[R.O. 1998 § 400.920; Ord. No. 2255 §1, 9-3-2002; Ord.
No. 2501 §5, 10-10-2007]
A.
The purposes of these regulations are to:
1.
Provide for the appropriate location
and development of antennas and antenna support structures to serve
the citizens and businesses of the City of St. Ann;
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
and the scenic quality of areas within the City.
[R.O. 1998 § 400.925; Ord. No. 2255 §1, 9-3-2002; Ord.
No. 2501 §5, 10-10-2007]
As used herein, the following terms
shall have the meanings and usages indicated:
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 and located at the residence
of such operator.
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 and located at the residence of such operator. For purposes
of this Article, 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 Article.
A casing or console, not to include a shelter, used for the
protection and security of communications equipment associated with
one (1) or more antennas and antenna support structures, 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 antennas on a single
antenna support structure.
The Director of Public Services of the City of St. Ann or
his or her designee.
Any freestanding, man-made 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, flagpoles 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 mean ground level to its highest point, including the main structure
and all attachments thereto. Mean ground level shall be determined
by the average elevation of the natural ground level within a radius
of fifty (50) feet from the center location of measurement.
A building for the protection and security of communications
equipment associated with one (1) or more antenna(s) and antenna support
structures 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 and antenna support structures is prohibited.
A structure designed for the support of one (1) or more antenna(s),
including self-supporting (lattice) towers, monopoles or other freestanding
towers or guyed towers, but not disguised support structures or buildings.
[R.O. 1998 § 400.930; Ord. No. 2255 §1, 9-3-2002]
A.
The requirements set forth in this Section
shall be applicable to all antennas, antenna support structures, cabinets
and shelters installed, built or modified after the effective date
of this Article to the full extent permitted by law:
1.
Building Codes, Safety Standards
And Zoning Compliance. To ensure the structural integrity of antennas,
antenna support structures, cabinets and shelters, any such facility
shall be constructed and maintained in compliance with all standards
contained in any applicable building codes, electrical codes and the
applicable standards published by the Electronics Industries Association,
as amended from time to time. In addition to any other approvals required
hereunder, no antenna or support structure shall be erected prior
to zoning approval and the issuance of a building permit.
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 antennas and antenna
support structures shall be protected from unauthorized access by
appropriate security devises. 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 Aldermen.
4.
Lighting. Antennas and 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 to install, build or modify the antenna(s) or support
structures.
5.
Advertising. Unless a disguised support
structure a is in the form of a permitted advertising sign, the placement
of advertising on antenna support structures is prohibited.
6.
Design.
a.
Guyed towers are prohibited without
the specific approval of the Board of Aldermen, based upon its determination
that no other type of tower can be feasibly installed at the proposed
location.
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 of
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.
[R.O. 1998 § 400.935; Ord. No. 2255 §1, 9-3-2002]
A.
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 at the time of installation. Said landscape strip shall be exterior
to any security fencing. In lieu of the required landscape strip,
a minimum six-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.
B.
Vehicle or outdoor storage on any tower
site is prohibited.
C.
On-site parking for periodic maintenance
and service shall be provided at all locations.
[R.O. 1998 § 400.940; Ord. No. 2255 §1, 9-3-2002]
A.
Zoning. Antennas and antenna support structures
may be located in any zoning district, subject to the location, setback
and height restrictions of this Article.
B.
Location. No antenna support structures,
excluding disguised support structures, shall be located within one-half
(1/2) 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. Without
the specific approval of the Board of Aldermen, antenna support structures,
other than disguised support structures, shall not be located within
five hundred (500) feet of any residential structure or any property
used as a park, playground, school or church.
C.
Setback. 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.
D.
Height.
1.
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 under the
co-use provisions of these regulations or on the specific approval
of the Board of Aldermen.
2.
Antennas mounted on a building shall
not protrude above the maximum height prescribed for the applicable
zoning district without the specific approval of the Board of Aldermen
based on its determination that the proposed height does not have
a detrimental effect on surrounding property.
[R.O. 1998 § 400.945; Ord. No. 2255 §1, 9-3-2002]
A.
Prior to the issuance of any permit, the
applicant shall:
1.
Submit a notarized statement to the
City agreeing to make the proposed antenna support structure available
for use by others, subject to reasonable technical limitations and
financial terms.
2.
Furnish an inventory to the director
of all known antenna support structures and potential building sites
located within one-half (1/2) 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 height 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 it 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.
3.
Antenna support structures may be constructed or modified so as to exceed the height limitations provided in Section 400.940(D) 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 for new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.
4.
In the event that a conditional use
permit is requested 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 a conditional
use 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. 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.
[R.O. 1998 § 400.950; Ord. No. 2255 §1, 9-3-2002]
A.
Permitted Uses.
1.
The attachment of additional antennas
to any antenna support structure existing on the effective date of
this Article or subsequently approved in accordance herewith, provided
that the existing antenna support structure is not modified to extend
the height thereof.
2.
The mounting of antennas on any existing
building, provided that the antennas do not exceed the height limitation
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.
3.
The installation of antennas or the
construction of an antenna support structure on buildings or land
owned by the City of St. Ann in conjunction with the approval of a
lease agreement by the Board of Aldermen.
4.
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.
5.
