HomeMy WebLinkAbout1577 Amending City Code 400 Communications Antennas BILL NO: 2018-005 ORDINANCE NO: 1117
AN ORDINANCE AMENDING CITY CODE CHAPTER 400 RELATED TO
COMMUNICATIONS ANTENNAS AND SUPPORT STRUCTURES.
WHEREAS, the City has been granted the authority to enact legislation to regulate the
construction, placement, and operation of communications antennas and support structures pursuant to
its zoning powers established in Chapter 89 of the Missouri Revised Statutes and additionally pursuant
to its general and specific police powers established by Statute (including Chapters 67 and 392 RSMo.)
authorizing the regulations herein to protect the public health, safety, and welfare; and
WHEREAS, the City has specifically been granted authority including Section 67.1830 RSMo.
to establish permitting requirements for communications antennas and other structures or equipment for
wireless communication facilities in the rights-of-way and the City desires to reaffirm its intent to
regulate and enforce permitting requirements for the wireless communication facilities in the rights-of-
way; and
WHEREAS, consistent with the Telecommunications Act of 1996, and as amended in 2014, the
amendments to the City's Code concerning communication antennas and support structures will not
have the effect of prohibiting the provision of personal wireless services and do not unreasonably
discriminate among functionally equivalent providers of such service. The regulations also impose
reasonable restrictions to protect the public safety and welfare and to ensure opportunities for placement
of antennas with prompt approval by the City. This Ordinance does not attempt to regulate areas within
the exclusive jurisdiction of the FCC; and
WHEREAS, after due public notice in the manner prescribed by law, the Planning and Zoning
Commission held a public hearing, and rendered a report to the Board of Aldermen recommending that
Chapter 400 of the UDO be amended as it relates to communications antennas and support structures;
and
WHEREAS, after due public notice in the manner prescribed by law, the Board of Aldermen
held a public hearing to consider the proposed amendment to the UDO; and
WHEREAS, the Board of Aldermen has determined that it is in the best interest of the City that
the proposed amendments to Chapter 400 of the UDO be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY
OF RIVERSIDE, MISSOURI, as follows:
SECTION 1 —ADOPTION OF AMENDMENT. Section 400.440(G) of the City Code of the City of
Riverside, Missouri is hereby amended to read as follows:
G. Communications Antennas and Support Structures:
1. Applicability.
a. District height limitations. The requirements set forth in this Article shall govern the
location of towers and antennas that are installed in all'zoning districts. The height limitations
applicable to buildings and structures shall not apply to towers and antennas.
b. Public property and rights of way. Antennas, towers, and associated equipment
located on property owned, leased or otherwise controlled by the governing authority, including
rights-of-way, shall comply with the requirements of this Article, in addition to the requirement
that a license, lease,or agreement authorizing such antenna or tower must have been approved
by the governing authority.
c. Amateur radio receive-only antennas. This Article shall not govern any tower or the
installation of any antenna that is under seventy(70) feet in height and is owned and operated by
a Federally-licensed amateur radio station operator or is used exclusively for receive-only
antennas.
d. Pre-existing 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
requirements of this Section. Any such towers or antennas shall be referred to as "pre-existing
towers" or "pre-existing antennas".
f. Preemption.Notwithstanding any ordinance to the contrary,the procedures set forth in
this Article shall be applicable to all Wireless Communications Facilities existing or installed,
built, or modified after the effective date of this Article to the fullest extent permitted by law.No
provision of this Article 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 Article 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.
2. General guidelines and requirements.
a. Purpose—goals. The purpose of this Article is to establish general guidelines for the
siting of towers and antennas. The goals of this Article are to:
(1) Encourage the location of towers in non-residential areas and minimize the
total number of towers throughout the community.
(2) Encourage users of towers and antennas to locate them,to the extent
possible, in areas where the adverse impact on the community is minimal.
(3) Encourage users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas.
(4)Enhance the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively and efficiently.
b.Principal or accessory use. Towers may be either a principal or incidental use in all
commercial and industrial zoning districts, subject to any applicable requirement relating to yard
or setback. 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, setbacks, and lot size, applicable to
a primary use in the district in which the use is proposed as if it was a separate subdivided lot.
No other district shall allow Towers unless required by law. All other wireless facilities other
than Towers,may be a principal or incidental use in all districts subject to the requirements
herein
c.Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to
the Director of Planning and Economic Development or their designees an inventory of its
existing towers that are either within the jurisdiction of the governing authority or within one-
quarter('/4) mile of the border thereof, including specific information about the location, height
and design of each tower.
e. Aesthetics—lighting. The guidelines set forth in this Article shall govern the location
of all towers, and the installation of all antennas governed by the Article provided,however,that
the Planning Commission may waive these requirements if it determines that the goals of this
Article are better served thereby or if the requirements are not technically feasible as
demonstrated by the applicant with substantial evidence.
