[Ord. No. 7042, 8-24-2023]
In recognition of the requirements of the Federal Telecommunications
Act of 1996,[1] this Article is designed and intended to balance the interests
of the residents of O'Fallon, the wireless telecommunication
service providers and the wireless telecommunication service customers
in the siting of wireless telecommunication facilities within the
City of O'Fallon while ensuring that this objective is achieved
in a manner that preserves the aesthetic character of the City and
is accomplished without posing a hazard to the health, safety and
public welfare of the residents of the City and adjacent communities.
[1]
Editor's Note: See 47 U.S.C.A. § 609 et seq.
[Ord. No. 7042, 8-24-2023]
The following definitions shall apply in the interpretation
and enforcement of this Article:
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 support
structure.
The act of installing an additional wireless telecommunication
antenna on an existing wireless telecommunication support structure
that has one (1) or more existing wireless telecommunication antennas.
A wireless telecommunication facility whereby the wireless
telecommunication antennas are completely concealed within or appear
as a common architectural feature of a building or structure. "Concealed
telecommunication facilities" include, but are not limited to, clock
towers, bell towers, church steeples, chimneys and rooftop religious
symbols whereby the wireless telecommunication antennas are completely
internal and completely concealed from view to a casual observer.
This term shall not include any utility pole.
A wireless telecommunication facility whereby the wireless
telecommunication antennas are externally attached to an existing
structure. "Disguised antenna telecommunication facilities" include,
but are not limited to, water towers, clock towers, chimneys, smokestacks,
building parapets, building facades, building rooftops, bell towers,
church steeples, billboards, sign structures and observation towers
whereby the wireless telecommunication antennas are external to the
structure, but are camouflaged, screened, painted or otherwise obscured
so as not to be easily identifiable to a casual observer. This term
shall not include any utility pole.
One (1) foot of setback for each foot of height of a wireless
telecommunication support structure plus ten (10) feet.
A wireless telecommunication support structure that is not
self-supporting and is instead supported by guy wires and ground anchors
and is used to support one (1) or more externally-visible wireless
telecommunication antennas.
A self-supporting wireless telecommunication support structure
constructed of vertical metal struts and cross braces forming a triangular
or square structure which often tapers from the foundation to the
top and is used to support one (1) or more externally visible wireless
telecommunication antennas.
A self-supporting, pole-type wireless telecommunication support
structure used to support one (1) or more externally visible wireless
telecommunication antennas. Note: A monopole telecommunication tower
whereby the wireless telecommunication antennas are completely internal
and completely concealed from view is considered a stealth telecommunication
tower.
A wireless telecommunication facility whereby the wireless
telecommunication antennas are externally attached to an existing
structure. Mounted antenna telecommunication facilities include, but
are not limited to, water towers, clock towers, chimneys, smokestacks,
building parapets, building facades, building rooftops, bell towers,
church steeples, billboards, sign structures and observation towers
whereby the wireless telecommunication antennas are external to the
structure, but are camouflaged, screened, painted or otherwise obscured
so as not to be easily identifiable to a casual observer.
Removal of one (1) or more components of an existing wireless
telecommunications support structure and installation or construction
of new components of the same size, width, height and proportions
to those of the removed components such that the replacement of the
components does not increase the size, width, height and proportions
of the wireless telecommunications support structure.
A self-supporting wireless telecommunication support structure
that has the false appearance of a manmade or natural feature whereby
the wireless telecommunication antennas are completely internal and
completely concealed from view. Stealth telecommunication towers include,
but are not limited to, poles, artificial trees, flagpoles and light
poles.
The collocation of antennas on an existing wireless telecommunication
support structure or replacement which, as applied to the structure
as it was originally constructed:
Increases the existing vertical height of the structure or appurtenances
so that such height exceeds the maximum height for such structure
within the particular zoning district; or
Increases the width of the structure; or
Involves adding exterior appurtenances to the body of wireless
telecommunications support structure when such exterior appurtenances
are prohibited in the zoning district; or
Involves adding an appurtenance to the body of a wireless telecommunications
support structure that protrudes horizontally from the edge of the
wireless telecommunication 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); or
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.
The physical device through which electromagnetic wireless telecommunication signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators and satellite dish receiving antennas permitted under Section 500.410 of the Municipal Code are excluded from this definition.
The structure or cabinet in which the electronic receiving
and relay equipment and all related equipment such as cabling, back-up
generators, batteries, etc., for wireless telecommunication service
is housed.
Any structure, facility or location established for the purpose
of providing wireless transmission of voice, data, images or other
information, including, but not limited to, cellular telephone service,
personal telecommunications service and paging service. A wireless
telecommunication facility may include, but is not limited to, the
wireless telecommunication support structure, the wireless telecommunication
antenna, the wireless telecommunication equipment shelter or cabinet
and all related equipment such as cabling, back-up generators, batteries,
etc.
The transmission and reception of audio, video, data and
other information by radio frequency, electromagnetic waves, light
or other non-wired electronic or electromagnetic systems.
