[Ord. No. 396 Art.
XVI, 4-29-1960; Ord. No. 1449 § 1, 2-15-1990]
Conditional uses are those types of uses which are considered
by the city to be essentially desirable, necessary, or convenient
to the community, but which by their nature or in their operation
have:
(1)
A tendency to generate excessive traffic,
(2)
A potential for attracting a large number of persons to the area
of the use, thus creating noise or other pollutants,
(3)
A detrimental affect upon the value or potential development of other
properties in the neighborhood, or
(4)
An extraordinary potential for accidents or danger to public health
or safety.
[Ord. No. 396 Art.
XVI, 4-29-1960; Ord. No. 1449 § 2, 2-15-1990; Ord. No. 1946 § 1, 7-17-2003; Ord. No. 2122 § 1, 2-18-2010; Ord.
No. 2203 § 2, 12-1-2011]
A conditional use permit may be initiated by a verified application
of one (1) or more of the owners of record or owners under contract
of a lot or tract of land, or their authorized representatives, or
by the planning and zoning commission or by the board of aldermen.
Procedures for application, review, and approval of a conditional
use permit shall be as follows:
(1)
Application. Application for a conditional use permit
for a specific tract of land shall be addressed to the planning and
zoning commission. The application shall be filed on forms prescribed
for that purpose and be accompanied by the following:
a.
Filing fee.
1.
Any applicant seeking a conditional use permit pursuant to the provisions of Chapter 29 of the Code of Ordinances of the City of Bellefontaine Neighbors shall pay an initial fee of four hundred dollars ($400.00), except that the initial fee for a residential or home child care facilities conditional use permit will be one hundred seventy-five dollars ($175.00).
[Ord. No. 2574, 6-18-2020]
2.
The filing fee set forth above shall be paid to reimburse the
city for expenses incurred in processing the application, including,
but not limited to, costs of title research, surveys, legal and engineering
review, cost of traffic and planning consultants employed by the city,
publication expenses, expenses of notification to adjoining property
owners, expenses of hearings including rental of a hall, if necessary,
court reporter, if requested by either the city or the applicant,
and other investigations deemed necessary by the city.
3.
In the event the filing fee is estimated to be insufficient
to pay all anticipated expenses to be incurred by the city as described
above, the Board of Aldermen may hold a hearing, having first given
notice to the applicant, at which testimony on the anticipated costs
for processing the application shall be presented. The Board of Aldermen
shall make a written finding of fact and notify all parties of any
additional fees to be deposited. Processing and all other actions
related to the application shall not proceed following such written
findings until such additional sums are paid in full. Any and all
unused portions of any additional sums, but not the initial fee, required
under this Section shall be refunded in full to the applicant.
b.
Legal description of the property.
c.
An outboundary survey plat, with a land surveyor's seal and statement
of verification regarding the source of boundary dimensions, bearings,
and source of contour data. The plat shall also identify adjoining
properties and the record owners thereof.
(2)
Burden of proof. In presenting any application for
a conditional use permit, the burden of proof shall rest with the
applicant to clearly establish that the proposed conditional use shall
meet the following criteria:
a.
The proposed conditional use complies with all applicable provisions
of the applicable district regulations.
b.
The proposed conditional use at the specified location will contribute
to and promote the welfare or convenience of the public.
c.
The proposed conditional use will not have a deleterious impact on
the value of other property in the neighborhood in which it is to
be located.
d.
The location and size of the conditional use, the nature and intensity
of the operation involved in or conducted in connection with it, and
the location of the site with respect to streets giving access to
it are such that the conditional use will not dominate the immediate
neighborhood so as to prevent development and use of neighboring property
in accordance with the applicable zoning district regulations. In
determining whether the conditional use will so dominate the immediate
neighborhood, consideration shall be given to:
e.
Off-street parking and loading areas are provided in accordance with
the standards set forth in these regulations.
f.
Adequate utility, drainage, and other such necessary facilities are
provided.
g.
The proposed conditional use is consistent with good planning practice;
can be operated in a manner that is not detrimental to permitted developments
and uses in the district; can be developed and operated in a manner
that is visually compatible with permitted uses in the surrounding
area; and is deemed essential or desirable to preserve and promote
the public health, safety, and general welfare of the city of Bellefontaine
Neighbors.
(3)
Review procedures.
a.