(1) Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as to reduce visual
obtrusiveness.
(2)At a tower site,the design of the buildings and related structures shall,to the
extent possible, use materials, colors,textures, screening and landscaping that will blend
the tower facilities to the natural setting and building environment. Metal equipment
buildings are prohibited.
(3) If an antenna is installed on a structure other than a tower,the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to or closely compatible with the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(4) Towers,antennae, and small wireless facilities shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting is required,the
Director of Planning and Economic Development or their designees may review the
available lighting alternatives and approve the design.
f.Federal requirements. All towers must meet current standards and regulations of the
FAA,the FCC and any other agency of the Federal Government with the authority to regulate
towers and antennas. If such standards and regulations are changed, then the owners of the
towers and antennas 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 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.
g. Building codes—safety standards. All requirements of this Article of the Code shall
apply to the construction, modification and maintenance of each Tower and are reincorporated
herein as building code requirements to the extent permitted by law. To ensure the structural
integrity of towers,the owner of a tower 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 Association, as amended from time to time. Any
structural modification or alteration to an existing tower or antenna will require a structural
analysis by a licensed professional engineer as part of the application for the same, unless waived
by the Director of Planning and Economic Development. If, upon inspection,the inspector
concludes that a tower fails to comply with such codes and standards and constitutes a danger to
persons or property,then upon notice being provided to the owner of the tower,the owner shall
have thirty (30) days to bring such tower into compliance with such standards. If the owner fails
to bring such tower into compliance within said thirty (30) days,the City may remove such
tower at the owner's expense.
h. Setbacks and separation. The following setbacks and separation requirements shall
apply to all towers and antennas,provided however,that the City may reduce the standard
setbacks and separation requirements if the goals of this Section would be better served thereby.
(1) Towers must be set back a distance equal to the height of the tower plus
twenty(20) feet from any residential structure.
(2) Towers, guys and accessory facilities must satisfy the minimum zoning district
setback requirements.
i.Securityfencing. All towers and antennas shall be protected from unauthorized access
by appropriate security measures. A description of the proposed security measures shall be
provided as part of any application to install,build or modify towers or antennas. Additional
measures may be required as a condition of the issuance of a building permit or administrative
permit as deemed necessary by the Director of Planning and Economic Developer or their
designees and the board of aldermen in the case of a special use permit. Towers, antennas, and
any appurtances shall be safely maintained and fenced or otherwise secured to prevent
unauthorized access or climbing. Barbed, electrified,or razor wire is prohibited.
j.Landscaping. The following requirements shall govern the landscaping surrounding
towers,provided however,that the City may waive such requirements if the goals of this Section
would be better served thereby.
(1)Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the tower compound from adjacent residential areas;
standard buffer shall consist of a landscaped strip at least four(4) feet wide on the
residential side of the compound.
(2) Existing mature tree growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as towers sited on large,
wooded lots, natural growth around the property perimeter may be sufficient buffer.
3.Administrative approvals.
a. General.
(1) The Director of Planning and Economic Development or their designees may
administratively approve the uses listed in this Section, provided that all such uses shall
comply with Section 400.440(G)(2) General Guidelines and Requirements and all other
applicable ordinances.
(2) Each applicant for administrative approval shall apply to the Director of
Planning and Economic Development or their designees, providing the information set
forth in Sections 400.440(G)(4)(c) Information Required.
(3) If an administrative approval is denied,the applicant may appeal said denial
in accordance with the provisions of the zoning ordinance concerning appeals of
administrative decisions.
b. Specific administratively approved uses. The following uses may be approved by the
Director of Planning and Economic Development or their designees after conducting an
administrative review:
(1) Locating a tower or antenna, including the placement of additional buildings
or other supporting equipment used in connection with said tower or antenna, in any "I"
zoning district, provided however, that such tower shall be set back from any existing off-
site residence a distance equal to the height of the tower plus twenty(20) feet.
(2) Installing an antenna on an existing structure, which does not already have an
existing antenna, (such as a building, sign, light pole, water tower or other freestanding
non-residential structure), so long as such addition does not add more than twenty(20)
feet to the height of the existing structure. The term"existing structure" as used in this
Article and as it relates to the regulation of telecommunications facilities in general shall
mean any structure capable of supporting antennas and small wireless facilities (other
than a tower) in full conformance with the design and other requirements of this article
and the city's Uniform Development Ordinance and is: (1)exiting prior to the date of all
applicable permit applications seeking city authorization for installation of facilities
thereon and (2)not built or installed in anticipation of such specific installation or erected
as a means to evade approvals applicable to a non-existing structure.