A structure primarily designed to support wireless telecommunication
antennas, including, but not limited to, stealth telecommunication
towers, monopole telecommunication towers, lattice telecommunication
towers, and guyed telecommunication towers. This term shall not include
any utility pole. Note: Speculative wireless telecommunication support
structures whereby there is not at least one (1) wireless telecommunication
service provider identified for the proposed structure at the time
of application shall be prohibited.
[Ord. No. 7042, 8-24-2023]
A.
Proposed Wireless Telecommunication Facilities Requiring A Conditional
Use Permit And Site Plan Review Approval.
1.
Applicants for a wireless telecommunication facility that include
a proposed new or enlarged wireless telecommunication support structure
shall require a conditional use permit and site plan review approval.
A proposed wireless telecommunication facility that includes a new
wireless telecommunication support structure that is within a one
(1) mile radius of any existing wireless telecommunication support
structure(s) (regardless of political jurisdiction) shall only be
conditionally permitted if the applicant states in its application
that it conducted an analysis of available collocation opportunities
on existing wireless telecommunication support structures within such
radius and considered those if any were available.
2.
If substantial modifications are proposed for any existing wireless
telecommunication support structure which required a conditional use
permit to be constructed, such modifications shall require a conditional
use permit (or amended conditional use permit) and site plan review
approval.
B.
Proposed Wireless Telecommunication Facilities Requiring Site Plan
Review Approval.
C.
Collocations And Replacements Not Deemed Substantial Modifications
Shall Require Administrative Site Plan Approval. Collocations and
replacements which do not constitute substantial modifications, as
defined and limited in this Article, shall require administrative
site plan approval and shall not require approval by the Planning
and Zoning Commission or a conditional use permit.
[Ord. No. 7042, 8-24-2023]
A.
Conditionally Permitted Wireless Telecommunication Facilities.
1.
Within the City's residential zoning districts ("R-1,"
"R-1A," "R-2," "R-3," "R-4," "R-5" and "TGD"), stealth telecommunication
towers shall be conditionally permitted at any non-residential site
that has a residential zoning district classification (such as religious
institutions, schools, fire stations, libraries, utility substations,
cemeteries, parks, golf courses, etc.). Stealth telecommunication
towers shall not exceed seventy-five (75) feet in height, and all
wireless telecommunication antennas must be internal and completely
concealed from view. Stealth telecommunication towers must conform
to the established building setbacks for the zoning district in which
they are situated and shall be set back a minimum distance equal to
the fall line from the property line of any residentially zoned property
or property used for residential purposes or property used for public
assembly, such as churches, schools or fraternal organizations, etc.
2.
Within the City's residential zoning districts ("R-1,"
"R-1A," "R-2," "R-3," "R-4," "R-5" and "TGD") and the residential
areas within the City's Mixed-Use Traditional Development District
(MUTDD), stealth telecommunication towers shall be conditionally permitted
within the common ground of a residential subdivision with approval
of the subdivision's homeowners' association. The residential
subdivision's homeowners' association must be under the
complete control of the residents of the subdivision. (Homeowners'
associations under full or partial control of developers and/or home
builders are not eligible). Stealth telecommunication towers shall
not exceed seventy-five (75) feet in height, and all wireless telecommunication
antennas must be internal and completely concealed from view. Stealth
telecommunication towers within the common ground of a residential
subdivision shall be set back a minimum distance equal to the fall
line from any residential structure and from such uses as pools, picnic
pavilions, sport courts, sport fields, playgrounds, etc., or property
used for public assembly, such as churches, schools or fraternal organizations,
etc.
B.
Permitted Wireless Telecommunication Facilities. Within the City's
residential zoning districts ("R-1," "R-1A," "R-2," "R-3," "R-4,"
"R-5" and "TGD"), the following types of proposed wireless telecommunication
facilities shall require site plan review approval and shall meet
the following requirements:
1.
Concealed Telecommunication Facilities. Concealed telecommunication
facilities shall be permitted on any non-residential structure that
is within a residential zoning district (such as religious institutions,
schools, fire stations, libraries, utility substations, etc.). All
wireless telecommunication antennas, electronic receiving and relay
equipment and related equipment, such as cabling, back-up generators,
batteries, etc., must be completely internal and completely concealed
from view to a casual observer.
2.
Disguised Antenna Telecommunication Facilities. Disguised antenna
telecommunication facilities shall be permitted on any non-residential
structure that is within a residential zoning district (such as a
water towers, billboards, religious institutions, schools, fire stations,
libraries, utility substations, etc.). Wireless telecommunication
antennas shall not extend greater than five (5) feet beyond the edge
of the structure to which they are attached. The wireless telecommunication
antennas shall be camouflaged, screened, painted to match the existing
structure or otherwise obscured so as not to be easily identifiable
to a casual observer.
[Ord. No. 7042, 8-24-2023]
A.
Conditionally Permitted Wireless Telecommunication Facilities. Within
the City's commercial zoning districts ("C-O," "C-1," "C-2,"
"C-3" and the High Tech Corridor District (HTCD), the Agricultural
Zoning District (AG), the Park-Recreation Zoning District (P-R) and
non-residential sites within the City's Mixed-Use Traditional
Development District (MUTDD), stealth telecommunication towers and
monopole telecommunication towers shall be conditionally permitted
and shall meet the following requirements:
1.
