Florida Rsa # 8, LLC v. City of Chesterfield, Mo.

Decision Date15 February 2006
Docket NumberNo. 4:05CV1964MLM.,4:05CV1964MLM.
PartiesFLORIDA RSA # 8, LLC d/b/a U.S. Cellular, a Delaware limited liability company, Plaintiff, v. CITY OF CHESTERFIELD, MISSOURI, a Missouri political subdivision, Defendant.
CourtU.S. District Court — Eastern District of Missouri

Michael C. Seamands, Lashly and Baer, P.C., St. Louis, MO, for Plaintiff.

Robert M. Heggie, Beach and Stewart, St. Louis, MO, for Defendant.

MEMORANDUM OPINION

MEDLER, United States Magistrate Judge.

This matter is before the court pursuant to the Motion for Partial Summary Judgment filed by Plaintiff Florida RSA # 8, LLC, d/b/a U.S. Cellular, a Delaware limited liability company ("U.S. Cellular" or "Plaintiff"). Doc. 6. Defendant City of Chesterfield, Missouri, ("the City" or "Defendant") has filed a Response. Doc. 15. Plaintiff has filed a Reply. Doc. 20. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). Doc. 13.

UNDISPUTED FACTS1

U.S. Cellular is a wireless telecommunications services provider which holds a Federal Communications Commission ("FCC") license to provide wireless telecommunications services within certain market areas. U.S. Cellular locates potential telecommunications facility sites based on the service coverage plans prepared by its radio frequency engineers, in accordance with overall network plans designed to meet the service provision needs of particular markets. A site is suitable only if it is high enough and close enough to the adjacent sites required for the system so that antenna signals are transmitted with strength and clarity over varying terrain, but spaced far enough away from adjacent sites to minimize interference between the sites. In addition to the technical factors for site selection, suitable site location depends on finding a landowner willing to sell his property or give a long-term lease for placement of the telecommunications facility.

Section 1003.050 of the City's Appendix of Zoning Ordinances (the "Zoning Code") provides that, "[t]he use and development of land and structures within any zoning district are limited to those uses and developments set forth in those sections of this Appendix applicable to such district." Doc. 15, Ex. A, Ex. 6. The Zoning Code, § 1003.140.2, states that a "`PC' Planned Commercial District encompasses areas where a variety of commercial developments and uses may be permitted. It is the purpose of these regulations to facilitate the establishment of commercial developments and uses in locations appropriate under approved site development plans and conditions." Section 1003.140.4(2) further states that "[p]ermitted land uses and developments shall be established in the conditions of the ordinance governing the particular Planned Commercial District."2 This section then proceeds to specify uses which are representative of permitted uses in Planned Commercial Districts; representative examples include amusement parks, animal hospitals, apartment dwellings, arenas, storage areas, auditoriums, barber shops, bookstores, broadcasting studios, "transmitting, or relay towers and associated facilities for radio, television, and other communications," and hotels and motels. In regard to local public utility facilities, this provision states that "[a]ll plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning." 1003.140.4(2)(a)-(eee).

The City's Ordinance 1214, passed December 2, 1996, is a zoning ordinance which states that its purpose is to regulate the placement of communications antennae and support structures within the City's limits and to establish procedures and criteria for obtaining a permit for antennae and support structures. Doc. 6, Ex. 5. Ordinance 1214 further states as the Ordinance's Policy Statement that:

City of Chesterfield recognizes that the legal implications of the Federal Telecommunications Act of 1996 and the power that has been retained by said Act for municipalities relating to land use issues and the telecommunications industry.

Accordingly, the City has taken into consideration the unique and diverse landscape found within this community and states that the landscape within the community is one of its most valuable assets. Protecting these valuable assets will require that the location and design of low power mobile radio service telecommunications facilities be sensitive to the setting in which they are placed.

Community and neighborhood visual concerns should be considered paramount in the consideration of and selection of sites. Visual concerns should include both those found on and off site and these concerns should be evaluated by a consideration of all the policies as set forth in this Ordinance. These policies, therefore, are incorporated into the Ordinance relating to the visual impact and screening criteria applicable to low power mobile radio service telecommunications facilities.

Doc. 6, Ex. 5.

