[Ord. No. 406.010-406.120, 7-13-2015]
The regulations set forth in this Chapter or set forth elsewhere
in this title and referred to in this Chapter are the regulations
of communications towers. The purpose of this Chapter is to provide
an orderly system for the regulation of communications towers and
related appurtenances and facilities.
[Ord. No. 406.010-406.120, 7-13-2015]
A. For the purposes of this Chapter, certain terms and words are defined
as follows:
ALTERNATIVE STRUCTURE
A structure that is not primarily constructed for the purpose
of holding antennas, but on which one (1) or more antennas may be
mounted. Alternative structures include, but are not limited to, buildings,
water tanks, pole signs, billboards, church steeples and electric
power transmission towers.
AMATEUR RADIO TOWER
Any tower used for amateur radio transmissions consistent
with the complete FCC United States amateur Part 97 rules and regulations
for amateur radio towers.
ANTENNA
Any exterior transmitting or receiving device which radiates
or captures electromagnetic waves.
COMMUNICATIONS TOWER (TOWER)
Any structure that is designed and built for the purpose
of supporting one (1) or more antennas, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, personal communications
service towers (PCS), microwave towers, common-carrier towers and
cellular telephone towers.
REPLACEMENT TOWER
A new communications tower or part of a communications tower
intended to replace an existing tower meeting the requirements of
this Chapter.
STRUCTURE
Anything constructed or erected, the use of which required
permanent location on the ground, or attachment to something having
a permanent location on the ground, including advertising signs.
TOWER BASE
The foundation, usually concrete, on which the tower and
other support equipment are situated. For measurement calculations,
the tower base is that point on the foundation reached by dropping
a perpendicular from the geometric center of the tower.
TOWER HEIGHT
The vertical distance measured from the tower base to the
highest point of the tower, including any antenna, lighting, or other
equipment affixed thereto, unless the tower is freestanding, and in
that event the tower height shall be measured from the ground.
TOWER SITE
The land area that contains, or will contain, a proposed
tower, support structures, and other related buildings and improvements.
B. Words used in the present tense shall include the future tense, the
singular number shall include the plural and the plural the singular,
and the word "shall" is mandatory and not directory.
[Ord. No. 406.010-406.120, 7-13-2015]
A. Communications towers shall be allowed in all industrial districts
("I-1" Restricted Light Industrial District and "I-2" Heavy Industrial
District), and a building permit shall be issued therefor, provided
the following special conditions are met:
1.
If the proposed tower is located within one-half (1/2) mile
of an existing tower(s), evidence must be submitted demonstrating
conclusively that the existing tower(s) is not suitable or available
for co-use.
2.
The tower shall be designed to accommodate the co-use of at
least two (2) other providers and made available to other providers
for co-use for reasonable terms. A notarized statement shall be provided
as to the ability of the tower for co-use.
3.
The design of the tower and tower site shall maximize the use
of building materials, colors, textures, screening and landscaping
that effectively blend the facilities within the surrounding natural
setting and environment, and an adequate easement for ingress and
egress from the tower site to a public street shall be provided.
4.
Any exterior tower shall be set back from the right-of-way line
of any public street at least a distance equal to the height of the
tower.
5.
The tower shall be set back from the nearest zoning district
boundary of any district not zoned industrial ("I-1" Restricted Light
Industrial District and "I-2" Heavy Industrial District) at least
a distance equal to the height of the tower, unless all property owners
within an area with a radius equal to the height of the tower consent
to the location.
6.
The tower and antennas shall meet all Federal regulations, including,
but not limited to, Federal Communications Commission (FCC) emission
standards and Federal Aviation Administration (FAA) lighting requirements.
7.
