[Ord. No. 2400 § 1, 12-6-2016[1]]
(a)
The purpose
of this Article is to establish guidelines for the siting of all wireless,
cellular, television and radio telecommunication towers and antennas.
The goals of this Article are:
(1)
To encourage the location of towers in non-residential areas;
(2)
To minimize the total number of towers within the community necessary
to provide adequate personal wireless services to residents of the
City;
(3)
To encourage the joint use of new and existing tower sites among
service providers;
(4)
To locate telecommunication towers and antennas in areas where adverse
impacts on the community are minimized;
(5)
To encourage the design and construction of towers and antennas to
minimize visual impacts; and,
(6)
To enhance the ability of the providers of telecommunication services
to deliver such services to the community effectively and efficiently.
[1]
Editor's Note: Ord. No. 2400 superseded the regulations relocated
by Ord. No. 2398. The editor has renumbered the Sections set out within
Ord. No. 2400 as Sections 5-8.1 through 5-9.4 to be Sections 5-50
through 5-63, respectively.
[Ord. No. 2400 § 1, 12-6-2016]
For the purpose of this Article, the following terms shall be
defined as follows:
Any clock towers, bell towers, church steeples, light/power
poles, electric transmission towers, man-made trees (without accessory
buildings/structures), and similar natural or man-made alternative
design mounting structures that camouflage or conceal the presence
of antennas or towers.
Any exterior apparatus designed for wireless telecommunication,
radio, or television communications through the sending and/or receiving
of electromagnetic waves.
The City of Eureka Zoning Enforcement Officer.
The placement of the antennas of two (2) or more service
providers upon a single tower or alternative tower structure.
The City of Eureka Building Department.
The Federal Aviation Administration.
The Federal Communications Commission.
The general vicinity within which the placement of an antenna
is necessary to meet the engineering requirements of an applicant's
cellular network or other broadcasting needs.
The Board of Aldermen of the City of Eureka, Missouri, or
other governmental entity controlling affected real property.
When referring to a tower or other structure, shall mean
the distance measured from ground level to the highest point on the
tower structure or appurtenance.
Structures as set forth in Section 5-52(d) of this Aricle.
Those geographic areas containing visually significant or
unique natural features, as identified in the City of Eureka Comprehensive
Plan.
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.
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas, including
self-supporting lattice tower, guy towers, or monopole towers. The
term includes radio and television transmission towers, microwave
towers, common carrier towers, cellular telecommunications towers,
man-made trees (with accessory buildings/structures) and other similar
structures.
The appropriate design, arrangement and location of tower
structures in relation to the developed or natural environment to
avoid abrupt or severe differences.
[Ord. No. 2400 § 1, 12-6-2016]
(a)
Height Limitations. The height of an antenna or tower structure,
which shall not exceed the minimum height required for the effective
operation of the wireless communication equipment.
(b)
Governmental Exemption. The provisions of this Article shall not
apply to governmental facilities and structures. Private facilities
and structures proposed for placement on governmentally owned property
shall not be exempt.
(c)
Amateur Radio; Receive-Only Antennas. This Article shall not govern
any tower, or the installation of any antenna, that is ten (10) feet
or less in height and is owned and operated by a Federally licensed
amateur radio station operation from the operator's residence, or
is used exclusively as a receive-only antenna.
(d)
Preexisting Towers And Antennas. Any tower or antenna for which a
permit has been properly issued prior to the effective date of this
Article shall not be required to meet the provisions of this Article,
other than the requirements of Sections 5-61 and 5-62. Any such towers
or antennas shall be referred to in this Article as "Preexisting Towers"
or "Preexisting Antennas."
(e)
Additional Antenna. If an additional antenna is co-located upon a
pre-existing tower after adoption of this Article, fencing and landscaping
requirements of Sections 5-56 and 5-57 shall be met as part of the
permitting process.
(f)
Parking Spaces. Not less than two (2) off-street parking spaces conforming
to the parking space standards of the City Code shall be provided
on the lot where the telecommunications tower is located. All parking
spaces shall be inside any fencing or buffering installed on the lot.
[Ord. No. 2400 § 1, 12-6-2016]
(a)
Principal Or Accessory Use. A tower and/or antenna is considered
a principal use if located on any lot or parcel of land as the sole
or primary structure, and is considered an accessory use if located
on a lot or parcel shared with a different existing primary use or
existing structure. An existing use of structure on the same lot or
parcel shall not preclude the installation of an antenna or tower.
For purposes of determining whether the installation of a tower or
antenna complies with zoning district requirements, including but
not limited to setback, buffer and other requirements, the dimensions
of the entire lot or parcel shall control, even though the antenna
or tower may be located on a leased area within such lot or parcel.