Section 1003.167.19 of the City's Zoning Code, which Code provision Ordinance 1214 amended, addresses communication facilities and systems and sets forth the purposes of Ordinance 1214 as follows in § 1003.167.19(1)(a)-(e):3

(a) Provide for the appropriate location and development of communications facilities and systems to serve the citizens and businesses of the City of Chesterfield;

(b) To encourage the location of antenna atop existing structures or buildings;

(c) Minimize adverse visual impacts of communications antennae and support structures through careful design siting, landscape screening and innovative camouflaging techniques;

(d) Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;

(e) Maximize and encourage the use of disguised antenna support structures as to ensure the architectural integrity of designated areas within the City and the scenic quality of protected natural habitats.

Section 1003.167.19(2)(a) of the City's Zoning Code defines antenna, in relevant part, as follows: "Any device that transmits and/or receives electromagnetic signals for voice, data or video communications purposes including, but not limited to, . . . cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennae less than two (2) meters in diameter used only for home television reception." Section 1003.167.19(2)(b) defines antenna support structure, in relevant part, as follows: "Any structure designed and constructed for the support of antennas, including any tower or disguised support structure . . . . The term antenna support structure shall also include any related and necessary cabinet or shelter."

Section 1003.167.19(3) states that the requirements set forth in this section are applicable to all antennae support structures "built or modified after the effective date of this Ordinance and owned by a private entity or agency of local government." Section 1003.167.19(3)(a) states that "[a]ntenna shall be permitted use in all zoning districts" and further states that: "In a `C-8' Planned Commercial District, `M-3' Planned Industrial District, or `MXD' Mixed Use Development District any antennae support structure may be included as a permitted use in the conditions of the governing ordinance. Such governing ordinance must, at a minimum, comply with all of the conditions of this Ordinance." The districts specified in § 1003.167.19(3)(a) do not include a "PC" Planned Commercial District.4

Section 1003.167.19(4)(a)-(h) provides, in relevant part, as follows:

(4) Permitted Use. After any Administrative/Zoning Approval required by Section (5) herein, and upon receipt of the appropriate building permit, the following are allowed:

(a) The attachment of additional or replacement antennae . .

(b) Antennae which are in accordance with an approved design contained on schedule prepared and maintained by the Director of Planning or of such other design as is otherwise maximally disguised .

(c) If the permit is to modify an existing permitted use antenna support structure, .. . .

(d) The mounting of antennae in or on any existing building or structure ... provided that the presence of the antennae are concealed by architectural elements or camouflaged by painting.

(e) The installation of antennae on buildings or the construction of an antenna support structure on land owned by the City .. .

(f) The installation of antennae on buildings or the construction of an antenna support structure of less than one hundred and twenty (120) feet in height on land owned by the State of Missouri or any agency of the federal government or any local government entity.

. . . . .

Section 1003.167.19(5) states that prior to the issuance of a Building Permit for a communications facility, an Administrative Zoning Approval shall be obtained from the Director. Section 1003.167.19(5)(a)(1)(6)5 sets forth the designated antennae and support structures with § 1003.167.19(5)(a)(3) specifically granting the City's Director of Planning authority to issue an Administrative Zoning Approval for a "disguised antenna support structure" in certain zoning districts; the districts specified in the ordinance do not include a "PC" Planned Commercial District. Section 1003.167.19(5)(a)(4) grants the City's Director of Planning authority to issue an Administrative Zoning Approval for the installation of antennae on buildings and disguised support structures on land owned by the State or a political subdivision.

Section 1003.167.19(6) states that, "[a]ll proposals to install, build, or modify an antenna or support structure not covered under Section (4) or (5) above shall require the applicant to affirmatively show the reasons why the antenna support structure cannot be located in an area covered in ...

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  • Eco-Site, LLC v. City of Univ. City
    • United States
    • U.S. District Court — Eastern District of Missouri
    • November 2, 2018
    ...L.P. v. Platte County, Mo., 578 F.3d 727, 729 (8th Cir. 2009) (property owned by a church); Florida RSA #8, LLC v. City of Chesterfield, Mo., 416 F. Supp. 2d 725, 730 (E.D. Mo. 2006) (property owned by hotel and leased to telecommunications company); USCOC of Greater Missouri, LLC v. City o......
  • ECO-Site, LLC v. City of Univ. City
    • United States
    • U.S. District Court — Eastern District of Missouri
    • December 16, 2019
    ...L.P. v. Platte County, Mo. , 578 F.3d 727, 729 (8th Cir. 2009) (property owned by a church); Florida RSA #8, LLC v. City of Chesterfield, Mo. , 416 F. Supp. 2d 725, 730 (E.D. Mo. 2006) (property owned by hotel and leased to telecommunications company); USCOC of Greater Missouri, LLC v. City......

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