[Ord. No. 444 §A, 2-15-2000]
The purposes of this Chapter are to:
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Greendale;
Minimize adverse visual impacts of antennas and antenna support structures through the careful design, siting, landscape screening and innovative camouflaging techniques;
Maximize the use of existing and new antenna support structures so as to minimize the need to construct new or additional facilities;
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. 444 §B, 2-15-2000]
As used in this Chapter, the following terms shall have the following meanings:
- Any device or array that transmits and/or receives electromagnetic signals for voice, data or video communication purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications, but excluding satellite earth stations less than six (6) feet in diameter, any receive-only home television antennas and any antenna supported by a structure not greater than seventy-two (72) feet in height which is owned and operated by an amateur radio operator licensed by the FCC.
- ANTENNA SUPPORT STRUCTURE
- 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. For purposes of this Chapter 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 Chapter.
- A casting or console, not to include a shelter, used for the protection and security of communications equipment associated with one (1) or more antennas, where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.
- The location and use of two (2) or more antenna on a single antenna supporting structure.
- The Building Commissioner of the City of Greendale or his/her designee.
- DISGUISED SUPPORT STRUCTURE
- Any freestanding, manmade structure designed for the support of antennas, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, pylon sign structures, water towers, artificial trees, flag poles and light standards.
- The Federal Aviation Administration.
- The Federal Communications Commission.
- FREESTANDING TOWER
- A tower designed and constructed to stand alone on its own foundation and free of architectural or supporting frames or attachments including, but not limited to, self-supporting (lattice) towers and monopoles.
- The vertical distance measured from the base of a structure at ground level to its highest point, including the main structure and all attachments thereto.
- A building for the protection and security of communications equipment associated with one (1) or more antennas where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.
- STANDARD OUTDOOR ADVERTISING STRUCTURES
- All signs which advertise products, services or businesses which are not located on the same premises as the sign, including billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground.
- A structure designed for the support of one (1) or more antennas, including self-supporting (lattice) towers, monopoles or other freestanding towers or guyed towers, but not disguised support structures or buildings.
[Ord. No. 444 §C, 2-15-2000]
General Criteria and Preferences. A conditional use permit shall be necessary to construct, alter or modify any antenna support structure or to mount any antenna on any building or other structure in any zoning district in the City of Greendale, unless otherwise provided in this Chapter. The general criteria and preferences for granting same and the regulations governing antenna support structures shall be as follows:
Building codes and safety standards. All antennas and antenna support structures shall meet or exceed the standards and regulations contained in applicable State and local building and electrical codes as well as the applicable standards published by the Electronics Industries Association, as amended from time to time.
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.
Security. All antenna support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of any permit as deemed necessary by the Director or the Board of Alderpersons.
Lighting. Antenna support structures shall not be lighted unless required by the FAA or other Federal or State agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application for conditional use permit.
Advertising. Unless a disguised support structure is in the form of a standard outdoor advertising structure, the placement of advertising on antenna support structures is prohibited.
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.
Shelters or cabinets shall have an exterior finish compatible with the natural or built environment on the site and shall also comply with such other reasonable design guidelines as may be required by the City.
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.
Towers shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six (6) foot high decorative fence or wall may be approved by the City upon demonstration by the applicant that an equivalent degree of visual screening is achieved.
Location and setback.
No antenna support structures, excluding disguised support structures, shall be located within one-half (½) mile of another pre-existing antenna support structure, with the distance being measured from the center of the base of the existing structure to the center of the base of the proposed structure. Absent a determination by the Board of Alderpersons as provided in Sections 420.050(E)(2) or 420.050(E)(3), antenna support structures, except disguised support structures, shall not be located within five hundred (500) feet of any residential structure or any parcel of property used as a park, playground, school, library, hospital, church, historic district, landmark, cemetery or an area on the National Register of Historic Places.
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.
Height. Antenna support structures shall not exceed a height of seventy-two (72) feet in any of the City's zoning districts, unless a different height is authorized because of the application of Section 420.030(9)(c) or because of a determination of the Board of Alderpersons pursuant to Section 420.050(E)(2) or Section 420.050(E)(3) hereof.
