[Ord. No. 7831 §1, 3-14-2016]
Statement Of Purpose. The general purpose of this Chapter is to regulate the placement, construction, and modification of telecommunications towers, support structures, and antennas in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Maryville. Specifically, this Chapter is intended to:
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Maryville;
Minimize adverse visual impacts of wireless communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques that provide predictability for nearby property owners and others or that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties;
Ensure that any new support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible; and
Ensure that regulation of wireless communications facilities does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service and promotes the provision and availability of communication services within the City.
Applicability; Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Chapter shall be applicable to all wireless communications facilities existing or installed, built or modified after the effective date of this Chapter to the fullest extent permitted by law. No provision of this Chapter shall apply to any circumstance in which such application shall be unlawful under superseding Federal or State law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this Chapter is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.
[Ord. No. 7831 §1, 3-14-2016]
As used in this Chapter, the following terms shall have the meanings and usages indicated:
- AGL (ABOVE GROUND LEVEL)
- 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.
- Any device that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than two (2) meters in diameter (mounted within twelve (12) feet of the ground or building mounted) and any receive-only home television antennas.
- A structure 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 that has horizontal dimensions that do not exceed four (4) feet by six (6) feet; and vertical height that does not exceed six (6) feet.
- The Director of the Department of Public Works of the City or his/her designee or official acting in such capacity.
- DISGUISED SUPPORT STRUCTURE
- Any freestanding, man-made structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, light standards, flag poles and artificial trees. For purposes of this definition, a structure "camouflaged or concealed as an appropriately placed and designed architectural or natural feature" shall meet the following additional criteria:
- 1. It is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located;
- 2. It does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate;
- 3. It cannot be identified as an antenna support structure by persons with reasonable sensibilities and knowledge;
- 4. Its equipment, accessory buildings, or other aspects or attachments relating to the disguised support structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated; and
- 5. It is of a height, design and type that would ordinarily occur at the location and neighborhood selected.
- The Federal Aviation Administration.
- The Federal Communications Commission.
- The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.
- INCIDENTAL USE
- Any use authorized herein that exists in addition to the principal use of the property.
- Any addition, deletion or change, including the addition or replacement of antennas, or any change to a structure requiring a building permit or other governmental approval.
- A building for the protection and security of communications equipment associated with one (1) or more antennas and 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.
- SUPPORT STRUCTURE
- A tower or disguised support structure.
- A structure designed for the support of one (1) or more antennas and including guyed towers, self-supporting (lattice) towers, or monopoles, but not disguised support structures or buildings. The term shall also not include any support structure that includes attachments of sixty-five (65) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the Federal Communications Commission.
- WIRELESS COMMUNICATIONS FACILITY
- Any antenna, cabinet, shelter and support structure and associated equipment.
[Ord. No. 7831 §1, 3-14-2016]
Applications. Applications for permitted or special uses pursuant to this Chapter shall be subject to the supplementary procedures in this Chapter. Applications shall be submitted to the City as a complete application on forms provided by the City. A complete application shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees, and information as required thereon or by the City, consistent with this Chapter. Applications shall be accompanied by a building permit application and other applicable forms, and such application fees as may be established to reimburse the City for its inspection and review costs.
Timing. Applications shall be decided upon within a reasonable time, subject further to State or Federal specific additional requirements as may apply to the particular application.
[Ord. No. 7831 §1, 3-14-2016]
Applicability. The requirements set forth in this Chapter shall be applicable to all wireless communications facilities within the City installed, built or modified after the effective date of this Chapter to the full extent permitted by law.
Principal or incidental use. wireless communications facilities may be either a principal use in all commercial and industrial zoning districts or an incidental use to commercial and industrial uses, subject to any applicable requirement relating to yard or setback; provided that only a disguised support structure shall be authorized within a commercial district. An incidental use subject to a leasehold interest of a person other than the lot owner may be approved for a tower only if the leasehold area separately meets all requirements for a separate subdivided lot, including dedicated access, parking, and lot size, applicable to a primary use in the district in which the use is proposed. No other district shall allow wireless communications facilities unless required by law.
