St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 13-091 §1, 11-25-2013]
Notwithstanding any provision to the contrary in Title IV or Title V of the Ordinances of St. Charles County, Missouri, or any other applicable zoning or building regulation, no application for authority, whether by building permit or by zoning authorization such as land use permit, conditional use permit or variance, to erect a new structure that will be at least 80 feet in height above ground or to increase the height of an existing structure so that it will be at least 80 feet in height above ground, may be approved until and unless the requirements of this Chapter have been met.
[Ord. No. 13-091 §1, 11-25-2013]
For the purpose of this Chapter:
COUNTY
Shall mean St. Charles County, Missouri, as owner and operator of the St. Charles County, Digital P25 Land Mobile Radio System for Public Safety and Emergency Communication.
MICROWAVE PATH
Shall mean the three-dimensional Fresnel zone or zones between transmitting and receiving microwave antennas of the St. Charles Emergency Communications System, as mapped by the Geographic Information Systems Service within St. Charles County's Department of Information Systems.
STRUCTURE
Shall mean any object, including a mobile object, subject to regulation and/or permitting under Title IV and/or Title V of the Ordinances of St. Charles County, Missouri.
SYSTEM
Shall mean the St. Charles County Digital P25 Land Mobile Radio System for Public Safety and Emergency Communication.
SYSTEM MANAGER
Shall mean the St. Charles County Emergency Communications System Manager.
[Ord. No. 13-091 §1, 11-25-2013]
Immediately upon receiving any such application, the Department of Community Development or (if authorized by ordinance) other authority responsible for building and zoning approvals, such as a municipal department of building or community development (hereafter "other referring authority") shall refer it to the System Manager for his or her review.
[Ord. No. 13-091 §1, 11-25-2013]
A. 
Upon receiving a referral identified above, the System Manager and other authorities identified below shall take the actions set out herein.
1. 
Preliminary finding of detrimental impact or no detrimental impact. Within ten (10) days of referral, the System Manager shall make a preliminary finding on whether there may be a detrimental impact upon the system's microwave path or paths, and report that determination to the Department of Community Development or other referring authority, with a copy to the developer, owner, or agent who filed the application for the permit.
a. 
If the System Manager reports a preliminary finding of no detrimental impact, that report shall release the Department of Community Development or other referring authority to review the application and grant it if it meets the requirements of the applicable codes, such as the provisions in Titles IV and V of the Ordinances of St. Charles County, Missouri.
b. 
If the System Manager reports a preliminary finding of possible detrimental impact, the System Manager shall require the applicant to cause an engineering study to be prepared and sealed by a licensed engineer and submitted to the System Manager to confirm whether the structure will have a detrimental impact upon the system's microwave path or paths and, if so, the extent of that impact.
2. 
Finding of detrimental impact or no detrimental impact. Upon receipt of that engineering study, the System Manager shall review it and any other relevant evidence available to the System Manager and, as soon as practicable, make a finding of whether a detrimental impact exists, and report that finding to the Department of Community Development or other referring authority, with a copy to the developer, owner, or agent who filed the application for the permit.
a. 
If the System Manager reports a finding of no detrimental impact, that report shall release the Department of Community Development or other referring authority to review the application and grant it if it meets the requirements of the applicable codes in Titles IV and V of the Ordinances of St. Charles County, Missouri.
b. 
If the System Manager reports a finding of detrimental impact, the Department of Community Development or other referring authority shall, in consultation with the System Manager, work with the applicant to mitigate that detrimental impact. To do so, the applicant may (i) redesign and/or relocate the structure to eliminate its detrimental impact or (ii) negotiate with the County (or other referring authority) to design, engineer, and install (using a contractor approved by the County) any or all additional equipment or modifications necessary to eliminate that detrimental impact. A negotiated mitigation shall include posting of a performance guarantee ensuring design and installation of that equipment and conveyance of that equipment along with all necessary easements for access to and maintenance of that equipment to the County.