[Ord. No. 985 §1(1005), 11-8-2001]
A.
The
purposes of this Article are to:
1.
Provide for the appropriate location and development of wireless
communication facilities and systems to serve the citizens and businesses
of the City of Mound City.
2.
Minimize adverse visual impacts of wireless communication facilities
and their support structures through careful design, siting, landscape
screening and innovative camouflaging techniques.
3.
Maximize the use of existing and new support structures for wireless
communication facilities so as to minimize the need to construct new
or additional facilities.
4.
Maximize and encourage the use of disguised antenna support structures
so as to ensure the architectural integrity of designated areas within
the City and the scenic quality of protected natural habitats.
[Ord. No. 985 §1(1005), 11-8-2001]
As used in this Article, the following terms shall have the
meanings and usages indicated:
A structure for the protection and security of communications
equipment associated with one (1) or more WCF where direct access
to equipment is provided from the exterior and the horizontal dimensions
of which do not exceed four (4) feet by six (6) feet.
Any freestanding, manmade structure designed for the support
of communications antennas or other forms of wireless communication
facilities, the presence of which is camouflaged or concealed as an
architectural or natural feature. Such structures may include, but
are not limited to, clocks, towers, observation towers, pylon signs,
water towers, light standards, light poles, flagpoles and artificial
trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of the structure
at ground level to its highest point and including the main structure
and all attachments thereto.
The National Environmental Policy Act.
A building for protection and security of communications
equipment associated with one (1) or more WCFs and where access to
equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected WCFs is prohibited.
Any freestanding, manmade structure designed for the support
of communications antennas or other forms of wireless communication
facilities. Said structures shall include, but not be limited to,
guyed towers, self-supporting (lattice) towers, monopoles or buildings.
The term shall not include any support structure which is:
An unstaffed facility for the transmission and/or reception
of voice, data or video communications including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications usually consisting of an equipment shelter
or cabinet and the transmission and reception devices or antenna.
The terms shall exclude satellite earth station antennae less than
six (6) feet in diameter and any receive only home television antennae.
[Ord. No. 985 §1(1005), 11-8-2001]
A.
The
requirements set forth in this Section shall be applicable to all
WCFs and their support structures installed, built or modified after
the effective date of this Article (November 8, 2001), and to the
full extent permitted by law.
1.
Administrative and building permits. An administrative
and building permit shall be required.
2.
Building Code and safety standards. To ensure the
structural integrity of antenna support structures, the owner shall
see that it is constructed and maintained in compliance with all standards
contained in applicable State and local building codes and the applicable
standards published by the Electronics Industries Association, as
amended from time to time. In addition to any other approvals required
hereunder, no WCF or its support structures shall be erected or installed
prior to approval by the Board of Aldermen and the issuance of a building
permit.
3.
Regulatory compliance. All antennae and support
structures shall meet or exceed current standards and regulations
of the FAA, FCC and the requirements of the regulations implemented
by NEPA affecting wilderness areas, wildlife preserves, endangered
species, historical sites, Indian religious sites, flood plains, wetlands,
high intensity white lights in residential neighborhoods and radio
frequency emissions in excess of FCC guidelines and any other State
or Federal agency and legislation with the authority to regulate communications
antennae and support structures. Should such standards or regulations
be amended, then the owners shall bring such devices and structures
into compliance with the revised standards or regulations within the
time period mandated by the controlling agency or legislation.
4.
Security. All antennae and support structures shall
be protected from unauthorized access by appropriate security devices.
A description of proposed security measures shall be provided as part
of any application to install, build or modify antennae or support
structures. Additional measures may be required as condition of the
issuance of a building permit or administrative permit as deemed necessary
by the Board of Aldermen or by the Board of Adjustment.
5.
Lighting. Antennae and support structures shall
not be lighted unless required by the FAA or other State or Federal
agency with authority to regulate, in which case a description of
the required lighting scheme will be made a part of the application
to install, build or modify the antennae or support structure.
6.
Advertising. Unless a disguised antennae support
structure is disguised in the form of a lawfully permitted advertising
device such as a pylon sign or similar support structure, the placement
of advertising on support structures, cabinets or shelters regulated
by this Article is prohibited.
7.
Design.
a.
