[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:
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.
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.
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.
Shall mean the St. Charles County Digital P25 Land Mobile
Radio System for Public Safety and Emergency Communication.
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.Â
Upon receiving a referral identified above, the System Manager and
other authorities identified below shall take the actions set out
herein.
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