Upon receipt of a completed application, the planning and zoning
commission shall institute an administrative review of the application
and site plan by all affected city departments and any consultants
designated by the city. The results of this review shall be reported
to the planning and zoning commission for its consideration. The commission
shall consider an application after all required documents are filed.
The commission shall recommend approval, approval with specified conditions
or denial of the application and shall file its report and recommendation
with the board of aldermen.
b.
Before acting upon any application for conditional use permit, the
board of aldermen shall hold a hearing thereon, after at least fifteen
(15) days' public notice of such hearing is published in a newspaper
of general circulation within the city and written notice is given
to all property owners within the city limits whose property lies
within one hundred eighty-five (185) feet of the property for which
a conditional use permit has been requested. The board of aldermen
may refer the application back to the commission for additional study
before making its final decision. No additional public notice is required
to be given.
c.
The affirmative vote of a majority of all the members of the board
of aldermen shall be required to authorize and approve the issuance
of any conditional use permit contrary to the recommendation of the
planning and zoning commission. The affirmative vote of two-thirds
(⅔) of all the members of the board of aldermen shall be required
to authorize and approve the issuance of a conditional use permit
when a protest against the issuance thereof shall be presented in
writing to the city clerk, duly signed and acknowledged by the owners
of thirty percent (30%) or more either of the area of the land (exclusive
of streets and alleys) included in the application for such permit
or within an area determined by lines drawn parallel to and one hundred
eighty-five (185) feet distant from the boundary of the property for
which the permit has been requested.
(4)
Permit effective — when. The permit shall
become effective upon approval by the board of aldermen. In the event
that a conditional use permit is filed in conjunction with a change
of zoning, the permit shall not become effective until the date of
enactment of an ordinance authorizing the zoning change. In the event
that some additional approval is required by some other governmental
authority or agency, the permit shall not become effective until that
approval is received.
(5)
Recording. Prior to the issuance of any building
permit, or permit authorizing the use of the property in question,
the applicant shall record with the St. Louis County recorder of deeds:
a copy of the approved conditional use permit, including all attached
conditions, the approved site plan, a legal description of the property,
an out-boundary survey and any subsequent amendments.
(6)
Failure to commence construction or operation. Unless
otherwise stated in the conditions of a particular conditional use
permit, substantial work, construction, or operation of the conditional
use where construction is not required, shall commence within six
(6) months of the effective date of the permit and shall thereafter
be pursued with reasonable diligence unless such time period is extended
through appeal to and approval by the board of aldermen. If no appeal
is made, or no extension of time is received or granted, the permit
shall immediately terminate upon expiration of the six (6) month period.
(7)
Revocation of conditional use permit. Upon finding
that an approved conditional use permit will or has become unsuitable
and/or incompatible in its location as a result of any nuisance or
activity generated by the use, the board of aldermen shall have the
authority to revoke the permit after affording the permittee the right
to be heard.
(8)
Transferability. All conditional use permits shall
be approved for the originating applicant for a specific location,
and may not be transferred to any other location. The permit may not
be transferred to any other person without the consent of the board
of aldermen.
(9)
Procedure to amend approved conditional use permit. In order to amend an existing conditional use permit, the application
procedures, required materials, and approval process shall be the
same as for a new permit.
[Ord. No. 396 Art.
XVI, 4-29-1960; Ord. No. 476 §§ 1 — 2, 7-26-1961; Ord.
No. 567 §§ 3 — 4, 2-20-1963; Ord. No. 578 § 1, 2-20-1964; Ord. No. 596 § 1, 7-2-1964; Ord.
No. 665 § 1, 12-15-1966; Ord. No. 677 § 1, 8-4-1967; Ord.
No. 1449 § 1, 2-15-1990; Ord. No. 1479 § 1, 12-6-1990; Ord.
No. 1562 § 1, 8-5-1993; Ord. No. 1573 § 1, 10-7-1993; Ord.
No. 1598 § 1, 4-21-1994; Ord. No. 1711 § 1, 10-3-1996; Ord.
No. 1718 § 1, 12-5-1996; Ord. No. 1768 § 2, 2-19-1998; Ord.
No. 1811 § 1, 4-1-1999; Ord. No. 1846 § 1, 5-4-2000; Ord.
No. 1865 §§ 1 — 2, 9-7-2000; Ord. No. 1913 § 2, 5-2-2002; Ord. No. 1979 § 1, 8-5-2004; Ord.
No. 2001 § 1, 5-5-2005; Ord. No. 2018 § 4, 12-1-2005; Ord.