Stealth Telecommunication Towers. Stealth telecommunication
towers shall not exceed one hundred twenty-five (125) feet in height,
and all wireless telecommunication antennas must be internal and completely
concealed from view. Stealth telecommunication towers must conform
to the established building setbacks for the zoning district in which
they are situated and shall be set back a minimum distance equal to
the fall line from the property line of any residentially zoned property
or property used for residential purposes or property used for public
assembly, such as churches, schools or fraternal organizations, etc.
2.
Monopole Telecommunication Towers. Monopole telecommunication
towers with externally visible wireless telecommunication antennas
shall not exceed one hundred twenty-five (125) feet in height. Monopole
telecommunication towers must conform to the established building
setbacks for the zoning district in which they are situated and shall
be set back a minimum distance equal to the fall line from the property
line of any residentially zoned property or property used for residential
purposes or property used for public assembly, such as churches, schools
or fraternal organizations, etc.
B.
Permitted Wireless Telecommunication Facilities. Within the City's
commercial zoning districts ("C-O," "C-1," "C-2," "C-3" and, the High
Tech Corridor District (HTCD), the Agricultural Zoning District (AG),
the Park-Recreation Zoning District (P-R) and the non-residential
sites within the City's Mixed-Use Traditional Development District
(MUTDD), the following types of proposed wireless telecommunication
facilities shall require site plan review approval and shall meet
the following requirements:
1.
Concealed Telecommunication Facilities. Concealed telecommunication
facilities shall be permitted on any non-residential structure that
is within the City's commercial zoning districts ("C-O," "C-1,"
"C-2," "C-3" and, the High Tech Corridor District (HTCD), the Agricultural
Zoning District (AG), the Park-Recreation Zoning District (P-R) and
the non-residential sites within the City's Mixed-Use Traditional
Development District (MUTDD). All wireless telecommunication antennas,
electronic receiving and relay equipment and related equipment, such
as cabling, back-up generators, batteries, etc., must be completely
internal and completely concealed from view to a casual observer.
2.
Disguised Antenna Telecommunication Facilities. Disguised antenna
telecommunication facilities shall be permitted on any non-residential
structure that is within the City's commercial zoning districts
("C-O," "C-1," "C-2," "C-3" and, the High Tech Corridor District (HTCD),
the Agricultural Zoning District (AG), the Park-Recreation Zoning
District (P-R) and the non-residential sites within the City's
Mixed-Use Traditional Development District (MUTDD). Wireless telecommunication
antennas shall not extend greater than five (5) feet beyond the edge
of the structure to which they are attached. The wireless telecommunication
antennas shall be camouflaged, screened, painted to match the existing
structure or otherwise obscured so as not to be easily identifiable
to a casual observer.
[Ord. No. 7042, 8-24-2023]
A.
Conditional Permitted Wireless Telecommunication Facilities. Within
the City's industrial zoning districts ("I-1" and "I-2"), stealth
telecommunication towers, monopole telecommunication towers, guyed
telecommunication towers and lattice telecommunication towers shall
be conditionally permitted and shall meet the following requirements:
1.
Stealth Telecommunication Towers. Stealth telecommunication
towers shall not exceed one hundred fifty (150) feet in height, and
all wireless telecommunication antennas must be internal and completely
concealed from view. Stealth telecommunication towers must conform
to the established building setbacks for the zoning district in which
they are situated and shall be set back a minimum distance equal to
the fall line from the property line of any residentially zoned property
or property used for residential purposes or property used for public
assembly, such as churches, schools or fraternal organizations, etc.
2.
Monopole Telecommunication Towers. Monopole telecommunication
towers with externally visible wireless telecommunication antennas
shall not exceed one hundred fifty (150) feet in height. Monopole
telecommunication towers must conform to the established building
setbacks for the zoning district in which they are situated and shall
be set back a minimum distance equal to the fall line from the property
line of any residentially zoned property or property used for residential
purposes or property used for public assembly, such as churches, schools
or fraternal organizations, etc.
3.
Guyed Telecommunication Towers And Lattice Telecommunication
Towers. Guyed telecommunication towers and lattice telecommunication
towers with externally visible wireless telecommunication antennas
shall not exceed one hundred fifty (150) feet in height. Guyed telecommunication
towers (including the guy wires and ground anchors) and lattice telecommunication
towers must conform to the established building setbacks for the zoning
district in which they are situated and shall be set back a minimum
distance equal to the fall line from the property line of any residentially
zoned property or property used for residential purposes or property
used for public assembly, such as churches, schools or fraternal organizations,
etc.
B.
Permitted Wireless Telecommunication Facilities. Within the City's
industrial zoning districts ("I-1" and "I-2"), the following types
of proposed wireless telecommunication facilities shall require site
plan review approval and shall meet the following requirements:
1.
Concealed Telecommunication Facilities. Concealed telecommunication
facilities shall be permitted on any non-residential structure that
is within the City's industrial zoning districts ("I-1" and "I-2").
All wireless telecommunication antennas, electronic receiving and
relay equipment and related equipment, such as cabling, back-up generators,
batteries, etc., must be completely internal and completely concealed
from view to a casual observer.
2.
Disquised Antenna Telecommunication Facilities. Disguised antenna
telecommunication facilities shall be permitted on any non-residential
structure that is within the City's industrial zoning districts
("I-1" and "I-2"). Wireless telecommunication antennas shall not extend
greater than five (5) feet beyond the edge of the structure to which
they are attached. The wireless telecommunication antennas shall be
camouflaged, screened, painted to match the existing structure or
otherwise obscured so as not to be easily identifiable to a casual
observer.
[Ord. No. 7042, 8-24-2023]
Collocations and replacements that are not deemed to be substantial
modifications shall be permitted in all zoning districts as long as
such collocations and replacements comply with the regulations pertaining
to such wireless telecommunication facilities or support structures
within that particular zoning district.
[Ord. No. 7042, 8-24-2023]
A.
The following regulations pertain to all new wireless telecommunication
facilities proposed to be located within the City:
1.
Right To Modify Regulations And/Or Impose Additional Requirements
And Conditions. In granting site plan approval and/or a conditional
use permit for a proposed wireless telecommunication facility, the
Planning and Zoning Commission and/or City Council may impose any
additional requirements or conditions deemed necessary to minimize
any adverse effect of the proposed wireless telecommunication facility
on adjoining properties or the general health, safety and welfare
of the inhabitants of the City and adjacent communities. In addition,
in granting site plan approval and/or a conditional use permit for
a proposed wireless telecommunication facility, the Planning and Zoning
Commission and/or City Council may modify any of the requirements
of this Article deemed to constitute an unnecessary hardship on the
applicant without the need for a variance(s) through the City's
Board of Adjustment if it is determined that it shall not adversely
affect the general health, safety and welfare of the inhabitants of
the City and adjacent communities. By allowing the Planning and Zoning
Commission and/or City Council to modify any of the requirements of
this Article deemed to constitute an unnecessary hardship on the applicant,
this would no longer place the burden upon the Planning and Zoning
Commission and/or City Council of having to decide whether a proposed
wireless telecommunication facility should be approved contingent
upon receiving a variance(s) through the Board of Adjustment. This
would also no longer place the burden upon the Board of Adjustment
of having to decide whether or not to grant the requested variance(s)
on a proposed wireless telecommunication facility that it has limited
familiarity with that was approved by the Planning and Zoning Commission
and/or City Council contingent upon receiving the requested variance(s).
2.
Capacity Of Wireless Telecommunication Facilities. All new wireless
telecommunication support structures over fifty (50) feet in height
shall be designed to accommodate the maximum number of wireless telecommunication
antennas that is proportional to the type and height of said wireless
telecommunication support structure as determined by the applicant's
licensed engineer and shall be attested to in his or her application.
3.
Measurement Of The Height And Distance Requirements For Wireless
Telecommunication Support Structures. The height of a wireless telecommunication
support structure shall be measured from the existing grade of the
base of the wireless telecommunication support structure to the top
of the wireless telecommunication support structure or, if higher,
to the top of the highest wireless telecommunication antenna mounted
on said wireless telecommunication support structure. The distance
of a wireless telecommunication support structure from another wireless
telecommunication support structure shall be measured from the center
of the bases of the wireless telecommunication support structures.
The distance of a wireless telecommunication support structure from
a residentially zoned property or property used for residential purposes
shall be measured from the center of the wireless telecommunication
support structure to the property line of any residentially zoned
property or property used for residential purposes.
4.
Design Of Wireless Telecommunication Facilities. Wireless telecommunication
facilities shall be constructed of non-reflective materials and colors
that match or blend with the surrounding natural or built environment
to minimize visibility. Unless otherwise required, muted colors, earth
tones and subdued hues shall be used. Wireless telecommunication antennas
that are external shall be camouflaged, screened, painted or otherwise
obscured so as not to be easily identifiable to a casual observer.
Rooftop-mounted antenna telecommunication facilities shall only be
erected on buildings and structures with a flat roof and shall be
set back from the edge of the building or structure no less than one
(1) foot for every one (1) foot of vertical height of the wireless
telecommunication antenna and shall be screened so as not to be readily
visible from surrounding properties. Stealth telecommunication towers
in the form of artificial trees must resemble trees native to this
region that hold their leaves or needles during the winter, including,
but not limited to, evergreens such as pine and spruce trees. Stealth
telecommunication towers in the form of artificial trees shall be
compatible in size and scale with the surrounding natural environment,
and all wireless telecommunication antennas must be completely internal
and completely concealed from view.
5.
