Time Limits.
All applications regarding wireless facilities and wireless support structures shall be processed in accordance with the time limits established by Sections 67.5090 through 67.5103, RSMo.
Fees.
Fees for applications regarding wireless facilities and wireless support structures shall not exceed the limits established by Sections 67.5090 through 67.5103, RSMo.
New Wireless Support Structure/Substantial Modification.
Prior to the issuance of a building permit, administrative permit, or a conditional use permit, the City shall require an applicant proposing to construct a new wireless support structure, or to make a substantial modification to a wireless support structure, to include a copy of a lease, letter of authorization, or other agreement from the property owner evidencing the applicant's right to pursue the application and shall require such applicant to comply with all applicable permitting and land use ordinances of the City. Any decision denying such application shall be provided in writing to the applicant. With regard to an application for a new wireless support structure, the applicant shall provide to the City a statement affirming that it conducted an analysis of available co-location opportunities on existing wireless towers within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.
Permitted Use.
The placement of the following is permitted in all zoning districts by issuance of a building permit by St. Louis County:
1. Co-location and replacement applications, provided that no permit may be issued for co-location to a certified historic structure as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the Director of Public Works within thirty (30) days prior to issuance. The Director of Public Works shall post public notice of such hearing in a prominent location at the City Government Center at least fifteen (15) days in advance of such hearing and shall provide written notice to all property owners within the City limits whose property lies within three hundred (300) feet of the parcel for which an application has been submitted. Co-location and replacement applications shall be required to comply with all applicable State and local building codes, National Electric Safety Code, recognized industry standards for structural safety, capacity, reliability, and engineering, but shall not be required to comply with other zoning or land use requirements, including design or placement requirements or public hearing review.
2. The mounting of antennas on any building or structure such as a water tower, provided that the presence of the antennas is concealed by architectural elements or camouflaged by painting a color identical to the surface to which they are attached.
3. The installation of antennas or the construction of a wireless facility or wireless support structure on buildings or land owned by the City following the approval of a lease agreement by the Board of Aldermen.
4. The installation of antennas or the construction of a wireless facility or wireless support structure on buildings or land owned by the State or any agency of the Federal government.
Administrative permit required.
An administrative permit issued by the Director of Public Works is required as set forth below:
1. Permitted placement. The placement of the following is permitted in all zoning districts upon issuance of an administrative permit approved by the Director of Public Works:
a. The construction of a disguised support structure, provided that all related equipment shall be placed underground when the structure is located on property zoned for residential use. Equipment may be placed in a cabinet if the disguised support structure is incidental to a multifamily, institutional, or non-residential use.
b. The installation of wireless facilities or the construction of a wireless support structure on buildings or land owned by a political subdivision of the state.
c. The placement of dual solar panel antennas on wooden or steel utility poles, not to exceed 40 feet in height, provided that all related equipment is contained in a cabinet.
d. Wireless support structures erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.
2. Application procedures.
a. Applications for administrative permits shall be made on the appropriate forms to the Director of Public Works, accompanied by payment of the prescribed fee.
b. A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements, including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height above ground level of the existing or proposed wireless facility and/or wireless support structure.
c. The application shall be reviewed by the Director of Public Works to determine compliance with the applicable standards and transmit the application for review and comment by other City departments as may be affected by the proposed wireless facilities and/or wireless support structures.
d. The Director of Public Works shall issue a decision on the permit within the applicable time limits. The Director of Public Works may consider the purposes of this section and the factors established herein for granting a conditional use permit as well as any other considerations consistent with this section and applicable law. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.
Conditional use permit required.
All proposals to install, build or modify a wireless facility or wireless support structure not covered under Section
26-77D or Section
26-77E, above, shall require the approval of the Board of Aldermen by conditional use permit following receipt of recommendation by the Planning, Zoning, and Architectural Review Commission and a duly advertised public hearing by the Board of Aldermen.
1. Applications for a conditional use permit shall be filed and processed in the manner and time frame as established under the zoning code and, if applicable, Sections 67.5090 through 67.5103, RSMo.
2. The review procedure for an application for a conditional use permit under this Section shall be in the manner set forth in Article
III, Applications And Procedures, Section
26-11, Conditional Use Permit, of this Code. A decision by the Board on an application shall be 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.
3. No wireless support structure shall be approved in excess of one hundred (100) feet in height 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 sharing the support structure. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The report of the consultant shall include a statement that no available alternatives exist to exceeding the height limitation or the reason why such alternatives are not viable.
Removal Of Antenna Support Structures.
Any wireless facility or support structure no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the facility and/or support structure. In the case of co-use, this provision shall not become effective until all users cease operations. Any wireless support structure, or the upper portion of any wireless support structure, which is occupied by an inactive antenna for a period of six (6) months shall be deemed a nuisance and shall be removed by the City at the owner's expense.
Filing Of Bond Or Other Security Prior To Permit Issuance.
To the extent permitted by law, any applicant for a new wireless facility or wireless support structure not built as a disguised support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this Section, including without limitation, failure to remove such structure as required pursuant to Subsection
G of this Section, or any other applicable regulations. The bond or security shall be in the form approved by the Director of Public Works, in an amount not less than fifteen thousand dollars ($15,000), or such additional amount as is determined by the Director of Public Works to protect the City in the event of non-compliance with the requirements hereof.
Unlawful Operation Of Wireless Facilities Or Support Structures. Notwithstanding any right that may exist for a governmental entity to operate or construct a wireless facility or support structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new wireless facility or support structure in violation of this Section, regardless of whether such facility or support structure is located on land owned by a governmental entity.
See Section
26-77C for more information.
See also Section
26-77: Telecommunications Towers And Facilities for more detailed information.