No. 2151 § 2, 11-4-2010]
The board of aldermen of the city of Bellefontaine Neighbors
may, by conditional use permit after public hearing, authorize the
location of any of the following buildings or uses in the districts
hereinafter designated and from which they are otherwise prohibited
by this ordinance, provided, however, that appropriate conditions
and safeguards shall be imposed to protect the public welfare and
to conserve and protect property and property values in the neighborhood.
(1)
In any district.
a.
Any public building or facility erected or used by any department
of the city, county, state or federal government, not specifically
addressed in any other provision of this Zoning code, other than sewage
or sanitation facilities.
b.
Privately operated outdoor recreation fields.
c.
Private recreational activities for temporary or seasonal periods.
e.
Private or public elementary or secondary schools, including nursery,
prekindergarten, kindergarten or special schools operated on the same
premises.
f.
Private stables, when located on a lot of three (3) acres or more,
provided any such building shall not exceed a capacity of one (1)
horse for each acre of lot area and shall not be closer than two hundred
(200) feet to any dwelling.
h.
Temporary roadside stands offering for sale products produced on
the premises.
i.
Electrical substations.
j.
Home child care facilities may be permitted as a home occupation
in any single-family dwelling upon issuance of a conditional use permit
as hereinafter provided.
1.
Child care facilities which are limited to providing care for
no more than six (6) children not residing on and listed on the occupancy
permit for the premises may be provided as a home occupation in a
residence if the owner(s) and, if different, the adult occupant(s)
of the property apply for and are issued a conditional use permit
pursuant to this subsection. No permit for a home day care facility
may be issued to any person who does not personally provide day care
service to the children in attendance, and no facility may be permitted,
or allowed to continue to operate, if any person not residing in the
home is involved in providing care to the children in attendance.
Any permit issued under the provisions of this section shall be so
limited such that the number of children on the premises under the
age of thirteen (13) years, including the operator's children, shall
not exceed ten (10) at any one (1) time. Provided, however, that any
person having a home child care license issued by the State of Missouri
prior to October 3, 1996, authorizing care for more than six (6) children
in the licensee's home in the city of Bellefontaine Neighbors may
apply for and, if otherwise qualified and subject to the other conditions
and restrictions of this subsection (j), be issued a permit under
the provisions of this subsection to provide care for that number
of children allowed under the state license as issued on or before
October 3, 1996.
2.
The site plan application requirement of subsection (d) of section 29-95(1) of this article shall not apply to applications for home day care conditional use permits. For purposes of a permit under the terms of this subsection only, the survey plat required by subsection (c) of section 29-95(1) of this article need not provide contour data, surveyor's seal or statement of verification. The application for a home day care conditional use permit shall include: (1) a diagram of the main building on the property designating the areas to be utilized in providing the service and the number of square feet on the premises available for outside recreation for the children; (2) any and all physical changes to be made to the interior or exterior of the property in association with such service; (3) copies of any state child day care license application and any license issued by the state which may be applicable; (4) detailed information as to the days and hours during which service is to be available; (5) the maximum number of children to be cared for, including children residing in the home under the age of thirteen (13) years; and (6) information as to how parking for clients is to be provided.
3.
Upon receipt of the application and any applicable processing fee, the application shall be forwarded to the planning and zoning commission for hearing in accord with the requirements of section 29-95(3) of this article. If the commission finds: (1) the service can be provided without disturbing the appearance and tranquility of the neighborhood; and (2) the premises can accommodate the reasonably required off-street parking and any physical changes reasonably necessary to provide the service; and (3) that there is at least seven hundred fifty (750) square feet of contiguous, fenced outside play area in the rear yard of the premises regardless of the number of children to be cared for, and that such play area does not include any common ground, public property or any other property where possession is in fact shared with other residents or where other residents have the right to use such property, it may recommend approval of the application, subject to such reasonable conditions as may be necessary to avoid adverse impact on nearby properties.
4.
After review by the commission the application is to be forwarded
to the board of aldermen for consideration. If the board finds in
the affirmative as to criteria set forth above, a permit may be issued
and/or issued subject to such reasonable conditions as may be determined
by the board to be necessary. Any permittee shall also be required
to obtain and maintain in force any business license required by the
ordinances of the city of Bellefontaine Neighbors.
5.
A home day care permit shall not be issued, and may be revoked
if previously issued, if it is determined by the head of the building
department, that the operator thereof, or any person regularly on
the premises, has committed an act demonstrating a lack of fitness
to care for children, including child molestation or abuse, theft,
fraud, or any other act of moral turpitude.