The installation or mounting of antennas
on any existing high-voltage utility towers in excess of forty (40)
feet in height.
6.
The one-time replacement of any antenna
support structure existing on the effective date of this Article or
subsequently approved in accordance with these regulations.
B.
Application Procedure. An application for
an administrative permit shall be made on the appropriate forms to
the Director, accompanied by payment of the prescribed fee:
1.
Applicant shall submit a detailed
site plan, based on a closed boundary survey of the host parcel, indicating
all existing and proposed improvements, including buildings, drives,
walkways, public rights-of-way, the zoning district categories of
the parcel and adjoining properties, the location of and distance
to off-site residential structures, required setbacks, required buffer
and landscape areas, hydrologic features and the coordinates and height
above ground level of the existing or proposed tower.
2.
The application shall be reviewed
by the Director to determine compliance with the applicable standards
and transmit the application for review and comment by other City
departments as may be affected by the proposed facility. The Director
may request additional information from the applicant. The application
shall not be deemed to be complete until such information is received
from applicant.
3.
The Director shall issue a decision
on the permit within sixty (60) days of the date on which the application
is deemed complete 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 the judgment of the Director,
reasonably necessary to protect the safety and general welfare of
the residents of the City of St. Ann. A decision to deny an application
shall be made in writing and state the specific reasons for the denial.
4.
An appeal from the decision of the
Director may be taken to the Board of Adjustment by filing such appeal
within thirty (30) days from receipt of the denial.
[R.O. 1998 § 400.955; Ord. No. 2255 §1, 9-3-2002]
A.
All proposals to install, build or modify an antenna or antenna support structure not authorized for an administrative permit under Section 400.950 hereof shall require the approval of the Board of Aldermen of a conditional use permit following receipt of a recommendation by the Planning and Zoning Commission and a duly advertised public hearing by the Board of Aldermen.
1.
Application. An application for a conditional use permit, accompanied by a detailed site plan conforming with Section 400.950(B)(1), shall be filed and processed in the manner established for all other conditional use permits, except as supplemented by this Section.
2.
Public Hearing. The public hearing
required for consideration of the application for conditional use
permit 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 Aldermen may exercise its discretion to continue the
public hearing for the purpose of accepting additional oral or documentary
evidence into the record for consideration.
3.
Findings Required. In addition to
any other determination required by the Zoning Code for the consideration
of an application for a conditional use permit, the Board of Aldermen
shall make findings as to the following based upon the evidence submitted
with the application and/or presented during the public hearing by
the applicant or others.
a.
Whether existing antenna support
structure or buildings are located within the geographical network
area necessary to meet the applicant's system engineering requirements.
b.
Whether such existing antenna support
structures or buildings are of sufficient height to meet system engineering
requirements.
c.
Whether such existing antenna support
structures or buildings have sufficient structural strength to support
the applicant's proposed antenna(s).
d.
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).
e.
Whether the proposed antennas would
experience or cause signal interference with antennas on existing
antenna support structures or buildings.
f.
Whether the fees, costs or other
contractual terms required by an owner to lease, modify or otherwise
provide for 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.
g.
Whether there are other limiting
conditions that render existing antenna support structures or buildings
within the applicant's required geographic area unsuitable.
4.
Determination.
a.
If the Board of Aldermen determines
that an application meets the criteria of these regulations, the Board
shall grant a conditional use permit, subject to such conditions as
the Board deems appropriate for the protection of the public safety
and welfare of the residents of the City.
b.
If the Board determines that, although
an application does not meet the strict requirements of the criteria
of these regulations but satisfies the general purpose and intent
of said criteria based upon the particular circumstances, the Board
of Aldermen may grant a variance from said criteria and grant a conditional
use permit, subject to such conditions as the Board deems appropriate
for the protection of the public, safety and welfare of the residents
of the City.
c.
If the Board determines that the
prescribed criteria hereof 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, the Board may grant a conditional use permit subject to such
conditions as the Board deems appropriate for the protection of the
public, safety and welfare of the residents of the City.
d.
A decision by the Board of Aldermen
on an application shall be accompanied by specific findings of fact
based upon the evidence presented.
[R.O. 1998 § 400.960; Ord. No. 2255 §1, 9-3-2002]
A.
Any antenna support structure which is
occupied by an inactive antenna for a period of one (1) year shall
be removed at the owner's expense and the site restored to its original
state.
B.
Any applicant for a new support structure not built as a disguised support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this Article including, without limitation, the failure to remove such structure as required by Subsection (A) of this Section or any other applicable regulation. The bond or security shall be in the form approved by the Director, in an amount not less than fifteen thousand dollars ($15,000.00) or such additional amount as is determined by the Director to protect the City in the event of non-compliance with the requirements hereof.
[R.O. 1998 § 400.965; Ord. No. 2255 §1, 9-3-2002]
Any person violating any of the provisions
of this Article, upon conviction thereof, shall be subject to the
penalties provided for violation of City ordinances.
[R.O. 1998 § 400.970; Ord. No. 2255 §1, 9-3-2002]
If any Section, Subsection, sentence,
clause, phrase or portion of this Article is for any reason held invalid
or unconstitutional by a judgment of a court of competent jurisdiction,
as to which no further right of appeal exists, such portion shall
be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereof.