be submitted to such Commission simultaneous with
the filing of the request with the City. The Planning and Zoning Commission
may consider any comments from such Commission but shall not allow
a delay in receiving such comments to significantly delay a decision
of the Special Use Permit.
[Ord. No. 2115 §1, 9-9-1997]
A.
Any
tower or antenna support structure or upper portion of a tower or
antenna support structure which is not occupied by active antennas
for a period of twelve (12) months shall be deemed abandoned.
B.
The
City shall provide the tower or antenna support structure owner three
(3) months' notice and an opportunity to be heard before the Board
of Aldermen, before initiating action. After such notice has been
provided, the City shall have the authority to initiate proceedings
to either acquire the tower or antenna support structure and any appurtenances
attached thereto at the then fair market value, to approve the sale
of the tower or antenna support structure to a third (3rd) party or,
in the alternative, to order the demolition of the tower or antenna
support structure and all appurtenances thereto.
C.
The
City shall provide the tower or antenna support structure owner with
the right to a public hearing before the Board of Aldermen, which
public hearing shall follow the three (3) month notice required in
this Section. 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 Board of Aldermen
may order the forfeiture to the City or demolition of the tower or
antenna support structure. The City may require the owner to pay all
expenses necessary to acquire or demolish the tower or antenna support
structure.
[Ord. No. 2115 §1, 9-9-1997]
Notwithstanding any right that may exist for a governmental
entity to operate or construct an antenna, tower or antenna support
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 Chapter, regardless
of whether such antenna or structure is located on land belonging
to a governmental entity.
[Ord. No. 2115 §1, 9-9-1997]
Any person violating this Chapter shall be subject to a fine
of not more than two hundred fifty dollars ($250.00) or ninety (90)
days confinement in jail, or both. Each day the violation continues
shall constitute a separate offense.