6.
Any home day care permit shall not be issued, and may be revoked
if previously issued, if the operator of the facility operates it
in such a manner that the residential character of the neighborhood
is disturbed. For this purpose, the operator shall not permit: (1)
excessive noise in connection with the operation of the facility which
would annoy a person of ordinary sensibility; or (2) children to trespass
on property where there is no permission for the children to enter;
or (3) operation of the facility in such a manner as to cause damage
to the property of others; or (4) operation of the facility in such
a manner as to cause, or contribute to causing, the permitted premises
to become deteriorated.
(2)
In the "R-3" district. Subject to the additional conditions hereinafter set forth, multiple
dwellings may be allowed in the R-3 single-family district. The additional
conditions to be satisfied prior to approval of any conditional use
permit for multiple dwellings are as follows:
a.
Any development of multiple dwellings must serve as a transitional
use between more intense and less intense land uses.
b.
The maximum density shall be one (1) residential unit for each three
thousand (3,000) square feet of lot area, but not more than twenty
percent (20%) of the land shall be used for dwelling purposes, based
upon the gross area of the site prior to the construction of any improvements.
Each dwelling unit shall have a minimum floor area of no less than
five hundred (500) square feet.
c.
Two (2) parking spaces shall be provided for each dwelling unit.
The parking requirement may be reduced to .75 spaces per dwelling
unit for housing planned, designed and constructed for the elderly,
if approved by the planning and zoning commission; provided, however,
that an area of sufficient size shall be designated on the site plan
to accommodate additional parking should conversion to conventional
housing occur in the future.
d.
No building shall be greater than three (3) stories or thirty (30)
feet in height, whichever is less.
e.
No wall of any structure shall be located closer to any wall of another
structure than as set out in the following table:
|
Walls
|
Front
|
Side
|
Rear
|
Walls Of Detached Accessory Building
|
|---|---|---|---|---|
|
Front
|
50 ft. (60 ft. if over 2 stories)
|
30 ft. (20 ft. if side wall has no windows)
|
100 ft.
|
30 ft.
|
|
Side
|
30 ft. (20 ft. if side wall has no windows)
|
20 ft.
|
30 ft.
|
10 ft.
|
|
Rear
|
100 ft.
|
30 ft.
|
50 ft.
|
20 ft.
|
|
Any dimension given above shall include the side yard required
for a single-family dwelling, when any described wall faces the side
lot of any separately owned property, whether or not any structure
is located on said property.
|
(3)
In any "C" district.
a.
Greenhouses and nurseries, provided that all structures and storage
areas must be located at least one hundred (100) feet from any property
located in any R district.
b.
Public or private sanitation or sewage collection, detention, treatment
or processing facility.
c.
Child care and adult day care facilities.
i)
In addition, if a separate conditional use permit is applied
for and issued in accord with the provisions of this Article, an adult
day care facility for which a conditional use permit has been issued
may also offer overnight adult respite care in accord with the following
additional requirements. As used herein "overnight adult respite care"
shall mean the provision of temporary lodging and meals for ambulatory
elderly or disabled individuals age eighteen (18) or older.
ii)
A facility offering overnight adult respite care must have an
adult care giver twenty-one (21) years or older and qualified by specialized
training or equivalent experience in attending to those using such
care on the premises at all times overnight care is utilized. All
such care givers shall be registered in writing in advance with the
Bellefontaine Neighbors Police Department together with such identifying
and contact information and a statement of qualifications as may reasonably
be required by the Department.
iii)
No person may receive overnight adult respite care services
on the premises more frequently than seven (7) nights in any sixty
(60) day period.
iv)
Adequate provisions must be made to feed and supervise the patrons
of the facility at all times. Any cooking facilities utilized for
care permitted hereby must comply with all applicable health regulations.
v)
Care givers shall not be provided, nor may they utilize, sleeping
quarters at the facility and must remain awake, alert and on duty
at all times they are responsible for anyone entrusted to their care.
vi)
Any violation of the standards and requirements specified herein,
or any conditions associated with the permit authorizing such care,
or any requirements of the permit authorizing adult day care services,
or any other requirements of the city's Code of Ordinances shall be
grounds for revocation of the permit authorized hereby.
vii)
Nothing in this Ordinance shall be construed to supersede or
waive any requirements of state or federal law, county ordinance or
fire district ordinances affecting the provision of services of the
character described herein. Any licensing or permitting now or hereafter
required by any other agency must be obtained before overnight adult
respite service can be initiated, and must be maintained in full force
whenever such care is offered.
d.