Any tower that is no longer in use for a telecommunications
purpose shall be removed at the owner's expense. The owner of
the tower shall provide the City with a copy of the notice to the
FCC of intent to cease operations. All obsolete and abandoned towers
and accessory facilities shall be removed within six (6) months of
cessation of use. In the case of multiple operators sharing use of
a single tower, this provision shall not become effective until all
users cease operations. The applicant shall submit an executed agreement
to ensure compliance with this requirement. If the owner fails to
remove an obsolete tower, the City may cause the tower to be removed
and issue a special assessment tax bill for the cost of such removal,
which shall be a lien against the real property affected.
8.
All tower designs shall be certified under seal of an engineer
licensed in the State of Missouri, and all towers will be designed
and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
A. Communications towers shall be allowed in a "C-2" General Commercial
District on or in an alternative structure, and a building permit
shall be issued therefor, provided that the following special conditions
are met:
1.
If the proposed tower is located within one (1) mile of an existing
tower(s), evidence must be submitted demonstrating conclusively that
the existing tower(s) is not suitable or available for co-use.
2.
The tower shall be designed to accommodate the co-use of at
least two (2) other providers and made available to other providers
for co-use for reasonable terms. A notarized statement shall be provided
as to the ability of the tower for co-use.
3.
All antennas shall be constructed in or upon an existing alternative
structure. Any towers or antennas located on structures shall not
extend more than thirty (30) feet above the highest point of the structure.
4.
Any exterior tower shall be set back from the right-of-way line
of any public street at least a distance equal to the height of the
tower.
5.
Any exterior tower shall be set back from the property boundary
of all adjacent property at least a distance equal to the height of
the tower, unless all property owners within an area with a radius
equal to the height of the tower consent to the location.
6.
The tower and antennas shall meet all Federal regulations, including,
but not limited to, Federal Communications Commission (FCC) emission
standards and Federal Aviation Administration (FAA) lighting requirements.
7.
Any tower that is no longer in use for a telecommunications
purpose shall be removed at the owner's expense. The owner of
the tower shall provide the City with a copy of the notice to the
FCC of intent to cease operations. All obsolete and abandoned towers
and accessory facilities shall be removed within six (6) months of
cessation of use. In the case of multiple operators sharing use of
a single tower, this provision shall not become effective until all
users cease operations. The applicant shall submit an executed agreement
to ensure compliance with this requirement. If the owner fails to
remove an obsolete tower, the City may cause the tower to be removed
and issue a special assessment tax bill for the cost of such removal,
which shall be a lien against the real property affected.
8.
All tower designs shall be certified under seal of an engineer
licensed in the State of Missouri, and all towers will be designed
and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
A. Communications towers may be allowed in a "C-2" General Commercial
District by special use permit issued under the procedures set forth
in the Code of Ordinances of the City, provided that:
1.
An engineering report is certified under seal of an engineer
licensed in the State of Missouri showing that a significant portion
of the City is not served by a telecommunications signal, and that
tower will provide such service.
2.
If the proposed tower is located within two (2) miles of an
existing tower(s), evidence must be submitted demonstrating conclusively
that the existing tower(s) is not suitable or available for co-use.
3.
The tower shall be designed to accommodate the co-use of at
least two (2) other providers and made available to other providers
for co-use for reasonable terms. A notarized statement shall be provided
as to the ability of the tower for co-use.
4.
The design of the tower and tower site shall maximize the use
of building materials, colors, textures, screening and landscaping
that effectively blend the facilities within the surrounding natural
setting and environment, and an adequate easement for ingress and
egress from the tower site to a public street shall be provided.
5.
The tower shall be set back from the right-of-way line of any
public street at least a distance equal to the height of the tower.
6.
The tower shall be set back from the property boundary of all
adjacent property at least a distance equal to the height of the tower
unless all property owners within an area with a radius equal to the
height of the tower consent to the location.
7.
The tower and antennas shall meet all Federal regulations, including,
but not limited to, Federal Communications Commission (FCC) emission
standards and Federal Aviation Administration (FAA) lighting requirements.
8.