Towers that are constructed, and antennas that are installed, in accordance
with the provisions of this Article shall not be deemed to constitute
the expansion of a non-conforming use or structure.
(b)
Inventory Of Existing Sites. To facilitate the colocation of antennas,
each applicant seeking to locate a new tower, alternative tower structure
or antenna, or modify any such existing structure, shall provide to
the Department an inventory of existing towers or alternative tower
structures. Applicants seeking to erect an amateur radio tower or
antenna shall be exempt from this provision. The inventory shall include
all such structures that are within the jurisdiction of or in whole
or in part within the municipal boundaries of the City and shall include
specific information about the location, height, design, tower type
and general suitability for antenna colocation of each tower and other
pertinent information as may be required by the Department. The Department
may share such information with other applicants or other organizations
seeking to locate towers or antennas within the City, provided, however,
that the Department is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable.
[Ord. No. 2400 § 1, 12-6-2016]
(a)
The guidelines
set forth in this Section shall govern the design and construction
of all towers, and the installation of all antennas, governed by this
Article.
(1)
Towers and/or antennas shall either maintain a galvanized steel or
concrete finish or, subject to any applicable standards of the FAA,
be painted a neutral color so as to reduce visual obtrusiveness to
the extent possible and practical.
(2)
At all tower sites, the design of all buildings and related structures
shall use materials, colors, textures, screening, and landscaping
that will blend with the tower facilities to the natural setting and
building environment to the extent possible and practical.
(3)
For antennas installed on a structure other than a tower, the antenna
and supporting electrical and mechanical ground equipment shall be
of a neutral color so as to make the antenna and related equipment
visually unobtrusive to the extent possible and practical.
(4)
Towers shall not be artificially lighted, unless required by the
FAA or other applicable authority. If lighting is required, the governing
authority may review the available lighting alternatives and approve
the design that would cause the least disturbance to the surrounding
views.
(5)
No signage or other identifying markings of a commercial nature shall
be permitted upon any tower or alternative tower structure within
the City.
[Ord. No. 2400 § 1, 12-6-2016]
(a)
The following
setbacks and separation requirements shall apply to all towers:
(1)
Towers shall be set back a distance equal to one-third (1/3) of the
height of the tower from its base to any public right-of-way or property
line of the lot or parcel containing the tower. Minimum setback from
all adjoining property lines shall be that required for principal
structures in the applicable zoning district, plus two (2) feet for
every additional one (1) foot in height in excess of forty-five (45)
feet.
(2)
Guy-wires and accessory buildings and facilities shall meet the minimum
accessory use location and setback requirements and shall be located
on the same lot as the tower and shall be installed in accordance
with all applicable safety standards.
(3)
Towers over one hundred and fifty (150) feet in height shall not
be located closer than one thousand five hundred (1,500) feet from
any existing tower unless it is shown by the applicant that no other
location will meet the requirements of the network.
(4)
The equipment for a telecommunications tower shall conform to the
minimum set back requirements for the zoning district in which it
is located.
[Ord. No. 2400 § 1, 12-6-2016]
All towers and supporting equipment shall be enclosed by fencing
not less than six (6) feet in height and shall also be equipped with
appropriate anti-climbing devices. Fencing shall be of coated chain
link, wood or other approved alternative. Amateur radio towers and
antennas, or receive-only antennas shall not be subject to the provisions
of this Section unless required by the Board of Aldermen.
[Ord. No. 2400 § 1, 12-6-2016]
(a)
The following
requirements shall govern landscaping surrounding all towers:
(1)
Where adequate vegetation is not present, tower facilities shall
be landscaped with a landscaped strip of plant materials which effectively
screens the view of the tower compound. Landscaped strips shall be
a minimum of ten (10) feet in width and located outside the fenced
perimeter of the compound. Landscaped strips shall satisfy the minimum
design and planting requirements for buffers as determined by the
Building Commissioner.
(2)
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. Where natural vegetation
around the perimeter of the site would provide an adequate visual
screen, an undisturbed buffer may be utilized. Amateur radio towers
and antennas, or receive-only antennas shall not be subject to the
provisions of this Section unless required by the Board of Aldermen.