(3) Installing an antenna on an existing tower of any height, including a pre-
existing tower and further including the placement of additional buildings or other
supporting equipment used in connection with said antenna, so long as the addition of
said antenna adds no more than twenty (20) feet to the height of said existing tower.
(4) Small wireless facilities may be approved in any district and location
otherwise permitted for wireless facilities under the following process and requirements.
(a) A small wireless facility may be approved administratively by
submission of an application including showing specifications, dimensions,
photos, or drawings of completed installation, and property owner consent
("Owner Consent"). Owner Consent shall minimally include (1) written consent
by all fee simple owners of the underlying real estate (or where located in street
right-of-way, the right-of-way owner thereof), including when the proposed
location is also in a utility easement and (2) written consent of the owner of the
structure on which such facility is to be placed. The applicant is responsible also
to obtain and include the written consent of any other real property interest owner
that is required to lawfully use that location for the proposed use. A fully
complying small wireless facility may be exempted from the general requirements
of this Article relating to parking/access, setback, and screening set forth in this
Article unless determined by the Director of Planning and Economic
Development as applicable to the specific location. Provided the applications are
complete and address the requirements of this Article,the Director of Planning
and Economic Development shall endeavor to expedite these approvals and may
combine multiple applications/locations at one time in a single approval if they
determine that the applications are materially similar.
(b) In addition to all other applicable requirements, when a small wireless
facility is located on a utility pole, street light, or similar structure over or directly
adjacent to public or private streets, sidewalks, or other pedestrian or vehicle
ways, (1)the height of all portions of the small wireless facility shall be located at
least eight feet(8')above ground level; (2)no ground equipment shall be
permitted; and (3)no portions of the small wireless facility shall extend
horizontally from the surface of the pole or structure more than sixteen inches
(16"). Location, placement, and orientation of the small wireless facility shall, to
the extent feasible,minimize the obstruction or visibility from the closest adjacent
properties unless otherwise required by the city for safety reasons.
(c)The Director of Planning and Economic Development may for good
cause shown by the applicant increase any one or more of the maximum
specifications qualifying as a"Small Wireless Facility" stated in the applicable
definition by up to fifty percent (50%) if the carrier demonstrates that it: (1)does
not in any location nationally use equipment capable of meeting the specifications
and the purpose of the equipment and(2)cannot feasibly meet the requirements.
The board of aldermen may fisther waive one or more of the requirements to
qualify for small wireless facility approval upon good cause shown by the
applicant including as required by applicable law and provided a showing that the
waiver is the minimum necessary to accomplish the purposes of this section. The
burden of proof for any waiver shall be wholly on the applicant and must be
shown by clear and convincing evidence. The Director of Planning and Economic
Development may also, upon good cause shown, allow an existing structure to be
replaced with a structure of materially the same height and appearance (including
a width generally not greater than ten percent(10%)wider), if the purposes of this
Code are otherwise fully satisfied, including that the replacement structure fits in
with the built environment.
c.Application procedures. Applications for administrative permits shall be made on the
appropriate forms to the director and accompanied by a deposit of$500.00 or such other deposit
amounts as may be established by the board of aldermen. The deposit shall be used to cover
administrative costs and any telecommunications or other consulting fees or other actual, direct,
and reasonable costs that the city may incur in review of the application, but shall not include
such amounts as limited by applicable law. 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. Applicant shall submit along with its completed
application form.
(1)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 a 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 facilities.
(2) Proof of owner consent;
(3) Certified structural analysis as required herein; and
(4) all other information necessary to show compliance with the applicable
requirements of this Article.
d. In reviewing an application,the Director of Planning and Economic Development may
require the applicant to provide additional information, including technical studies, and/or to the
extent permitted by law, may require applicant to pay in addition to the cost of such studies if to
be performed by the city, if reasonably necessary to assess whether the standards for approval are
satisfied. An application shall not be deemed complete until satisfaction of all application
requirements and submission of all requested information as provided herein.
e. The Director of Planning and Economic Development shall issue a decision on the
permit within the time-frame permitted by applicable law. The Director of Planning and
Economic Development may deny the application or approve the application as submitted or
with such modifications as are, in their judgement,reasonably necessary to protect the safety or
general welfare of the citizens consistent with and to affect the purposes of this Article. The
Director of Planning and Economic Development may consider the purposes of this section and
factors established herein, for granting a special use permit as well as any other considerations
with the Article. A decision to deny an application shall be made in writing and state the specific
reasons for the denial.