Any tower that is no longer in use for a telecommunications
purpose shall be removed at the owner's expense. The owner of
the tower shall provide the City with a copy of the notice to the
FCC of intent to cease operations. All obsolete and abandoned towers
and accessory facilities shall be removed within six (6) months of
cessation of use. In the case of multiple operators sharing use of
a single tower, this provision shall not become effective until all
users cease operations. The applicant shall submit an executed agreement
to ensure compliance with this requirement. If the owner fails to
remove an obsolete tower, the City may cause the tower to be removed
and issue a special assessment tax bill for the cost of such removal,
which shall be a lieu against the real property affected.
9.
All tower designs shall be certified under seal of an engineer
licensed in the State of Missouri, and all towers will be designed
and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
A. Communications towers may be allowed in any commercial district ("C-1"
Neighborhood Commercial District and "C-3" Planned Shopping Center)
on or in an alternative structure by special use permit issued under
the procedures set forth in the Code of Ordinances of the City, provided
that:
1.
An engineering report is certified under seal of an engineer
licensed in the State of Missouri showing that a significant portion
of the City is not served by a telecommunications signal, and that
tower will provide such service.
2.
If the proposed tower is located within two (2) miles of an
existing tower(s), evidence must be submitted demonstrating conclusively
that the existing tower(s) is not suitable or available for co-use.
3.
The tower shall be designed to accommodate the co-use of at
least two (2) other providers and made available to other providers
for co-use for reasonable terms. A notarized statement shall be provided
as to the ability of the tower for co-use.
4.
All antennas shall be constructed in or upon an existing alternative
structure. Any towers or antennas located on structures shall not
extend more than thirty (30) feet above the highest point of the structure.
5.
Any exterior tower shall be set back from the right-of-way line
of any public street at least a distance equal to the height of the
tower.
6.
Any exterior tower shall be set back from the property boundary
of all adjacent property at least a distance equal to the height of
the tower, unless all property owners within an area with a radius
equal to the height of the tower consent to the location.
7.
The tower and antennas shall meet all Federal regulations, including,
but not limited to, Federal Communications Commission (FCC) emission
standards and Federal Aviation Administration (FAA) lighting requirements.
8.
Any tower that is no longer in use for a telecommunications
purpose shall be removed at the owner's expense. The owner of
the tower shall provide the City with a copy of the notice to the
FCC of intent to cease operations. All obsolete and abandoned towers
and accessory facilities shall be removed within six (6) months of
cessation of use. In the case of multiple operators sharing use of
a single tower, this provision shall not become effective until all
users cease operations. The applicant shall submit an executed agreement
to ensure compliance with this requirement. If the owner fails to
remove an obsolete tower, the City may cause the tower to be removed
and issue a special assessment tax bill for the cost of such removal,
which shall be a lien against the real property affected.
9.
All tower designs shall be certified under seal of an engineer
licensed in the State of Missouri, and all towers will be designed
and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
No communications towers shall be allowed in residential districts
or any other district not specifically mentioned in this Chapter within
the City.
[Ord. No. 406.010-406.120, 7-13-2015]
All communications towers not attached to an alternative structure
or with the tower base on the ground shall be enclosed by security
fencing at least eight (8) feet in height, and such enclosed area
shall be locked against entry by unauthorized personnel.
[Ord. No. 406.010-406.120, 7-13-2015]
The owner of any communications tower shall submit to the City,
prior to December 31 of each year, proof that the tower is still in
use and still licensed by the Federal Communications Commission (FCC).
[Ord. No. 406.010-406.120, 7-13-2015]
This Chapter shall not govern any amateur radio tower used by
one (1) individual, not for commercial purposes.
[Ord. No. 406.010-406.120, 7-13-2015]
This Chapter shall not govern towers existing prior to January
1, 2015. Any replacement tower erected after January 1, 2015, shall
be governed by this Chapter.
[Ord. No. 406.010-406.120, 7-13-2015]
All construction, modification, or repair of communications
towers and tower sites shall comply with all City codes in effect
at the time of construction, modification, or repair.