Design Of Wireless Telecommunication Equipment Shelters, Enclosures
And Cabinets. Equipment and other supplies in support of wireless
telecommunication facilities shall be stored inside a wireless telecommunication
equipment shelter, enclosure or cabinet at least equal in height to
the equipment to be stored within said wireless telecommunication
equipment shelter, enclosure or cabinet. The equipment shelter, enclosure
and cabinets and other ground facilities shall be compatible in scale
and integrated architecturally with the design of surrounding buildings
and the surrounding natural or built environment. The Planning and
Zoning Commission and/or the City Council shall make reasonable requirements
and permit conditions with respect to the type, design, size and appearance
of all wireless telecommunication equipment shelters, enclosures or
cabinets and other ground facilities. Wireless telecommunication equipment
shelters, enclosures or cabinets placed within underground vaults
are encouraged and may be required by the Planning and Zoning Commission
and/or City Council. All wireless telecommunication equipment shelters,
enclosures and cabinets shall be located where they will be least
visible from surrounding properties. All wireless telecommunication
equipment shelters, enclosures and cabinets must conform to the established
building setbacks for the zoning district in which they are situated.
No equipment, including, but not limited to, GPS antennas, lights,
cables or cable racks, etc., shall extend above or be mounted on the
outside of any equipment shelter, enclosure or cabinet. All access
points shall be equipped with a sight-proof gate the same height of
the enclosure.
6.
Landscaping And Fencing. Wireless telecommunication equipment
shelters and cabinets and other ground facilities may be required
by the Planning and Zoning Commission and/or City Council to be enclosed
with security fencing and/or sight-proof fencing. Landscaping may
be required by the Planning and Zoning Commission and/or City Council
around the perimeter of the fencing to aid in the visual screening
of the wireless telecommunication equipment shelters, enclosures and
cabinets. A minimum six (6) foot tall security fence with an appropriate
anti-climbing device shall be placed around the perimeter of all lattice
towers and guyed towers (including the guy wires and anchors). Landscaping
at least equal in height to the security fencing may be required by
the Planning and Zoning Commission and/or City Council around the
perimeter of the security fencing of all lattice towers and guyed
towers. The Planning and Zoning Commission and/or City Council may
require fencing and/or landscaping around the perimeter of stealth
telecommunication towers and monopole telecommunication towers if
deemed necessary to visually screen and/or provide security around
the wireless telecommunication support structures.
7.
Lighting Of Wireless Telecommunication Support Structures. Beacon
lights shall not be permitted on the top of wireless telecommunication
support structures except as required by the Federal Aviation Administration.
Ground-mounted lighting of flagpoles in the form of stealth telecommunication
towers shall be required for all flags flown at night. Other forms
of lighting may be permitted by the Planning and Zoning Commission
and/or City Council.
8.
Access And Parking. Paved access shall be provided to all wireless
telecommunication equipment shelters, enclosures and cabinets and
to all wireless telecommunication support structures. A minimum of
one (1) paved parking space may be required on-site for each two (2)
wireless telecommunication service providers the wireless telecommunication
facility is designed to support.
9.
Maintenance, Construction And Operation. Licensed maintenance
and construction personnel shall perform all maintenance and construction
of wireless telecommunication facilities. Wireless telecommunication
service providers shall at all times employ ordinary and reasonable
care and shall install and maintain in use nothing less than commonly
accepted methods and devices for preventing failures and accidents
which are likely to cause damage, injuries or nuisances to the public.
Operators shall install and maintain wireless telecommunication facilities
and equipment in full compliance with the requirements of the National
Electric Safety Code and all Federal Communication Commission, State
and City regulations. All wireless telecommunication facilities shall
at all times be kept and maintained in good condition, order and repair
so that the same shall not menace or endanger the life or property
of any person. Wireless telecommunication facilities shall be operated
in a manner that will minimize noise impacts. All air-conditioning
units and any other equipment that may emit noise shall be enclosed
or equipped with noise attenuation devices. Back-up generators shall
only be operated during periods of power outages or for routine daytime
testing.
10.
Removal Of Abandoned Wireless Telecommunication Facilities.
Any wireless telecommunication facility that is no longer in service
for any reason for six (6) consecutive months shall be deemed abandoned
and hazardous to the public health and safety. In the case of multiple
operators sharing use of a wireless telecommunication facility, this
provision shall not become effective until all users cease operations.
Determination of the date of abandonment shall be made by the Director
of Planning and Development based upon documentation provided from
the owner/operator of the wireless telecommunication facility and/or
the Federal Communication Commission as to the date the said wireless
telecommunication facility ceased operation. Any wireless telecommunication
facility that is deemed abandoned shall be removed at the owner/operator's
expense and the site restored to a natural state. The owner/operator
shall be given ninety (90) days from the date of abandonment to remove
the wireless telecommunication facility. If the owner/operator fails
to remove said wireless telecommunication facility within ninety (90)
days from the date of abandonment, the City shall cause the removal
of the wireless telecommunication facility and the restoration of
the site to its natural state, the cost of which shall be billed to
the owner/operator. In any legal action to recover any delinquent
payments, the City shall recover its costs and attorney fees.
11.
Pre-Existing Wireless Telecommunication Support Structures. An inventory of all wireless telecommunication support structures that exist within the City and within a one (1) mile radius of the City shall be maintained by the Planning and Development Department. Wireless telecommunication support structures that are not in compliance with this Article that exist prior to the effective date of this Article shall be considered a legal non-conforming use subject to the provisions of Article VIII, Non-Conforming Uses; provided, however, that collocation and replacements may be made to such structure in accordance with this Article.
[Ord. No. 7042, 8-24-2023]
A.
General Requirements.