4. Special use permits.
a. General. The following provisions shall govern the issuance of special use permits for
communication towers:
(1)If the tower or antenna is not permitted to be approved administratively
pursuant to Section 400.440(G)(3)Administrative Approvals,then a special use permit
shall be required for the construction of a tower or the placement of an antenna in all
zoning districts.
(2) In granting a special use permit, the Planning Commission shall hold a public
hearing as provided in the Code and submit a recommendation to the Board of Aldermen
within thirty(30) days following said hearing. The governing authority may impose
conditions allowed by law to the extent the governing authority concludes such
conditions are necessary to minimize any adverse effect of the proposed tower on
adjoining properties.
(3)Any information of an engineering nature that the applicant submits, whether
civil,mechanical or electrical, shall be certified by a licensed professional engineer.
b. Decision and Findings Required. A decision by the governing authority shall be
contemporaneously accompanied by substantial evidence support the decision, which shall be
made a part of the written record of the meeting at which the final decisions 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.
c.Information required. Each applicant requesting a special use permit shall submit a
scaled site plan and a scaled elevation view and other supporting drawings, calculations and
other documentation, signed and sealed by appropriate licensed professionals, showing the
location and dimensions of all improvements, including information concerning topography,
radio frequency coverage,tower height requirements, setbacks, drives,parking, fencing,
landscaping, adjacent uses and other information deemed by the City to be necessary to assess
compliance with this Article. For applications for sites within the City rights-of-way or on City-
owned property,no application shall be submitted for permit approval without attaching the
City's consent to use the right-of-way or property for the specific construction application. This
consent should be in the form of an agreement with the City to place and/or maintain private
improvements in the City rights-of-way or on City-owned property.
d. Factors considered in granting special use permits. The Board of Aldermen shall
consider the following factors in determining whether to issue a special use permit,although the
Board of Aldermen may waive or reduce the burden on the applicant of one(1)or more of these
criteria if the Board of Aldermen concludes that the goals of this Section are better served
thereby.
(1)Height of the proposed tower.
(2) Proximity of the tower to residential structures and residential district
boundaries.
(3)Nature of uses on adjacent and nearby properties.
(4) Surrounding topography.
(5) Surrounding tree coverage and foliage.
(6) Design of the tower, with particular reference to design characteristics that
have the effect of reducing or eliminating visual obtrusiveness.
(7)Proposed ingress and egress.
5.Notice of abandoned antennas and towers. Any antenna or tower that is not operated for a
continuous period of twelve(12)months shall be considered abandoned and the owner of such antenna
or tower shall remove same within ninety (90) days of receipt of notice from the City notifying the
owner of such abandonment. If such antenna or tower is not removed within said ninety (90)days, the
City may remove such antenna or tower at the owner's expense. If there are two (2) or more users of a
single tower, then this provision shall not become effective until all users cease using the tower.
SECTION 2 — SEVERABILITY CLAUSE. The portions of this Ordinance shall be severable. In the
event that any portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the
remaining portions of this Ordinance are valid, unless said court finds that the valid portions of this
Ordinance are so essential and inseparably connected with and dependent upon the void portion that it
cannot be presumed that the Board of Aldermen would have enacted the valid portions without the
invalid ones, or unless the court finds that the valid portions standing alone are incomplete and area
incapable of being executed in accordance with legislative intent.
SECTION 3 —EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the
date of its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVEP by a duIij'srity of the Board of Aldermen and APPROVED by the Mayor of the City of
RiveFsid¢; 's, day of r w 2018.
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Mia athleen L. Rose
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Robin Fneatdi City Jerk
Section 400.1080 Definitions
Small wireless facility means an antenna and associated equipment of: (1) no more than
three (3) cubic feet in volume (comprised of no more than ten(10) square feet of exterior surface
area on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of
four inches(4")or less);(2) located with the consent of the owner on (a)an existing structure such
as an electrical transmission tower, water tower, utility pole, building, or street light or (b)
concealed within or on a replacement street light if the height and appearance are not materially
altered; (3)not exceeding six feet (6')above the top of the existing structure; (4)a similar color to
the existing structure: (5) any portion above the existing structure shall be concealed and of the
same dimensions and appearance so as to appear to be a natural extension of the existing structure:
provided_that up to two (2) rod antenna less than two inches (2") in diameter and a height of not
more than thirty-four inches (34") may be located exposed directly over the existing structure in
lieu of an enclosure or concealment; and (6) shall not emit noise audible from the buildingline of
any residential zoned or used property. Volume shall be the measure of the exterior displacement
of the small wireless facility.