Support structures shall maintain a galvanized steel finish or, subject
to the requirements of the FAA or any applicable State or Federal
agency, be painted a neutral color consistent with the natural or
built environment of the site.
b.
Equipment shelters or cabinets shall have an exterior finish compatible
with the natural or built environment of the site and also shall comply
with any design guidelines as may be applicable to the particular
zoning district in which the facility is located.
c.
Support structures shall not exceed two hundred fifty (250) feet
in height and shall not exceed the height limitation of any airport
overlay zone as may be adopted by the City.
d.
Antennae attached to a building or disguised support structure shall
be a color identical to or closely compatible with the surface to
which they are mounted.
e.
All support structures shall be surrounded by an eight (8) foot security
fence with a locking portal to prevent potential climbing hazards.
Such security fences shall be surrounded by a landscape strip of not
less than ten (10) feet in width within that ten (10) feet there may
be planted with materials that will provide a visual barrier to a
minimum height of eight (8) feet.
In lieu of the required eight (8) feet visual barrier, a minimum
eight (8) foot-high decorative fence or wall may be approved by the
Board of Aldermen or the Board of Zoning and Adjustment in the case
of a conditional use permit upon demonstration by the applicant that
an equivalent degree of visual screening is achieved.
f.
The radius of the site of the support structure shall be equal to
the height of the tower with the radius being measured from the outermost
part of the base of the support structure so that if the support structure
would fall, it would fall totally on site.
g.
Ground anchors of all guyed towers shall be located on the same parcel as the tower and meet the requirements outlined in Subsection (f) above of this Section.
h.
Vehicle or outdoor storage on any tower site is prohibited.
i.
On-site parking for periodic maintenance and service shall be provided
at all antenna or tower locations.
8.
Shared use.
a.
Prior to the issuance of any permit to alter or modify any support
structure existing on the effective date of this Article (November
8, 2001), the owner shall provide to the City an affidavit agreeing
to make said support structure available for use by others subject
to reasonable technical limitations and reasonable financial terms.
The willful and knowing failure of a support structure owner to agree
to share use or to negotiate in good faith with potential users shall
be cause for the withholding of future permits to the same owner to
install, build or modify antennae or support structures within the
City.
b.
Prior to the issuance of any permit to install, build or modify any
support structure, the owner of the support structure shall furnish
the Board of Aldermen with an inventory of all that owner's support
structure in or within one-half (½) mile of the City limits
of the City of Mound City, Missouri. The inventory shall include the
support structure's reference name or number, the street location,
latitude and longitude, structure type, height, type and mounting
height of existing antennas and an assessment of available ground
space for the placement of additional equipment shelters.
c.
Any new support structure approved at a height of one hundred (100)
feet AGL or higher shall be designed and constructed to accommodate
at least one (1) additional user. The willful and knowing failure
of the owner of a support structure built for shared use to negotiate
in good faith with potential users shall be cause for withholding
of further permits to the same owner to install, build or modify antennae
or support structures within the City.
d.
Any new tower approved shall be designed and constructed to accommodate
additional users. The willful and knowing failure of the owner of
a support structure built for shared use to negotiate in good faith
with potential users shall be cause for withholding of future permits
to the same owner to install, build or modify antennae or towers within
the City.
e.
All applicants for new WCFs shall seek first to use unused space
on existing support structures, including space on those owners of
support structures that are providing similar, competing services.
The owner of the existing support structure may on a legitimate and
reasonable business basis choose between multiple requests for shared
use on the same tower or structure and may reject any request where
legitimate technical obstacles cannot be reasonably overcome such
that it would impair existing service, cause the host to go offline
for a significant period of time or where the party requesting shared
use will not agree to reasonable financial terms. Any party believing
that the other party has breached its duty to negotiate in good faith
for shared use shall immediately notify the alleged breaching party
and the Board of Aldermen in writing. A notice of breach of duty shall
explain the precise basis for the claim and shall be accompanied by
payment of an administrative review fee of five hundred dollars ($500.00)
to the City to offset the cost of review. After the alleged breaching
party's receipt of the notice, that party shall have ten (10) calendar
days to provide a written submission to the Board of Aldermen responding
to the alleged violation of the shared use requirement. If deemed
necessary by the Board of Aldermen, they may engage, at the cost of
the party alleging the violation, a neutral, qualified technical consultant
to provide an opinion with regard to basis of the breach claim. If
the Board of Aldermen receives a notice alleging a violation of the
shared use requirement, the time for a decision on an administrative
permit is automatically extended for up to sixty (60) days until the
Board of Aldermen have determined that the applicant has complied.