1.
Applicants for a wireless telecommunication facility that include
a proposed new or enlarged wireless telecommunication support structure
and substantial modifications to such structures shall require a conditional
use permit and site plan review approval.
a.
In accordance with Section 400.820(A) of this Article, a proposed wireless telecommunication facility that includes a new wireless telecommunication support structure that is within a one (1) mile radius of any existing wireless telecommunication support structure(s) (regardless of political jurisdiction) shall only be conditionally permitted if the applicant states in its application that it conducted an analysis of available collocation opportunities on existing wireless telecommunication support structures within such radius and considered those if any were available.
b.
Speculative wireless telecommunication support structures, whereby
there is not at least one (1) wireless telecommunication service provider
identified for the proposed structure at the time of application for
the conditional use permit and site plan, shall be prohibited.
3.
Applicants for collocations and replacements not deemed substantial
modifications shall require administrative site plan approval. Neither
review and approval by the Planning and Zoning Commission nor a conditional
use permit are required.
4.
Pre-Application Conference. Prior to the submittal of any of
the above-listed application(s), it is highly recommended that the
applicant request and attend a pre-application conference with the
staff of the City's Planning and Development Department. The
purpose of the pre-application conference is to:
B.
Application Requirements — Proposed Wireless Telecommunication
Facilities That Include A New Or Enlarged Wireless Telecommunication
Support Structure and Substantial Modifications To Such Structures.
Applicants for a proposed wireless telecommunications facility that
includes a new or enlarged wireless telecommunication support structure
and substantial modifications to such a structure shall require both
approval of a conditional use permit and a site plan submitted in
accordance with the following requirements:
1.
A completed conditional use permit application with all the required accompanying information listed on the application checklist. If the applicant is not the owner of the parcel of land upon which the wireless telecommunication facility is proposed, the applicant shall submit, as part of the application, a copy of the lease or the written consent of the owner and the name, address, and telephone number of the owner. Note: Conditional use permit applications are subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within thirty (30) days of the date of the submission of the application.
2.
For any wireless telecommunication facility that includes a
new wireless telecommunication support structure that is within a
one (1) mile radius of any existing wireless telecommunication support
structure(s) (regardless of political jurisdiction), the applicant
shall state in its application that it conducted an analysis of available
collocation opportunities on existing wireless telecommunication support
structures within such radius and considered those if any were available.
3.
A completed site plan application with all the required accompanying
information listed on the application checklist. If the applicant
is not the owner of the parcel of land upon which the wireless telecommunication
facility is proposed, the applicant shall submit, as part of the application,
a copy of the lease or the written consent of the owner and the name,
address, and telephone number of the owner. The application shall
be deemed complete unless the Commission notifies the applicant of
any deficiencies in writing within thirty (30) days of the date of
the submission of the application.
4.
In addition to information required to be shown on the site plan per Section 400.580 of the Zoning Code, the site plan, drawn to a scale that is easily readable, shall clearly indicate:
a.
The location of the proposed wireless telecommunication facility;
b.
The location and dimension of the proposed lease area;
c.
A vertical profile sketch of the type, design and height of
the proposed new or enlarged wireless telecommunication support structure
or substantial modification that includes the type, size, number,
design and location of the wireless telecommunication antenna to be
installed on the wireless telecommunication support structure;
d.
Identification of the number of additional wireless telecommunication
antennas (collocation) that the telecommunication support structure
has been designed to accommodate;
e.
The setback distances and required fall line distances from
adjacent residential property boundaries or property used for public
assembly, such as churches, schools or fraternal organizations, etc.;
f.
The proposed location, size and design of the applicant's
proposed wireless telecommunication equipment shelter, enclosure or
cabinet or substantial modifications thereto;
g.
The proposed landscaping and fencing of both the telecommunication
support structure and the wireless telecommunication equipment shelter,
enclosure or cabinet; and
h.
The proposed access and parking for the wireless telecommunication
support structure and the wireless telecommunication equipment shelter
or cabinet.
5.
Written, technical report from a licensed professional engineer that the proposed wireless telecommunication facility meets the standards set forth in Section 400.860 of this Article.
6.
Color photo simulations showing the proposed site of the wireless
telecommunication facility with a photo-realistic representation of
the proposed wireless telecommunication support structure and wireless
telecommunication antennas as it/they would appear viewed from all
sides of the site. The color photo simulations shall show the proposed
wireless telecommunication facility and all proposed landscaping,
fencing and other methods of screening.
7.
Material and color samples shall be provided of the proposed
wireless telecommunication support structure, wireless telecommunication
antennas and wireless telecommunication equipment shelter, enclosure
or cabinet at the meetings of the Planning and Zoning Commission and
City Council.
8.
Time Period For Consideration Of Application. The Planning and
Zoning Commission and the City Council shall, within one hundred twenty
(120) calendar days following submission of an application under this
section or other time period mutually agreed upon by the applicant
and the City, review the application and make its final decision to
approve or deny the application and advise the applicant in writing
of its final decision. If no action is taken within the required time
period, the application shall be deemed approved.
C.