In addition to the above requirements, when located on a utility pole, street light, or similar
structure over or adjacent to public or private streets, sidewalks, or other pedestrian or vehicle
ways, (1)the height of all portions of the small wireless facility shall be located at least 8' above
ground level;(2)no ground equipment shall be permitted;and(3)no portions of the Small Wireless
Facility shall extend horizontally from the surface of the pole or structure more than sixteen inches
(16"). Location, placement, and orientation of the small wireless facility shall, to the extent
feasible, minimize the obstruction or visibility from the closest adjacent properties unless
otherwise required by the city for safety reasons. The director may for good cause shown alter the
maximum specifications qualifying as a "Small Wireless Facility" in this definition by up to fifty
percent (50%) if the carrier demonstrates that it: (I) does not in any location nationally use
equipment capable of meeting the specifications and the purpose of the equipment and (2) cannot
feasibly meet the requirements. The city council may further waive one or more of these
requirements upon good cause shown b t�pplicant including as required by applicable law and
provided a showing that the waiver is the minimum necessary to accomplish the purposes of this
section. The burden of proof for any waiver shall be wholly on the applicant and must be shown
by clear and convincing evidence.
Tower means a structure constructed as a freestanding structure or in association with a
building,other permanent structure or equipment designed for the support of one or more antennas
intended for transmitting or receiving television, AM/FM radio, digital, microwave, or similar
forms of wireless communications, including, but not limited to, guyed towers, radio and
television transmission towers, microwave towers, self-supporting (lattice) towers, or monopoles
but not disguised support structures or buildings. The term shall also not include any support
structure including attachments of 65 feet or less in height owned and operated solely for use by
an amateur radio operator licensed by the Federal Communication Commission.
G. Communications Antennas and Support Structures —
shall be sulaJeL4 to the f9lI9WiRg StaAdaFGIC
1. Applicability.
a. District height limitations. The requirements set forth in this Article shall govern the
location of towers and antennas that are installed in all zoning districts.The height limitations
applicable to buildings and structures shall not apply to towers and antennas.
b. Public property and rights of way.Antennas o-r-towers, and associated equipment
located on property owned, leased or otherwise controlled by the governing authority, including
rights-of-way, shall comply with the requirements of this Article, in addition to the requirement
that a license,-of-lease, or agreement authorizing such antenna or tower must have been
approved by the governing authority.
c. Amateur radio receive-only antennas.This Article shall not govern any tower or the
installation of any antenna that is under seventy(70)feet in height and is owned and operated
by a Federally-licensed amateur radio station operator or is used exclusively for receive-only
antennas.
d. Pre-existing towers and antennas. Any tower or antenna for which a permit has been
properly issued prior to the effective date of this C4 apteFArticle shall not be required to meet
the requirements of this Section,other than the requirements of Section 400.440(7)(b)(4)
Minimizing Number of Towers.Any such towers or antennas shall be referred to as "pre-existing
towers"or"pre-existing antennas".
f. Preemption. Notwithstanding any ordinance to the contrary,the procedures set forth
in this Article shall be applicable to all Wireless Communications Facilities existing or installed,
built,or modified after the effective date of this Article to the fullest extent permitted by law.
No provision of this Article 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 Article is now or in the future superseded or
Preempted by state or federal law orfound by a court of competent jurisdiction to be
unauthorized, such provision shall be automatically interpreted and applied as required by law.
2. General guidelines and requirements.
a. Purpose —goals.The purpose of this Article Seetioa is to establish general guidelines
for the siting of towers and antennas.The goals of this Article`.''^^^ are to:
(1) Encourage the location of towers in non-residential areas and minimize the
total number of towers throughout the community.
(2) CAGO wafi.d.,the ' Fit use of new and e 5t'..g t..weF s'tes
(23) Encourage users of towers and antennas to locate them,to the extent
possible, in areas where the adverse impact on the community is minimal.
(34) Encourage users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas.
(45) Enhance the ability of the providers of telecommunications services to
provide such services to the community quickly, effectively and efficiently.
b. Principal or accessory use. Towers may be either a principal or incidental use in all
commercial and industrial zoning districts,subject to any applicable requirement relating to yard
or setback. An incidental use subiect 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,setbacks,and
lot size, applicable to a primary use in the district in which the use is proposed as if it was a
separate subdivided lot. No other district shall allow Towers unless required by law. All other
wireless facilities other than Towers, may be a principal or incidental use in all districts subject
to the requirements herein
aceesseFy uses. A di4eFent existing use eF an existing StFUL#'-'FP AA the SaMP l9t shall Rat
c. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide
to the Director of Planning and Economic Development or their designees an inventory of its
existing towers that are either within the jurisdiction of the governing authority or within one-
quarter(Y4) mile of the border thereof, including specific information about the location, height
and design of each tower.