Filling stations for automobiles and vehicle service and repair facilities.
Provided, however, that all storage tanks for volatile substances
must be located below ground and at least two hundred (200) feet from
any church, school, hospital, playground or similar place of public
attendance or assembly, or a children's or old people's home. Distance
to be measured shortest distance, property line to property line.
e.
Taverns and bars.
f.
Mortuary establishments.
(4)
In the "C-1" district.
a.
All permitted uses in the C-1 district which exceed one (1) story
or twenty (20) feet in height, whichever is less, including rooftop
mechanical equipment attached to a structure.
b.
Financial institutions not having drive-through facilities.
c.
Restaurants, but no fast food restaurants or restaurants with drive-through
facilities.
d.
Existing structures within the C-1 district as of September 1, 1993, and structures zoned after that date as being within the C-1 district, which are not adaptable to being so configured as to allow use by separate occupants of less than ten thousand (10,000) square feet each may be used for any of the uses permitted by subsections (b) 4, 5, 6 or 8 of section 29-46 of article VIII or any of the uses permitted as conditional uses in the C-1 district pursuant to this subsection (4)(d) without regard to the gross floor area limitations imposed therein if the board of aldermen determines that the proposed use of such structures and the proposed size of the suggested use would be consistent with the nature and purpose of article VIII and this section and that the structure cannot reasonably be adapted for use within such size limitations. In acting upon an application for a use in excess of the permitted gross floor area limitation pursuant to this subsection, the board of aldermen shall determine and state in the permit that gross floor area most nearly approximating the limitations of the district for which the structure is reasonably adapted and the use so authorized shall be limited to that gross floor area.
(5)
In the "C-2" district.
a.
Hospitals, clinics and institutions, including educational, religious
and philanthropic institutions when located on a site containing an
area of not less than five (5) acres; provided, however, that such
buildings shall not occupy over ten percent (10%) of the total area
of the lot and will not have any serious and depreciating affect upon
the value of the surrounding property, and provided further that the
buildings shall be set back at least one hundred (100) feet from the
front lot line and shall be set back from the otherwise required side
and rear yard an additional distance equal to two (2) feet for each
foot of building height.
b.
Amusement parks.
c.
Animal hospitals, veterinary clinics and kennels.
d.
Automobile sales facilities and/or showrooms.
e.
Car washes for motor vehicles.
f.
Fast food restaurants not otherwise allowed as permitted uses in
the C-2 district.
g.
Financial institutions with drive through facilities.
h.
Residential or outpatient facilities for the treatment of alcohol
or other drug abuse. Provided, however, that no residential treatment
facility shall be located any closer than one thousand three hundred
(1,300) feet to any other such treatment facility and that the building
or structure used for any residential facility shall maintain an exterior
appearance in reasonable conformance with the general standards of
the area.
i.
Pawnshops, being defined for the purpose of this section as the business
of lending money on the security of pledged goods or the business
of purchasing tangible personal property on condition that it may
be redeemed or repurchased by the seller for a fixed price within
a fixed period of time.
j.
Self-storage facilities.
(6)
In the "M" districts.
a.
Airport or heliport, including hangars and normal accessory and service
buildings.
b.
Extraction of sand, gravel, or other raw materials.
c.
Any industrial or manufacturing use provided, except in the case
of electrical substations, that all operations and processes are carried
on in buildings not closer than one hundred (100) feet to any boundary
of an R district, and provided further, that suitable safeguards and
conditions are imposed to protect life and limb and adjacent property
and prevent objectionable, dangerous and offensive conditions.
d.
Filling stations for motor vehicles and vehicle service and repair
facilities. Provided, however, that all storage tanks for volatile
substances must be located below ground and at least two hundred (200)
feet from any church, school, hospital, playground or similar place
of public attendance or assembly, or a children's or retirement home.
Distance to be measured shortest distance, property line to property
line.
e.
Building material sales yard for the sale of rock, sand, gravel,
cement, concrete products and the like, with concrete mixing facilities,
but with no rock crushing machinery. No portion of the sales yard
proper or concrete mixing plant to be closer than two hundred (200)
feet from any adjoining R district, excluding width of roads.
f.