Application Requirements — Concealed Telecommunication Facilities
And Disguised Antenna Telecommunication Facilities And Substantial
Modifications To Such Facilities. Applicants for a concealed telecommunication
facility and a disguised antenna telecommunication facility and substantial
modifications to such facilities shall require approval of a site
plan review submitted in accordance with the following requirements:
1.
A completed site plan application with all the required accompanying
information listed on the application checklist. If the applicant
is not the owner of the parcel of land upon which the wireless telecommunication
facility is proposed, the applicant shall submit, as part of the application,
a copy of the lease or written consent of the owner and the name,
address, and telephone number of the owner. The application shall
be deemed complete unless the Commission notifies the applicant of
any deficiencies in writing within thirty (30) days of the date of
the submission of the application.
2.
In addition to Information required to be shown on the site plan per Section 400.580 of the Zoning Code, the site plan shall clearly indicate:
a.
The type of the proposed wireless telecommunication facility;
b.
The location and type of building or structure upon which or
within which the proposed wireless telecommunication antenna is to
be located;
c.
The type, design, height, location and method of screening for
the proposed wireless telecommunication antenna;
d.
The location and dimension of the proposed lease area;
e.
Identification of the number of additional wireless telecommunication
antennas (collocation) that the wireless telecommunication facility
has been designed to accommodate (if applicable);
f.
The proposed location, size and design of the proposed wireless
telecommunication equipment shelter, enclosure or cabinet;
g.
The proposed landscaping and fencing of both the telecommunication
support structure (if applicable) and the wireless telecommunication
equipment shelter, enclosure and cabinet; and
h.
The proposed access and parking for the existing wireless telecommunication
support structure (if applicable) and the wireless telecommunication
equipment shelter, enclosure or cabinet.
3.
Written, technical report from a licensed professional engineer that the proposed wireless telecommunication facility meets the standards set forth in Section 400.860 of this Article.
4.
Color photo simulations showing the proposed site of the wireless
telecommunication facility with a photo-realistic representation as
it would appear viewed from all sides of the site. The color photo
simulations shall show the proposed wireless telecommunication facility
and all proposed landscaping, fencing and other methods of screening.
5.
Material and color samples shall be provided of the proposed
concealed telecommunication facility, wireless telecommunication antennas
and wireless telecommunication equipment shelter, enclosure or cabinet
at the meetings of the Planning and Zoning Commission and City Council.
6.
Time Period For Consideration Of Application. The Planning and
Zoning Commission and the City Council shall, within one hundred twenty
(120) calendar days following submission of an application under this
section or other time period mutually agreed upon by the applicant
and the City, review the application and make its final decision to
approve or deny the application and advise the applicant in writing
of its final decision. If no action is taken within the required time
period, the application shall be deemed approved.
D.
Application Requirements. Proposed Collocation and Replacement Not
Deemed Substantial Modifications. Applicants for a proposed collocation
or replacement not deemed to be a substantial modification shall require
administrative approval of a site plan submitted in accordance with
the following requirements:
1.
A completed site plan application with all the required accompanying
information listed on the application checklist. If the applicant
is not the owner of the parcel of land upon which the wireless telecommunication
facility is proposed, the applicant shall submit, as part of the application,
a copy of the lease or written consent of the owner and the name,
address, and telephone number of the owner. The application shall
be deemed complete unless the Commission notifies the applicant of
any deficiencies in writing within fifteen (15) days of the date of
the submission of the application.
2.
In addition to information required to be shown on the site plan per Section 400.580 of the Zoning Code, the site plan shall clearly indicate:
a.
The type and placement of the collocation or replacement proposed;
b.
The location and type of building or structure upon which or
within which the proposed wireless telecommunication antenna is to
be located or replacement is to be made;
c.
The type, design, height and method of screening for the proposed
wireless telecommunication antenna or replacement (in the case of
a disguised telecommunication facility or mounted telecommunication
facility);
d.
A vertical profile sketch of the type, design and height of
the existing wireless telecommunication support structure and the
type, size, design and location of the proposed wireless telecommunication
antenna to be installed or replacement to be made to the existing
wireless telecommunication support structure;
e.
The setback distances and required fall line distance from adjacent
residences or property used for public assembly, such as churches,
schools or fraternal organizations, etc.;
f.
The location and dimension of the proposed lease area;
g.
Identification of the number of additional wireless telecommunication
antennas (collocation) that the wireless telecommunication facility
has been designed to accommodate (if applicable);
h.
The location, size and design of the existing shelter or cabinet
or other ground facilities and the proposed location, size and design
of the proposed wireless telecommunication equipment shelter or cabinet
or ground facilities;
i.
The proposed landscaping and fencing of both the telecommunication
support structure (if applicable) and the wireless telecommunication
equipment shelter;
j.
The proposed access and parking for the existing wireless telecommunication
support structure (if applicable) and the wireless telecommunication
equipment shelter or cabinet; and
k.
Any other information required for telecommunication facilities
and support structures within the particular zoning district.
3.
Written, technical report from a licensed professional engineer that the proposed wireless telecommunication facility meets the standards set forth in Section 400.860 of this Article.
4.