Co-Use. Prior to the issuance of any conditional use permit the applicant shall:
Submit a notarized statement agreeing to make the proposed antenna support structure available for use by others, subject to reasonable technical limitations and financial terms.
Furnish an inventory of all known antenna support structures and potential building sites located within one-half (½) mile of the proposed structure site, identifying the owner of same as well as the antenna support structure's type and reference name or number, if applicable, and the street location, latitude and longitude, height, type and mounting heights of existing antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets. The applicant shall further demonstrate that he/she has requested co-use of each existing building or antenna support structure from the owner thereof and/or shall indicate why such co-use is inappropriate or was otherwise not allowed.
Antenna support structures may be constructed or modified so as to exceed the height limitations provided in Section 420.030(8) hereof to accommodate co-use. An applicant may request an extension of twenty (20) additional feet per co-user, whether actual or anticipated, up to a limit of forty (40) additional feet. The City may also require the applicant of new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.
In the event that a conditional use permit is granted for the construction of a new antenna support structure, the applicant shall notify in writing any other known potential service providers in that area that the structure will be available for co-use. Said notices shall issue on or before the day on which the applicant submits to the City an application for building permit for the structure. The notice shall allow potential co-users thirty (30) days within which to express any interest in co-use, during which time the applicant shall not commit to a design for the structure which precludes co-use, and the City shall not issue a building permit until such time has expired.
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.
Sites in the City's non-residential districts are preferred. Sites in any residential district in the City are prohibited absent a determination of necessity by the Board of Alderpersons pursuant to Section 420.050(E)(3). Within any zoning district, existing antenna support structures and buildings are preferred, as are locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.
Antennas and antenna support structures should be architecturally and visually (color, bulk, size) compatible with surrounding existing buildings, structures, vegetation, and/or uses in the area or those likely to exist under the regulations of the underlying zoning district.
Antennas and antenna support structures should be located to minimize any adverse effect they may have on neighboring property values.
Antennas and antenna support structures should be located to avoid a dominant silhouette on ridge lines, and preservation of view corridors of surrounding residential developments should be considered.
Building mounted antennas.
Antennas mounted on buildings should be made to appear as unobtrusive as possible. Such antennas should be located as far away as feasible from the edge of the building and should be painted a color consistent with the natural or built environment of the site.
Such antennas generally shall not protrude more than twenty (20) feet from the top of the structure absent either:
If the zoning district's height requirements are not violated, a finding by the director that the proposed antenna poses no detrimental effect;
Vehicle or outdoor storage on the site of any antenna support structure is prohibited.
On-site parking for periodic maintenance and service shall be provided at all locations of antenna support structures.
Prior to the issuance of any conditional use permit the applicant shall demonstrate how the proposed site fits into the applicant's overall telecommunications network in the St. Louis County area.
Any antenna support structure no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the antenna support structure and any related facilities. In the case of co-use, this provision shall not become effective until all users cease operations. Any antenna support structure not in use for a period of ninety (90) days shall be deemed a public nuisance and may be removed by the City at the owner's expense.
Prior to the issuance of an administrative or conditional use permit the City may require indemnification and bonding as the City deems appropriate.
[Ord. No. 444 §D, 2-15-2000]
Permitted Uses. Upon receipt of an appropriate building permit and an administrative permit as provided herein, the following may be allowed without the issuance of a conditional use permit:
The mounting of antennas on any existing building or standard outdoor advertising structure, provided that the antennas do not exceed the height limit established by the applicable zoning district regulations, and provided further that each such antenna is concealed by architectural elements or camouflaged by painting a color matching the surface to which they are attached.
The installation of antennas or the construction of an antenna support structure on buildings on land owned by the City of Greendale in conjunction with the approval of a lease agreement by the Board of Alderpersons.
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.
The one time replacement of any antenna support structure existing on the effective February 15, 2000, or subsequently approved in accordance with these regulations.
The following uses are not permitted uses and require the issuance of a conditional use permit:
The construction of any antenna support structure or the alteration or modification of any antenna support structure.
The attachment of additional antennas to any antenna support structure existing on February 15, 2000, or subsequently approved in accordance with these regulations which requires a height extension of the existing structure beyond the limits provided herein.