In the M-2 controlled industrial district only, storage yards for
the sale or rental of steel pilings, pile driving hammers and any
other equipment directly associated with same that might be concerned
with the actual business of the contractor operating hereunder. No
portion of stored materials, equipment or accessory building or buildings
shall be closer than one hundred (100) feet from any adjoining R district,
excluding width of road. Pilings shall be stored a minimum of six
(6) inches above grade in neatly arranged stacks on concrete or steel
supports.
Access roadways to stored pilings or equipment shall be paved
with asphalt or concrete. The storage areas shall be covered with
a minimum of four (4) inches of crushed rock. A six (6) mil polyethylene
vapor barrier, installed below the crushed rock, or other method approved
by the city engineer, shall be used for weed control.
g.
Facilities for the display, sale, rental and servicing of construction
equipment and related parts.
h.
Car washes for motor vehicles.
i.
Adult entertainment establishments or businesses.
j.
In the M-1 Industrial District only, drayage, freight or trucking
yard or terminal.
k.
Medical
marijuana-infused products manufacturing facility.
[Ord. No. 2562, 12-19-2019]
l.
Medical
marijuana testing facility.
[Ord. No. 2562, 12-19-2019]
[Ord. No. 396 Art
XVI, 4-29-1960; Ord. No. 1811 § 2, 4-1-1999; Ord. No. 2397 § 1, 7-6-2017]
(a)
Purposes. The purposes of this Section are to:
(1)
Provide for the appropriate location and deployment of wireless
communications infrastructure to better serve the citizens and businesses
of the City of Bellefontaine Neighbors and the metropolitan St. Louis
area;
(2)
Minimize adverse visual impacts of wireless facilities and support
structures through careful design, siting, landscape screening and
innovative camouflaging techniques;
(3)
Encourage the use of disguised support structures so as to protect
the architectural and scenic quality of the City;
(4)
Comply with applicable law, including the Federal Telecommunications
Act of 1996, 47 U.S.C. § 332, and the Missouri Uniform Wireless
Communications Infrastructure Deployment Act, Section 67.5090 et seq.,
RSMo.
(b)
ACCESSORY EQUIPMENT
ANTENNA
APPLICANT
APPLICATION
BUILDING PERMIT
CITY ENGINEER
COLLOCATION
DISGUISED SUPPORT STRUCTURE
ELECTRICAL TRANSMISSION TOWER
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FAA
FCC
HEIGHT
REPLACEMENT
STANDARD OUTDOOR ADVERTISING STRUCTURES
SUBSTANTIAL MODIFICATION
(1)
(2)
(3)
(4)
UTILITY
UTILITY POLE
WATER TOWER
WIRELESS COMMUNICATIONS SERVICE
WIRELESS FACILITY
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this Section, the following
terms shall have the following meanings:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters, or similar structures.
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
Any person engaged in the business of providing wireless
communications services or the wireless communications infrastructure
required for wireless communications services who submits an application.
A request submitted by an applicant to the City to construct
a new wireless support structure, for the substantial modification
of a wireless support structure, or for collocation of a wireless
facility or replacement of a wireless facility on an existing structure.
A permit issued by the City prior to commencement of work
on the collocation of wireless facilities on an existing structure,
the substantial modification of a wireless support structure, or the
commencement of construction of any new wireless support structure,
solely to ensure that the work to be performed by the applicant satisfies
the applicable building code.
The City Engineer of the City or his/her designee.
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings, and other
structures capable of structurally supporting the attachment of wireless
facilities in compliance with applicable codes.
Any freestanding, man-made structure designed for the support
of wireless facilities, 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.
An electrical transmission structure used to support high
voltage overhead power lines. The term shall not include any utility
pole.
An area surrounding or near a wireless support structure
within which are located wireless facilities.
A structure that exists at the time a request to place wireless
facilities on a structure is filed with an authority. The term includes
any structure that is capable of supporting the attachment of wireless
facilities in compliance with applicable building codes, National
Electric Safety Codes, and recognized industry standards for structural
safety, capacity, reliability, and engineering, including, but not
limited to, towers, buildings, and water towers. The term shall not
include any utility pole.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
Includes constructing a new wireless support structure of
equal proportions and of equal height or such other height that would
not constitute a substantial modification to an existing structure
in order to support wireless facilities or to accommodate collocation
and includes the associated removal of the preexisting wireless facilities
or wireless support structure.
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.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable);
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
Any person, corporation, county, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, wastewater, data, cable television,
or telecommunications or Internet protocol-related services.