Color photo simulations showing the proposed site of the wireless
telecommunication facility with a photo-realistic representation as
it would appear viewed from all sides of the site. The color photo
simulations shall show the proposed wireless telecommunication facility
and all proposed landscaping, fencing and other methods of screening.
5.
Material and color samples shall be provided of the proposed
disguised telecommunication facility, wireless telecommunication antennas
and wireless telecommunication equipment shelter or cabinet.
6.
No administrative collocation or replacement shall result in
an increase of the structure itself or any appurtenance to a height
which exceeds the maximum height for such structure in the particular
zoning district.
7.
No administrative collocation or replacement shall result in
an increase of the width of the structure.
8.
No administrative collocation or replacement shall result in
the placement of exterior appurtenances on the structure where such
exterior appurtenances are prohibited within the zoning district.
9.
The proposed collocation of additional wireless telecommunication
antennas on and replacement of components of a legal non-conforming
wireless telecommunication support structure shall only require administrative
site plan approval. In reviewing the site plan, the Planning and Zoning
Commission may impose any of the requirements of this Article deemed
necessary to minimize any adverse effect of the wireless telecommunication
facility on adjoining properties or the general health, safety and
welfare of the inhabitants of the City and adjacent communities.
10.
Time Period For Consideration Of Application. The Department
shall, within forty-five (45) calendar days following submission of
an application under this Section or other time period mutually agreed
upon by the applicant and the City, review the application and make
its final decision to approve or deny the application and advise the
applicant in writing of its final decision. If no action is taken
within the required time period, the application shall be deemed approved.
[Ord. No. 7042, 8-24-2023]
A.
General Requirements.
1.
Applicants seeking to install an antenna and related equipment
to a certified historic structure as defined in Section 253.545, RSMo.,
shall obtain a certificate of appropriateness from the Historic Preservation
Commission and site plan review approval. All applications under this
Section shall be the subject of at least one (1) public hearing held
by either the Historic Preservation Commission or the Planning and
Zoning Commission.
2.
Pre-Application Conference. Prior to the submittal of an application
for installation of an antenna on a certified historic structure,
it is highly recommended that the applicant request and attend a pre-application
conference with the staff of the City's Planning and Development
Department and representatives of the City's Historic Preservation
Commission. The purpose of the pre-application conference is to:
3.
Certificate Of Appropriateness. Applicants shall submit an application for a certificate of appropriateness in accordance with Section 120.460 of the Municipal Code. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within thirty (30) days of the date of the submission of the application.
4.
Site Plan Approval. The applicant shall submit a completed site
plan application with all the required accompanying information listed
on the application checklist. If the applicant is not the owner of
the parcel of land upon which the wireless telecommunication facility
is proposed, the applicant shall submit, as part of the application,
a copy of the lease or written consent of the owner and the name,
address, and telephone number of the owner. The application shall
be deemed complete unless the Commission notifies the applicant of
any deficiencies in writing within thirty (30) days of the date of
the submission of the application.
a.
In addition to information required to be shown on the site plan per Section 400.580 of the Zoning Code, the site plan shall clearly indicate:
(1)
The type and location of all proposed attachments
and components to be attached to or installed upon the certified historic
structure and the type and location of all other equipment, ground
facilities and cabinets proposed to be constructed on the property;
(2)
The type, design, height and method of screening
for the proposed wireless telecommunication antenna or replacement;
(3)
An architectural rendering of the certified historic
structure showing the facade and all architectural features of the
existing structure and the type, size, design, height, and screening
of the proposed antenna and other facilities in relation to the facade
and existing architectural features;
(4)
The setback distances and required fall line distance
from adjacent residences or property used for public assembly, such
as churches, schools, or fraternal organizations, etc. if applicable;
(5)
The location and dimension of the proposed lease
area;
(6)
Identification of the number and location of additional
wireless telecommunication antennas currently located on the certified
historic structure (if applicable);
(7)
The location, size and design of any existing shelter
or cabinet or other ground facilities and the proposed location, size
and design of the proposed wireless telecommunication equipment shelter
or cabinet or ground facilities;
(8)
The proposed landscaping and fencing of the wireless
telecommunication equipment shelter; and
(9)
The proposed access and parking for the wireless
telecommunication equipment shelter or cabinet.
b.
Written, technical report from a licensed professional engineer that the proposed wireless telecommunication facility meets the standards set forth in Section 400.860 of this Article.
c.
Color photo simulations showing the proposed site of the wireless
telecommunication facility with a photo-realistic representation as
it would appear viewed from all sides of site. The color photo simulations
shall show the proposed wireless telecommunication facility and all
proposed landscaping, fencing and other methods of screening.
d.
Material and color samples shall be provided of the proposed
disguised telecommunication facility, wireless telecommunication antennas
and wireless telecommunication equipment shelter or cabinet.
B.
Time Period For Consideration Of Application. The Historic Preservation
Commission and the Planning and Zoning Commission shall, within one
hundred fifty (150) calendar days following submission of an application
under this Section or other time period mutually agreed upon by the
applicant and the City, review the application and make its final
decision to approve or deny the application and advise the applicant
in writing of its final decision. If no action is taken within the
required time period, the application shall be deemed approved.