OFOaA ZatiGAS seeking te locate aAt@AAaS WithiA the City, PFOV46led howeveF,that the DiFeL F
get faFth in-Spaden 400.440(;f)(d)(41)Availability of Suitable 9xistiRgToweFS OF Q*hPF 4F'101 1F@9
that the Gity may waive these FequiFPFAPRU if it dPtPFFniRes that the geals of this Seetien gFe
e. Aesthetics — lighting.The guidelines set forth in this Article shall govern the location
of all towers, and the installation of all antennas governed by the Article provided, however,
that the Planning Commission may waive these requirements if it determines that the goals of
this Article are better served thereby or if the requirements are not technically feasible as
demonstrated by the applicant with substantial evidence.
(1) Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as to reduce visual
obtrusiveness.
(2)At a tower site,the design of the buildings and related structures shall,to
the extent possible, use materials,colors,textures,screening and landscaping that will
blend the tower facilities to the natural setting and building environment.Metal
equipment buildings are prohibitecipal.
(3) If an antenna is installed on a structure other than a tower,the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to or closely compatible with the color of the supporting structure so as to
make the antenna and related equipment as visually unobtrusive as possible.
(4)Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required,the Director of Planning and Economic
Development or their designees may review the available lighting alternatives and
approve the design that yOn-Ad raugp the least 616SWFlbanee to the use and enjoyment of
f. Federal requirements.All towers must meet,,�rexceed-kpczicurrent standards and
regulations of the FAA,the FCC and any other agency of the Federal Government with the
authority to regulate towers and antennas. If such standards and regulations are changed,then
the owners of the towers and antennas 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 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.
g. Building codes —safety standards.All requirements of this Article of the Code shall
apply to the construction, modification and maintenance of each Tower and are reincorporated
herein as building code requirements to the extent permitted by law.To ensure the structural
integrity of towers,the owner of a tower 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 Association, as amended from time to time. Anv
structural modification or alteration to an existing tower or antenna will require a structural
analysis by a licensed professional engineer as part of the application for the same, unless
waived by the Director of Planning and Economic Development. If,upon inspection,the
inspector concludes that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property,then upon notice being provided to the owner of the tower,
the owner shall have thirty(30)days to bring such tower into compliance with such standards. If
the owner fails to bring such tower into compliance within said thirty(30)days,the City may
remove such tower at the owner's expense.
h.Setbacks and separation.The following setbacks and separation requirements shall
apply to all towers and antennas, provided however,that the City may reduce the standard
setbacks and separation requirements if the goals of this Section would be better served
thereby.
(1)Towers must be set back a distance equal to the height of the tower plus
twenty(20)feet from any residential structure.
(2)Towers,guys and accessory facilities must satisfy the minimum zoning
district setback requirements.
nnt hp located within ene(1) mile fmm any existing toweF that is OVeF ninety(90)feet
height.
(3) g d'StFiL45 ot6^.than taweeveF ninety ION feet OR height e6^II
height.
i.Security fencing.T^ •'^"`hall hp enclosed by s :t,,fencingnot I^«than six (6)4^^t
n height and shall also be equipped with an appFapFiate anti Glimbing dey'Ge,PFOY'ded
heweveF,that the rit,.m waive ..h FeqWiFemeRts as it deems appFepFiate. All towers and
antennas shall be protected from unauthorized access by appropriate security measures.A
description of the proposed security measures shall be provided as part of any application to
install, build or modify towers or antennas.Additional measures may be required as a condition
of the issuance of a building permit or administrative permit as deemed necessary by the
Director of Planning and Economic Developer or their designees and the board of aldermen in
the case of a special use permit.Towers,antennas,and any appurtances shall be safely
maintained and fenced or otherwise secured to prevent unauthorized access or climbing.
Barbed, electrified, or razor wire is prohibited.
j. Landscaping.The following requirements shall govern the landscaping surrounding
towers, provided however,that the City may waive such requirements if the goals of this Section
would be better served thereby.
(1)Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the tower compound from adjacent residential areas;
standard buffer shall consist of a landscaped strip at least four(4)feet wide on the
residential side of the compound.
(2) Existing mature tree growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases,such as towers sited on
large,wooded lots, natural growth around the property perimeter may be sufficient
buffer.
3.Administrative approvals.
a. General.