[Ord. No. 2400 § 1, 12-6-2016]
All towers must provide the City with evidence of compliance
with all current standards and regulations of the FAA, the FCC, the
State of Missouri and any other agency of the Federal or State government
with the authority to regulate towers and antennas prior to the issuance
of a permit hereunder. If such standards and regulations are changed,
the owners of the towers and antennas governed by this Article shall
bring such towers and antennas into compliance with such revised standards
and regulations within six (6) months of the effective date of such
standards and regulations unless a more or less stringent compliance
schedule is mandated by the controlling Federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
[Ord. No. 2400 § 1, 12-6-2016]
To ensure the structural integrity of towers, the owner, permittee
or subsequent lessee of a tower or alternative tower structure shall
ensure that it is maintained in compliance with standards contained
in applicable local building codes and the applicable standards for
towers that are published by the Electronic Industries Associates,
as amended from time to time. If, upon inspection, the Building Commissioner
concludes that a tower fails to comply with all applicable codes and
standards, or constitutes a danger to persons or property, then upon
receipt of written notice by the owner, permittee or lessee of the
tower, said party shall have fifteen (15) days to bring the tower
into compliance with such standards. If the owner, permittee or lessee
fails to bring the tower into compliance within the fifteen (15) days,
the governing authority may remove the tower at the owner's, permittee's
or lessee's expense. Prior to the removal of any tower, the Department
may consider detailed plans submitted by the owner, permittee or subsequent
lessee for repair of substandard towers, and may grant a reasonable
extension of the above referenced compliance period. Any such removal
by the governing authority shall be in a manner consistent with the
Revised Statutes of Missouri.
[Ord. No. 2400 § 1, 12-6-2016]
(a)
Each applicant requesting a building permit under this Article shall
submit a scaled site plan, scaled elevation view and supporting drawings,
calculations and other documentation, signed and sealed by appropriate
licensed professionals, showing the location and dimensions of all
improvements, including topography (utilizing minimum two (2) foot
contour intervals), tower height requirements, setbacks, access driveways
or easements, parking, fencing, landscaping, adjacent uses, and any
other information deemed necessary to access compliance with this
Article and compatibility with surrounding uses. The application shall
include a written narrative explaining why the location and proposed
height of the tower is necessary for the effective operation of the
communication services coverage area, and shall verify that the height
requested is the minimum height required to effectively provide service.
(b)
Amateur radio antennas shall meet the requirements of this Article.
Certain documentation requirements of this Section may be waived by
the Building Commissioner for amateur radio antenna applications.
(c)
The Building Commissioner shall respond to each application within
thirty (30) days of its receipt with a determination if the application
is sufficient. Upon receiving a complete application, the Building
Commissioner shall issue his/her determination on the application
in compliance with the Revised Statutes of Missouri, as otherwise
adopted or amended, or within ninety (90) days of the receipt of a
complete application, whichever is less. If the Department fails to
respond to the applicant within the required period, the application
shall be deemed to be approved. Any denial of a request to place,
construct or modify a telecommunications facility shall be in writing
and supported by substantial evidence contained in a written record.
(d)
As part of any approval, the Building Commissioner or the Board of
Aldermen may administratively reduce setback requirements by up to
ten percent (10%) to compensate for irregularly shaped lots or parcels.
(e)
As a part of the approval, the Building Commissioner or the Board
of Aldermen may impose conditions to the extent that it is concluded
such conditions are necessary to minimize adverse effects from the
proposed tower on adjoining or nearby properties.
(f)
All information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical shall be certified by a licensed
professional engineer or qualified industry expert.
(g)
Application Fee. All applications for a permit shall be submitted
to the Building Department with the required fee. An application shall
not be accepted for processing without the information required in
this Article. An application fee shall be charged by the Department
in an amount stated in the schedule of fees and charges. The applicant
shall pay the cost of an independent technical review of the telecommunications
tower permit application if such review is deemed necessary by the
Building Commissioner.
[Ord. No. 2400 § 1, 12-6-2016]
Upon the transfer of ownership of any tower, alternative tower
structure or lot upon which such a structure has been erected, the
tower permittee shall notify the Building Department of the transaction,
in writing, within thirty (30) days.
[Ord. No. 2400 § 1, 12-6-2016]
Any tower or antenna that is not operated for a continuous period
exceeding twelve (12) months shall be considered abandoned, and the
owner of such antenna or tower shall remove the structure within one
hundred twenty (120) days of receipt of notice from the Department
notifying the owner of such abandonment. If said tower or antenna
is not removed within said one hundred twenty (120) days, the governing
authority may, in the manner provided in the Municipal Code remove
such antenna or tower at the owner's expense.
[Ord. No. 2400 § 1, 12-6-2016]
(a)
The issuance
or denial of any permit under this Chapter may be appealed within
thirty (30) days of the Building Commissioner's action to the Board
of Aldermen. The Board of Aldermen shall dispense with the objection
by either:
(1)
A determination that the application is valid and meets all applicable
criteria of this Article, which shall result in the issuance of a
Building Permit; or
(2)
A determination that the application is in error, in which case the
Building Commissioner shall be instructed in writing to issue a permit
with any conditions set by the Board.