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables, or wires for telephony,
cable television, or electricity, or to provide lighting.
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services;
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
(c)
Permitted uses: Satellite earth stations less than six (6) feet in diameter and
receive-only home television antennae are allowed as accessory uses
in all districts without any permit, and wireless facilities and support
structures which meet any of the following criteria may be constructed,
repaired or modified upon receipt of a building permit issued by the
City Engineer:
(1)
Collocation and replacement applications, provided that no permit
may be issued for collocation to a certified historic structure as
defined in Section 253.545, RSMo., until at least one public hearing
has been held by the City Engineer within thirty (30) days prior to
issuance. The City Engineer shall provide public notice of such public
hearing in the same manner as required for proposed zoning code changes.
Such applications are subject to the general condition in Subsection
(f)(1) of this Section, but no other zoning or land use requirements,
including design or placement requirements, or public hearing review.
(2)
The mounting of wireless facilities in or on the roof of any
existing building other than a single-family residence, provided that
the building was not constructed primarily for the support of antennae
and provided that the height of the facilities does not exceed twenty
(20) feet from its mounting and that such use is not otherwise prohibited
by ordinance.
(3)
Wireless facilities or support structures for the operations
of a commercial or public radio or television station licensed by
the Federal Communications Commission or a local, state or Federal
law enforcement or emergency agency may be installed as permitted
by law in nonresidential districts.
(4)
The installation or mounting of antennae on any electrical transmission
towers located in any commercial zoning district of the City.
(5)
The installation of a disguised support structure and related
wireless facilities as part of a building or structure that is otherwise
allowed in the district in which located.
(6)
Wireless facilities or support structures for the operation
of a licensed amateur radio facility within the City. The permit application
must be accompanied by proof that the applicant or an occupant of
the property is a licensed amateur radio operator.
a.
Height limits.
1.
The City Engineer shall issue an amateur radio antenna/structure
permit if it is determined that:
i.
Any antenna(s) mounted on a roof shall not extend more than
sixty-eight (68) feet above grade;
ii.
Any tower-mounted antenna(s) shall not extend more
than sixty-two (62) feet above grade when fully extended; and
iii.
The requirements of this Section regarding location,
structural components and wiring are complied with.
2.
Permits for ground-mounted antennas and supports intended exclusively
for the support of wire antennas which are so erected as to be readily
capable of being relocated from time to time shall describe the area
within which such an antenna or support may be positioned.
3.
Any person desiring to install, erect or maintain an amateur
radio antenna at any height greater than set forth in the preceding
subsection shall file an application therefor with the Board of Adjustment.
No fee shall be required for this application. The Board of Adjustment
may grant a permit to allow construction to such height as it shall
determine if it finds that topographical circumstances or other operational
parameters of the antenna(s) and the associated radio equipment so
require and that there are adequate provisions to protect adjoining
properties.
4.
Wireless facilities or support structures for licensed amateur
radio uses that are ground-mounted shall be located in the rear of
the lot between the rear line of the principal building on the lot
and six (6) feet from the rear lot line. No such antenna, nor any
portion of any base or support therefor, may be closer than six (6)
feet to any lot line; provided, further, that on corner lots no antenna
may be closer to any street than the principal building.
(d)
Conditional uses. All wireless facilities and support structures to be installed, built or otherwise modified that are not expressly permitted by Subsection (c) herein, and not prohibited by Subsection (e), shall require a conditional use permit issued in accordance with the procedures contained in Article XVI, Conditional Use Permits, of this Chapter of the Municipal Code, as well as a building permit.
(e)
Prohibited uses. Except as otherwise provided in Subsection (c):
(1)
No wireless facilities or support structures shall be permitted
in residentially zoned districts, other than for licensed amateur
radio uses.
(2)
No wireless facilities or support structures shall be permitted
to have a total height in excess of one hundred (100) feet.
(3)
Wireless facilities installed on a building shall not exceed
twenty (20) feet from the highest point of the building, other than
for licensed amateur radio uses.
(4)
Unless a disguised support structure is in the form of a standard
outdoor advertising structure, the placement of advertising or signs
on wireless support structures is prohibited.
(f)
General conditions. The general criteria and preferences
for approving wireless facilities and support structures under this
Section shall be as follows:
(1)
Building codes and safety standards. All wireless
facilities and support structures shall meet or exceed the standards
and regulations contained in applicable state and local building codes,
National Electric Safety Codes, and recognized industry standards
for structural safety, capacity, reliability, and engineering.