(1)The Director of Planning and Economic Development or their designees may
administratively approve the uses listed in this Section, provided that all such uses shall
comply with Section 400.440(7)(b)General Guidelines and Requirements and all other
applicable ordinances.
(2) Each applicant for administrative approval shall apply to the Director of
Planning and Economic Development or their designees, providing the information set
forth in Sections 400.440(7)(d)(2)aad (4).Information Required.aad Availabi1 ty a
[(3)The DireeteF of Plan A iRg and Erenamic Development WthedF designees qhal I
FespeRd to eaeh such appliGatign within sFAy(60) days afteF Feceivine it by eitheF
IPC31
perGe..t 110%1
(3S) If an administrative approval is denied,the applicant may appeal said denial
in accordance with the provisions of the zoning ordinance concerning appeals of
administrative decisions.
b.Specific administratively approved uses.The following uses may be approved by the
Director of Planning and Economic Development or their designees after conducting an
administrative review:
(1) Locating a tower or antenna, including the placement of additional buildings
or other supporting equipment used in connection with said tower or antenna, in any"I"
zoning district, provided however,that such tower shall be set back from any existing
off-site residence a distance equal to the height of the tower plus twenty(20)feet.
(2) Installing an antenna on an existing structure,which does not already have
an existing antenna, AthPF thRR R tAWPF(such as a building,sign, light pole,water tower
or other freestanding non-residential structure),so long as such addition does not add
more than twenty(20)feet to the height of the existing structure.The term "existing
structure"as used in this Article and as it relates to the regulation of
telecommunications facilities in general shall mean any structure capable of supporting
antennas and small wireless facilities(other than a tower) in full conformance with the
design and other requirements of this article and the city's Uniform Development
Ordinance and is:(1)exiting prior to the date of all applicable permit applications
seeking city authorization for installation of facilities thereon and(2) not built or
installed in anticipation of such specific installation or erected as a means to evade
approvals applicable to a non-existing structure.
�M Installing an antenna on an existing tower of any height, including a pre-
existing tower and further including the placement of additional buildings or other
supporting equipment used in connection with said antenna, so long as the addition of
said antenna adds no more than twenty(20)feet to the height of said existing
tower4PC41
(4) (4)A small wireless facility may be approved administratively by submission
of an application including showing specifications,dimensions, photos,or drawings of
completed installation, and property owner consent("Owner Consent"). Owner
Consent shall minimally include(1)written consent by all fee simple owners of the
underlying real estate(or where located in street right-of-way,the right-of-way owner
thereof), including when the proposed location is also in a utility easement and (2)
written consent of the owner of the structure on which such facility is to be placed. The
applicant is responsible also to obtain and include the written consent of any other real
property interest owner that is required to lawfully use that location for the proposed
use. A small wireless facility may be exempted from the general requirements of this
Article relating to parking/access,setback, and screening set forth in this Article unless
determined by the Director of Planning and Economic Development as applicable to the
specific location. Provided the applications are complete and address the requirements
of this Article,the director shall endeavor to expedite these approvals and may combine
multiple applications/locations at one time in a single approval if the applications are
materially similar.
c.Application procedures.Applications for administrative permits shall be made on the
appropriate forms to the director and accompanied by a deposit of$500.00 or such other
deposit amounts as may be established by the board of aldermen.The deposit shall be used to
cover administrative cots and any telecommunications or other consulting fees or other actual,
direct, and reasonable costs that the city may incur in review of the application, but shall not
include such amounts as limited by applicable law.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.Applicant shall submit along with its
completed application form.
(1)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 a 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 facilities.
(2) Proof of owner consent;
(3)Certified structural analysis as required herein;and
(4)all other information necessary to show compliance with the applicable
requirements of this Article.
d. In reviewing an application,the Director of Planning and Economic Development may require
the applicant to provide additional information, including technical studies,and/or to the extent
Permitted by law, may require applicant to pay in addition to the cost of such studies if to be performed
by the city, if reasonably necessary to assess whether the standards for approval are satisfied.An
application shall not be deemed complete until satisfaction of all application requirements and
submission of all requested information as provided herein.
e.The Director of Planning and Economic Development shall issue a decision on the permit
within the time-frame permitted by applicable law.The Director of Planning and Economic Development
may deny the application or approve the application as submitted or with such modifications as are, in
th�udgement, reasonably necessary to protect the safety or general welfare of the citizens consistent
with and to affect the purposes of this Article.The Director of Planning and Economic Development may
consider the purposes of this section and factors established herein,for granting a special use permit as
well as any other considerations with the Article.A decision to deny an application shall be made in
writing and state the specific reasons for the denial.