If the Board of Aldermen find that there has been a breach, then it
may impose a fine of five hundred dollars ($500.00) upon the breaching
party. An application for conditional use permit shall not be deemed
complete for acceptance until a decision on compliance is reached.
[Ord. No. 985 §1(1005), 11-8-2001]
A.
Prior
to the issuance of a building permit, an administrative permit approved
by the Board of Aldermen shall be obtained. Upon receipt of the appropriate
administrative permit and building permit, the following are allowed:
1.
The attachment of additional or replacement WCFs or shelters to any
existing support structure on the effective date of this Article (November
8, 2001), or subsequently approved in accordance with these regulations,
so long as the additional equipment shelters or cabinets are located
within the existing support structure compound area and any enlargement
of the existing support structure compound area meets all other requirements
of this Article and the underlying zoning district.
2.
The mounting of a WCF on an existing building or structure such as
water tower, provided that the presence of the WCF is concealed by
architectural elements or camouflaged by painting a color identical
to the surface to which they are attached.
3.
The mounting of a WCF on or within ten (10) feet above any existing
high-voltage electric transmission tower.
4.
The installation of a WCF or the construction of a support structure
on buildings or land owned by the City following the approval of a
lease agreement by the Board of Aldermen.
5.
The one-time replacement of any support structure existing on the
effective date of this Article (November 8, 2001), or subsequently
approved in accordance with these regulations so long as the purpose
of the replacement is to accommodate shared use of the site or to
eliminate a safety hazard. The new support structure shall be of the
same type as the original except that a guyed or self-supporting (lattice)
tower may be replaced by a monopoly. If the guyed or lattice tower
to be replaced is one hundred eighty (180) feet or less in height,
it shall only be replaced with a monopoly. The height of the new tower
may exceed that of the original by not more than twenty (20) feet,
but under no circumstances shall the height exceed two hundred fifty
(250) feet. Subsequent replacements shall require the obtaining of
a conditional use permit from the Board of Adjustment.
6.
The construction of a disguised support structure provided that all
related equipment shall be placed underground or concealed within
the structure when the structure is located in any district other
than a district authorizing industrial uses. Equipment may be placed
in a cabinet if the disguised support structure is incidental to an
industrial, commercial, institutional or other non-residential use.
7.
The placement of dual polar panel antennas on wooden or steel utility
poles not to exceed forty (40) feet in height, provided that all related
equipment is contained in a cabinet.
[Ord. No. 985 §1(1005), 11-8-2001]
A.
Applications
for administrative permits shall be made on the appropriate forms
to the Board of Aldermen and accompanied by payment of the established
fee and:
1.
The appropriate forms shall be accompanied by:
a.
The established fee;
b.
A detailed site plan which shall:
(1)
Be based on a closed boundary survey of the host parcel;
(2)
Indicate all existing and proposed improvements including, but
not limited to, buildings, drives, walkways, parking areas and other
structures, public right-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 drawn to scale, hydrologic features and the coordinates and
height AGL of the existing or proposed tower.
c.
A detailed description of the security devices to be installed to
protect the antennae and support structure from unauthorized access;
d.
Documentation establishing the structural integrity of the tower's
proposed uses;
e.
A signed affidavit on whether excess space will be leased;
f.
Proof of ownership of the proposed site or authorization to utilize
it;
g.
Copies of any easements necessary.
2.
The Board of Aldermen shall issue a decision on the permit within
sixty (60) days of the date of application unless the time period
for review and action was extended by the Board of Aldermen for goad
cause which shall be set forth in a letter to the applicant. The Board
of Aldermen may deny the application or approve the application as
submitted or with such modifications as are, in their judgment, reasonably
necessary to protect the safety or general welfare of the citizens
consistent with the purposes of this Article. The Board of Aldermen
may consider the factors established herein for granting a conditional
use permit as well as any other considerations consistent with this
Article. A decision to deny an application shall be made in writing
and state the specific reasons far the denial.
3.