The mounting of antennas on any building when said mounting would exceed the height limit of the applicable zoning district.
Any other use not specifically permitted herein.
Application Procedures. Applications for administrative permits shall conform to the following:
Applications shall be made on the appropriate forms to the director and as provided herein and shall be accompanied by payment of a fee to be established by the Board of Alderpersons. Applications shall be deemed received by the director upon completion, as determined by the director.
An application in conjunction with Subsection (A) of this Section shall include a detailed site plan based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements, including buildings, drives, walkway, parking areas and other structures, and also indicating public rights-of-way, the zoning categories of the host parcel and adjoining properties, the location of buffer and landscape areas, hydrologic features, and the coordinates and height of the proposed structure.
The application shall be reviewed by the director to determine compliance with all applicable standards established in this Chapter. The director may:
Request additional information from the applicant consistent with said standards; and
Transmit the application for review and comment by other departments and public agencies which may be affected by the proposed facility, and in either case the application shall not be deemed to be complete until such information is received.
The director shall issue a decision on the permit within sixty (60) days of the date on which the application is deemed complete and received by the director 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 his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens of the City. A decision to deny an application shall be made in writing and shall state the specific reasons for the denial.
[Ord. No. 444 §E, 2-15-2000]
Generally. Applications for conditional use permits shall be filed, processed, reviewed and decided in the manner and time frame established for appeals to the Board of Adjustment as set out in Chapter 405, Art. V, Sections 405.130 et seq, except as may be supplemented by this Section and except that all hearings shall be conducted by the Board of Alderpersons with the Mayor presiding.
Applications. In addition to all other filing requirements, the application shall include such information as is required or may otherwise be responsive to the criteria and preferences established in Section 420.030 hereof.
Public Hearing. The public hearing required by Chapter 405, Art. V, Sections 405.130 et seq, 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 Alderpersons may exercise its discretion to continue the public hearing for the purpose of accepting additional oral or documentary evidence into the record for consideration.
Findings Required. In addition to any other considerations required by this Chapter, before issuing a conditional use permit for any antenna support structure the Board of Alderpersons shall consider and determine the following based upon the evidence submitted:
Whether the application and proposed antenna support structure or other proposal meets the general criteria and preferences of Section 420.030 of this Chapter.
Whether existing antenna support structures or buildings are located within the geographic network area necessary to meet the applicant's system engineering requirements.
Whether such existing antenna support structures or buildings are of sufficient height to meet system engineering requirements.
Whether such existing antenna support structures or buildings have sufficient structural strength to support the applicant's proposed antenna(s).
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).
Whether the proposed antenna would experience or cause signal interference with antennas on existing antenna support structures or buildings.
Whether the fees, costs, or other contractual terms required by an owner to lease, modify or otherwise provide the 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.
Whether there are other limiting conditions that render existing antenna support structures or buildings within the applicant's required geographic area unsuitable.
If the Board of Alderpersons determines that, in light of the considerations noted in Section 420.050(D), an application meets the criteria and preferences established in Section 420.030 hereof and otherwise is in accordance with this Chapter, the Board shall grant a conditional use permit, subject to whatever conditions the Board deems appropriate.
The Board may determine that although an application does not meet the strict requirements of the criteria and preferences established in Section 420.030, the general purpose and intent of said criteria and preferences are not offended because of the particular circumstances presented. If such a determination is made, the Board may vary the application of the criteria and preferences and grant a conditional use permit, subject to whatever conditions the Board deems appropriate.
The Board may determine that in light of the consideration noted in Section 420.050(D), the City's prescribed criteria and preferences effectively would preclude the applicant's reception and/or transmission of signals and that the applicant's proposed location and height are a matter of absolute engineering and economic necessity in order to ensure the completion of the applicant's network. If such a determination is made, the Board may grant a conditional use permit, subject to whatever conditions the Board deems appropriate.
Any decision by the Board of Alderpersons to deny a conditional use permit shall be in writing, based upon the evidence adduced, and shall make specific findings of fact consistent with the criteria, preferences and considerations established herein.
Appeal. Appeals from the Board's denial of a conditional use permit shall be taken to the Circuit Court of St. Louis County or to any court or agency allowed by Federal law, specifically the Telecommunications Act of 1996.