4. Special use permits.
a. General.The following provisions shall govern the issuance of special use permits for
communication towers:
(1) If the tower or antenna is not permitted to be approved administratively
pursuant to Section 400.440(7)(c)Administrative Approvals,then a special use permit
shall be required for the construction of a tower or the placement of an antenna in all
zoning districts.
(2) In granting a special use permit,the Planning Commission shall hold a public
hearing as provided in of the Code and submit a recommendation to the
Board of Aldermen within thirty (30)days following said hearing.-tThe governing
authority may impose conditions allowed by law[Pcsito the extent the governing
authority concludes such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(3)Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical,shall be certified by a licensed professional
engineer.
Ib. Decision and Findings Required.A decision by the governing authority shall be
contemporaneously accompanied by substantial evidence support the decision,which shall be
made a part of the written record of the meeting at which the final decisions 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. [Pc61
cb. Information required. Each applicant requesting a special use permit shall submit a
scaled site plan and a scaled elevation view and other supporting drawings,calculations and
other documentation,signed and sealed by appropriate licensed professionals,showing the
location and dimensions of all improvements, including information concerning topography,
radio frequency coverage,tower height requirements, setbacks,drives, parking,fencing,
landscaping,adjacent uses and other information deemed by the City to be necessary to assess
compliance with this Article.
&. Factors considered in granting special use permits.The Board of Aldermen shall
consider the following factors in determining whether to issue a special use permit, although the
Board of Aldermen may waive or reduce the burden on the applicant of one(1)or more of these
criteria if the Board of Aldermen concludes that the goals of this Section are better served
thereby.
(1) Height of the proposed tower.�Pl
(2) Proximity of the tower to residential structures and residential district
boundaries.
(3) Nature of uses on adjacent and nearby properties.
(4) Surrounding topography.
(5) Surrounding tree coverage and foliage.
(6) Design of the tower,with particular reference to design characteristics that
have the effect of reducing or eliminating visual obtrusiveness.
(7) Proposed ingress and egress.
101 Ava:lability of su table e.,isting te.w,ers ansl ether stFu UuFes I[Pc81
a Aw,ailah'I'ty of suitable o 'st'eg te.w.ers nF AthAr car nt fan n shall 6e
m'tte.J un less the anal sant demen.trater to the mases a hie rat igfaGt'en of the nearsl of
Aldermen that no existing tower or structure can accommodate the appliCaRt'S PFE)PE)Sed
aeeemm...late thea nPeant's n ed antenna may eans'st of the[elle..
(t) fie n ng e Ineated within then phis aFea
Asl an meet anl'cant's engjneeFiRg gas
(2) Existing .+s stWe5 aFe RatAf. ff'g nt height to m Ata nl's nt'c
eF ng etc
(3) Existing tn.. a OF str Ct . .JA t h, q ff's nt st. cA al streegth to
(A)Theapplicant's n ed antenna would cause eleetremagno+'s n+e rfe se n�A
lab the antAeea An then sting te.w,er. a .tr .gti.res Ar the antenna en then sting
towers OF sts CtLiFes vinuld. nterferenge with then pk nt's pFalposed antenna
ICI The fees gsts A narast al n Si9RSed by the a suis.to
shaFe an exlStiRg tAww.er A st. et OF to adapt a exist ng tourer n str a ie
sharing are un nahie
ICI Thea nli6ant dernnnstratec that the ether significant 1'm'f'ng factors
that FendeF ex sting tRvOpm and 4Fu't-F"
[Pc9]
5. Notice of abandoned antennas and towers. Any antenna or tower that is not operated for a
continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna
or tower shall remove same within ninety(90) days of receipt of notice from the City notifying the
owner of such abandonment. If such antenna or tower is not removed within said ninety(90) days, the
City may remove such antenna or tower at the owner's expense. If there are two(2) or more users of a
single tower,then this provision shall not become effective until all users cease using the tower.
CITY OF City of Riverside
RIVERSI Staff Analysis Report
MISSOURI
Upstream from ordinary. Case Number PC 17-08, Chapter 400: Unified
Development Ordinance regarding outdoor sales &
displays
General Information
Applicant: City of Riverside
Requested Action: Amend Riverside Municipal Code Section 400:440&400.1080 relating to
outdoor communication structures.
Action: Recommendation by the Planning Commission to the Board of Aldermen.
Application Overview: The city is requesting the following amendment to the Unified
Development Ordinance:
Language to be added is underlined; language to be deleted contains a-in the attached
document Exhibit A.
Recommendation: Staff recommends approval of the proposed adoption of the Amendment to
Chapter 400 of the Unified Development Ordinance.
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