[Ord. No. 444 §A, 2-15-2000]
A.
The purposes
of this Chapter are to:
1.
Provide
for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of Greendale;
2.
Minimize
adverse visual impacts of antennas and antenna support structures
through the careful design, siting, landscape screening and innovative
camouflaging techniques;
3.
Maximize
the use of existing and new antenna support structures so as to minimize
the need to construct new or additional facilities;
4.
Maximize
and encourage the use of disguised support structures so as to ensure
the architectural integrity of designated areas within the City and
the scenic quality of protected natural habitats.
[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.
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.
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.
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.
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]
A.
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:
1.
Building codes and safety standards. All antennas and antenna
support structures shall meet or exceed the standards and regulations
contained in applicable State and local building and electrical codes
as well as the applicable standards published by the Electronics Industries
Association, as amended from time to time.
2.
Regulatory compliance. All antennas and antenna support
structures shall meet or exceed current standards and regulations
of the FAA, FCC and any other Federal or State agency with the authority
to regulate antennas and support structures. Should such standards
or regulations be amended, then the owner shall bring such devices
and structure into compliance with the revised standards or regulations
within six (6) months of the effective date of the revision unless
an earlier date is mandated by the controlling agency.
3.
Security. All 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.
4.
Lighting. Antenna support structures shall not be lighted
unless required by the FAA or other Federal or State agency with authority
to regulate, in which case a description of the required lighting
scheme will be made a part of the application for conditional use
permit.
5.
Advertising. Unless a disguised support structure is in
the form of a standard outdoor advertising structure, the placement
of advertising on antenna support structures is prohibited.
6.
Design.
a.
Guyed towers are prohibited absent a determination by the Board of Alderpersons as provided in Sections 420.050(E)(2) or 420.050(E)(3) of this Chapter.
b.
Antenna
support structures except disguised support structures, shall maintain
a galvanized steel finish or subject to the requirements of the City
or the FAA, FCC or any applicable Federal or State agency, be painted
a neutral color consistent with the natural or built environment of
the site.
c.
Shelters
or cabinets shall have an exterior finish compatible with the natural
or built environment on the site and shall also comply with such other
reasonable design guidelines as may be required by the City.
d.
Antennas
attached to a building or disguised support structure shall be of
a color identical to or closely compatible with the surface to which
they are mounted.
e.
Towers
shall be surrounded by a landscape strip of not less than ten (10)
feet in width and planted with materials which will provide a visual
barrier to a minimum height of six (6) feet. Said landscape strip
shall be exterior to any security fencing. In lieu of the required
landscape strip, a minimum six (6) foot high decorative fence or wall
may be approved by the City upon demonstration by the applicant that
an equivalent degree of visual screening is achieved.
7.
Location and setback.
a.
No antenna support structures, excluding disguised support structures, shall be located within one-half (½) mile of another pre-existing antenna support structure, with the distance being measured from the center of the base of the existing structure to the center of the base of the proposed structure. 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.
b.
The
minimum setback from all adjoining property lines shall be that required
for principal structures in the applicable zoning district, plus one
(1) additional foot for every one (1) foot in height of the antenna
support structure.
8.
Height. Antenna support structures shall not exceed a height of seventy-two (72) feet in any of the City's zoning districts, unless a different height is authorized because of the application of 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.
9.
Co-Use. Prior to the issuance of any conditional use permit
the applicant shall:
a.
Submit
a notarized statement agreeing to make the proposed antenna support
structure available for use by others, subject to reasonable technical
limitations and financial terms.
b.
Furnish
an inventory of all known antenna support structures 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.
c.
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.
d.
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.
e.
The
willful and knowing failure of an applicant to agree to co-use or
to negotiate in good faith with potential co-users may be cause for
either 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.
10.
Site selection.
a.
Sites in the City's non-residential districts are preferred. Sites in any residential district in the City are prohibited absent a determination of necessity by the Board of 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.
b.
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.
c.
Antennas
and antenna support structures should be located to minimize any adverse
effect they may have on neighboring property values.
d.
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.
11.
Building mounted antennas.
a.
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.
b.
Such
antennas generally shall not protrude more than twenty (20) feet from
the top of the structure absent either:
(1)
If the zoning district's height requirements are not violated, a
finding by the director that the proposed antenna poses no detrimental
effect;
(2)
If the zoning district's height requirements are violated, a determination by the Board of Alderpersons as provided in Section 420.050(E)(2) or Section 420.050(E)(3).
12.
Miscellaneous.
a.
If a guyed tower is authorized by the Board of Alderpersons pursuant to Sections 420.050(E)(2) or 420.050(E)(3), its ground anchors shall be located on the same parcel as the tower and such anchors shall meet the setbacks prescribed in Section 420.030(7) hereof.
b.
Vehicle
or outdoor storage on the site of any antenna support structure is
prohibited.
c.
On-site
parking for periodic maintenance and service shall be provided at
all locations of antenna support structures.
d.
Prior
to the issuance of any 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.
e.
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.
f.
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]
A.
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:
1.
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.
2.
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.
3.
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.
4.
The
one time replacement of any antenna support structure existing on
the effective February 15, 2000, or subsequently approved in accordance
with these regulations.
B.
The following
uses are not permitted uses and require the issuance of a conditional
use permit:
1.
The
construction of any antenna support structure or the alteration or
modification of any antenna support structure.
2.
The
attachment of additional antennas to any antenna support structure
existing on 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.
3.
The
mounting of antennas on any building when said mounting would exceed
the height limit of the applicable zoning district.
4.
Any
other use not specifically permitted herein.
C.
Application Procedures. Applications for administrative
permits shall conform to the following:
1.
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.
2.
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.
3.
The
application shall be reviewed by the director to determine compliance
with all applicable standards established in this Chapter. The director
may:
a.
Request
additional information from the applicant consistent with said standards;
and
b.
Transmit
the application for review and comment by other departments and public
agencies which may be affected by the proposed facility, and in either
case the application shall not be deemed to be complete until such
information is received.
4.
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]
A.
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.
B.
Applications. In addition to all other filing requirements, the application shall include such information as is required or may otherwise be responsive to the criteria and preferences established in Section 420.030 hereof.
C.
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.
D.
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:
1.
Whether the application and proposed antenna support structure or other proposal meets the general criteria and preferences of Section 420.030 of this Chapter.
2.
Whether
existing antenna support structures or buildings are located within
the geographic network area necessary to meet the applicant's system
engineering requirements.
3.
Whether
such existing antenna support structures or buildings are of sufficient
height to meet system engineering requirements.
4.
Whether
such existing antenna support structures or buildings have sufficient
structural strength to support the applicant's proposed antenna(s).
5.
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).
6.
Whether
the proposed antenna would experience or cause signal interference
with antennas on existing antenna support structures or buildings.
7.
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.
8.
Whether
there are other limiting conditions that render existing antenna support
structures or buildings within the applicant's required geographic
area unsuitable.
E.
Determination.
1.
If the Board of 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.
2.
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.
3.
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.
4.
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.
F.
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.