Building codes, safety standards, and zoning compliance. wireless communications facilities shall be constructed and maintained in compliance with all standards contained in applicable State and local building codes. A certified engineer's structural report shall be required for all applications to construct a new or modify or any way alter an existing support structure, unless waived upon application to the Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement. In addition to any other approvals required by this Chapter, no wireless communication facility or portion thereof shall be erected, replaced, or expanded prior to receipt of a certificate of zoning compliance, unless otherwise required by law, and the issuance of a building permit. For all sites located within a historic preservation district, a certificate of appropriateness shall also be required as well as a hearing as provided for in Section 430.060(C). For sites within City rights-of-way:
The most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the Official Zoning Map; and
No application shall be submitted for permit approval without attaching the City's consent to use the ROW for the specific construction application.
Regulatory compliance. All wireless communications facilities shall meet or exceed current standards and regulations of the FAA, FCC, and any other local, State or Federal agency with the authority to regulate wireless communications facilities, and including all required licenses, permits, and taxes applicable to such structure and/or modification. 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 the time period mandated by the controlling agency. No approval for any placement, construction or modification of any wireless communications facilities permitted by this Chapter shall be granted for any applicant having an uncured violation of this Chapter, any zoning regulation regarding the lot on which the structure is proposed, or any other governmental regulatory, licensing, or tax requirement applicable to such antenna or structures within the City.
Security. All wireless communications facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, alter or modify wireless communications facilities. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the Director or by the Governing Body in the case of a special use permit.
Lighting. Support structures may be lighted at the base of the structure for security purposes but only when approved by the Director or by the Governing Body in the case of a special use permit, after submission of a description of the proposed lighting scheme as part of the application to install, build, alter or modify the support structure and a finding by the City that such lighting shall not unreasonably shine on residential property or otherwise be detrimental to property values or the general character of the surrounding area. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the Director or Governing Body on the approved site plan.
Advertising. Except for a disguised support structure in the form of an otherwise lawfully permitted sign, the placement of advertising on wireless communications facilities is prohibited other than identification signage of not greater than one (1) square foot on ground equipment.
Color. Subject to the requirements of the FAA or any applicable State or Federal agency, towers and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Director, or the Governing Body in the case of special use permits, consistent with the requirements of this Chapter. Unpainted galvanized steel support structures are not permitted.
Ground equipment. Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All equipment shall be either placed underground, contained in a single shelter or cabinet, or wholly concealed within a building or approved walled compounds.
Antenna design. Antennas attached to a disguised support structure or tower shall be contained within the disguised support structure or within or mounted flush on the surface of the tower to which they are mounted so as not to defeat the disguised design. Antennas attached to an existing building or structure shall be of a color identical to the surface to which they are mounted. All antennas shall be designed to be disguised and maximally concealed on or within the support structure. Exposed antennas on "crows nest" or other visible platforms or extensions are prohibited. Any tower approved as a disguised support structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation and corresponding covenant recorded on the property that runs with the land to the benefit of the City on behalf of the public, prohibiting modifications of the tower that eliminate or are materially detrimental to the disguise, unless such is approved by a duly authorized zoning or conditional use approval approved in the same manner as required for an original construction of such tower or disguised support structure with the proposed modification. If the applicant does not wish to have such a covenant, the application shall not qualify as a disguised structure, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently eliminated or materially detrimentally altered.
Height. Support structures shall be no taller than necessary and shall not exceed the height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. Support structures may exceed underlying zoning district height restrictions for buildings and structures only where shown to be necessary, provided that no reasonable alternative exists. District height restrictions shall be considered by the City in determining the appropriateness of the design and location of the application under the applicable standards for approval.
Monopole design. All towers shall be of a monopole design. Lattice, guyed towers or other non-monopole tower designs shall not be permitted.
Compound walls/landscaping. All disguised support structures in the commercial district shall be surrounded by a minimum of a six-foot-high decorative wall constructed of brick, stone or comparable masonry materials and 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. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the Director, or by the Governing Body in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
Setbacks. All support structures and extensions or attachments thereto and related buildings/structures shall be separated by a safety fall zone from any public rights-of-way, sidewalk or street, alley, parking area, playground, or building (except for parking and buildings dedicated solely for access to or maintenance of the support structure), and from any property line, a distance equal to the height of the support structure.
Storage. Vehicle or outdoor storage on any support structure site is prohibited, unless otherwise permitted by the zoning.