Appeals from the decision of the Board of Aldermen shall be made in the same manner as provided by Article XII "Board of Adjustment" Section 405.600 of this Chapter for the appeal of administrative decisions unless the application for the administrative permit follows the receipt of a conditional use permit from the Board of Adjustment, in which case the appeal from the decision of the Board of Aldermen shall be made in the same manner as provided by Article XII "Board of Adjustment" Section 405.630 of this Chapter for the appeal of administrative decisions.
[Ord. No. 985 §1(1005), 11-8-2001]
A.
All proposals to install, build or modify a WCF or its support structure not covered under Sections 405.285 above shall require the approval of a conditional use permit following a duly advertised public hearing by the Board of Adjustment prior to the applicant's obtaining an administrative permit and building permit. Notice of said public hearing shall be given in a newspaper of general circulation in the City of Mound City with the first (1st) notice to be published not less than fifteen (15) days prior to the date established for such public hearing.
1.
Application. Application for conditional use permits shall be filed and processed in the manner and time frame as established for administrative permits in Section 405.290 of this Article.
2.
Time. The Board of Adjustment shall issue a decision
on the conditional use permit within sixty (60) days of the date of
application unless the time period for review and action was extended
by the Board of Adjustment for good cause which shall be set forth
in a letter to the applicant. The Board of Adjustment may deny the
application or approve the application as submitted or with such modifications
as are, in their judgment, reasonably necessary to protect the safety
or general welfare of the citizens consistent with the purposes of
this Article. The Board of Adjustment may consider the factors established
herein for granting a conditional use permit as well as any other
considerations consistent with this Article. A decision to deny an
application shall be made in writing and state the specific reasons
for the denial.
4.
Findings required. In addition to any other determinations
specified by 405.295 for the consideration of conditional use permits,
the Board of Adjustment shall make findings as to the following based
upon evidence submitted with the application or presented during the
public hearing by the applicant or others. A decision by the Board
of Adjustment to deny an application shall be made in writing and
accompanied by substantial evidence that shall be made part of the
written record of the meeting at which a final decision on the application
is rendered.
a.
Whether or not the proposed support structure is located on City-owned
property.
b.
Whether or not existing support structures are located within the
geographic area necessary to meet the applicant's engineering requirements.
c.
Whether or not existing support structures or buildings within the
applicant's required geographic area are of sufficient height to meet
system engineering requirements.
d.
Whether or not existing support structures have sufficient structural
strength to support the applicant's proposed WCF.
e.
Whether or not the proposed WCF would experience or cause signal
interference with the WCF located on existing support structures.
f.
Whether or not the fees, costs or other contractual terms required
by the owner(s) of existing support structure(s) or building(s) within
the required geographic area of the applicant are reasonable. Costs
exceeding that of a new tower are presumed to be unreasonable.
g.
Whether or not there are other limiting conditions that render existing
support structures or buildings within the applicant's geographic
area unsuitable.
h.
Whether or not the design of the tower or structure, including the
antennae, shelter and ground layout, maximally reduces visual degradation
and otherwise complies with provisions of this Article.
i.
Whether or not the proposal minimizes the number and size of towers
or structures that will be required in the area.
j.
Whether or not the applicant has previously failed to take advantage
of available shared use opportunities provided by this Article or
otherwise.
[Ord. No. 985 §1(1005), 11-8-2001]
A.
WCF
and their support structure shall only be permitted on property owned
by the City of Mound City.
B.
No
support structure shall be approved at a height exceeding two hundred
fifty (250) feet AGL 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 also must be supported
by the opinion of a telecommunications consultant hired by the City
at the expense of the applicant. The opinion of the consultant shall
include a statement that no available alternatives exist to exceeding
the height limit or the reason such alternative is not viable.
[Ord. No. 985 §1(1005), 11-8-2001]
Any tower or upper portion of a tower that is not occupied by
active antennae for a period of twelve (12) months shall be removed
at the owner's expense. Removal of upper portions of a tower manufactured
as a single object shall not be required.
[Ord. No. 985 §1(1005), 11-8-2001]
Notwithstanding any right that may exist for a governmental
entity to operate or construct a tower or structure, it shall be unlawful
for any person to erect or operate for any private commercial purpose
any new WCF or support structure in violation of any provision of
this Article, regardless of whether such WCF or support structure
is located on land belonging to a governmental entity.