(2)
Regulatory compliance. All wireless facilities
and 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 such facilities and support structures.
Should such standards or regulations be amended, then the owner shall
bring such facilities and support structures into compliance with
the revised standards or regulations within six (6) months of the
effective date of the revision unless a different date is established
by the controlling agency.
(3)
Supports. No more than one (1) antenna tower
may be erected on any lot in the City; provided, however, that a support
used exclusively for the support of a wire antenna for a licensed
amateur radio facility and being no wider than six (6) inches at grade
and having a height no greater than fifty (50) feet above grade shall
not be considered as an antenna tower for purposes of calculating
the permitted number of such towers under this Subsection.
(4)
Lighting. Wireless facilities and support structures
shall not be illuminated at night unless required by the FAA or other
Federal or state agencies, in which case, a description of the required
lighting scheme will be made a part of the application.
(5)
Design.
a.
Wireless facilities and support structures should, to the extent
reasonably possible, be architecturally and visually compatible with
surrounding buildings, structures, vegetation and/or uses already
in the area or likely to exist under the regulations of the underlying
zoning district.
b.
Wireless support structures, except disguised support structures,
shall maintain a galvanized steel finish or, subject to the requirements
of the FAA, FCC or any other applicable Federal or state agency, be
painted a neutral color consistent with the natural or built environment
of the site.
c.
Wireless facilities other than antennae 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.
Wireless facilities mounted on buildings should be made to appear
as unobtrusive as possible by location as far away as feasible from
the edge of the building and by making them a color consistent with
the natural or building backdrop.
e.
Wireless facilities shall be screened by appropriate landscaping
and/or fencing. Wireless support structures 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. Evergreen trees shall be a minimum of six (6) feet
tall and deciduous trees not less than two and one-half (2 1/2)
inches in caliper at time of planting. Said landscape strip shall
be exterior to any security fencing. In lieu of the required landscape
strip, a minimum six-foot-high decorative masonry fence or wall may
be approved by the City upon demonstration by the applicant that an
equivalent degree of visual screening is achieved.
f.
All wiring to or from ground-mounted antennas or antenna towers
located more than five (5) feet from the nearest building wall shall
be underground; provided, however, that feed lines to and from antennas
for licensed amateur radio facilities which must be open to the air
in order to operate as designed (so called "open wire feed lines")
need not be enclosed or located underground.
(6)
Location and setback.
a.
Wireless support structures, except disguised support structures,
shall not be located within two hundred (200) feet of any residential
structure or any parcel of property used as a park, or playground.
b.
All wireless support structures, except disguised support structures,
shall be separated from any residential structure at least a distance
equal to the height of the support structure plus ten (10) feet. Support
structures on parcels adjacent to residentially zoned property shall,
at a minimum, meet the setbacks of the applicable zoning district
as required for the principal structure along the adjoining property
lines. No support structure may be placed on residentially zoned property
closer to any residential structures on adjoining properties than
the distance from the support structure to the principal structure
located on the lot on which the support structure is located.
(g)
Miscellaneous.
(1)
For any guyed wireless support structure, ground anchors shall
be located on the same parcel as the structure, and such anchors shall
meet the setbacks required for accessory buildings within the zoning
district.
(2)
Vehicle or outdoor storage on the site of any wireless facilities
or support structure is prohibited.
(3)
On-site parking for periodic maintenance and service shall be
provided at all locations of wireless facilities and support structures.
(4)
Any wireless facility or support structure no longer used for
its original communications purpose shall be removed at the owner's
expense. The owner and applicable cousers 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 facility and/or support structure. In the case of couse,
this provision shall not become effective until all users cease operations.
Any wireless support structure not in use for a period of one (1)
year shall be deemed a public nuisance and may be removed by the City
at the owner's expense. Removal of facilities shall not be a condition
of approval of any application.
(5)
Prior to the issuance of a building or conditional use permit,
other than for a collocation or replacement application, the City
may require submittal of easement documents, lease agreements or other
documentation of evidence of the right to utilize the property for
location of wireless facilities and/or support structures.
(h)
Time limits. All applications regarding wireless
facilities and support structures shall be processed in accordance
with the time limits established by Sections 67.5090 to 67.5103, RSMo.
(i)
Fees. Fees for applications regarding wireless facilities
and support structures shall not exceed the limits established by
Sections 67.5090 to 67.5103, RSMo.