Parking. On-site parking for periodic maintenance and service shall be provided at all antenna or support structure locations consistent with the underlying zoning district and the type of antenna or support structure approval granted.
Administration. The Director shall have the authority to establish forms and procedures consistent with this Code and applicable Federal, State, and local law to ensure compliance and to facilitate prompt review and administration of applications.
[Ord. No. 7831 §1, 3-14-2016]
Permitted Use. The placement of wireless communications facilities is permitted in commercial and industrial zoning districts only as follows:
The attachment of additional or replacement complying antennas or equipment to any existing fully conforming wireless communications facility as authorized by State or Federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes, including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering, are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section 430.040(A)(2).
The mounting of antennas on any existing and conforming building or structure other than a support structure (such as a water tower), provided that the presence of the antennas and equipment is concealed by architectural elements or fully camouflaged and concealed by painting a color identical to the surface to which they are attached and further provided that all requirements of this Chapter and the underlying zoning ordinance are met. Any use authorized under this requirement shall meet the antenna design [Section 430.040(A)(7)(c)] requirements for a disguised structure in order to qualify as a permitted use.
The mounting of antennas on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet, provided that all requirements of this Chapter and the underlying zoning ordinance are met, except minimum setbacks provided in this Chapter shall not apply.
Application. Application for a permitted use under this Section shall require submission of an application and an application fee of five hundred dollars ($500.00) as required to cover the actual costs, but not to exceed such amounts as may be limited by law.
[Ord. No. 7831 §1, 3-14-2016]
Special Use Permit Required. All proposals to construct or modify a wireless communications facilities not permitted by Section 430.050 (Permitted Uses) or not fully complying with the general requirements shall be permitted only in a commercial or industrial district (unless otherwise required by law) upon the approval of a special use permit authorized consistent with Article V, Special Uses, of Chapter 405 of this Zoning Code following a duly advertised public hearing by the Planning and Zoning Commission and Governing Body, subject to the following additional limitations:
Applications. Applications for special use permits shall be filed on such forms required by the Director and processed subject to the requirements of and in the manner and time frame as established for special use permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00). Except as otherwise provided by law, no application for a special use permit under this Section shall be deemed complete until the applicant has paid all fees and deposits required under this Chapter. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application.
Decision and findings required. A decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence may be submitted with the application or thereafter, or presented during the public hearing by the applicant or others.
Findings required. In addition to the determinations or limitations specified herein and by Article V, Special Uses, of Chapter 405 of this Zoning Code for the consideration of special use permits, no special use permit shall be approved by the Governing Body unless findings in the affirmative are made that the following conditions exist:
That the design of the wireless communications facilities, including ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this Chapter. New towers shall be of a monopole design; and
That the design is a disguised support structure, or that a disguised support is not feasible.
That the proposal fully complies with applicable law, including the general requirements herein; provided that an exception to the general requirements, other than building or safety code compliance, may be approved upon evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown.
Additional Height Limitations. No tower shall be approved at a height exceeding one hundred fifty (150) feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity using the tower.
Historic Preservation; Thirty-Day Hearing Period. A special use permit shall not be issued for any wireless communications facilities that the Governing Body determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a historic preservation district or such district as a whole. For collocation of any certified historic structure as defined in Section 253.545, RSMo., in addition to all other applicable time requirements, there shall be a thirty-day time period before approval of an application during which one or more public hearings on collocation to a certified historic structure are held.
[Ord. No. 7831 §1, 3-14-2016]
Notwithstanding any right that may exist for a governmental entity to operate or construct wireless communications facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any wireless communications facilities in violation of any provision of this Chapter, regardless of whether such wireless communications facilities are located on land owned by a governmental entity.
[Ord. No. 7831 §1, 3-14-2016]
Except as may otherwise be provided by law, any person violating any prohibition in this Chapter shall be subject to a fine of not more than five hundred dollars ($500.00) or ninety (90) days in jail or both. Each day the violation continues shall constitute a separate offense.
[Ord. No. 7831 §1, 3-14-2016]
The administrative review procedures set forth in Article III of Chapter 100 ("Board of Code Appeals") shall govern appeals by any aggrieved person of a final action of any City Officer, employee, board, commission, or the Board of Aldermen that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Article III shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions.