[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The
general purpose of this Article is to regulate the placement, construction
and modification of telecommunications towers, support structures
and antennas in order to protect the health, safety and welfare of
the public, while at the same time not unreasonably interfering with
the development of the competitive wireless telecommunications marketplace
in the City of St. Robert. Specifically, this Article is intended
to:
1.
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of St. Robert;
2.
Minimize adverse visual impacts of communications antennas and support
structure through the careful design, siting, landscape screening
and innovative camouflaging techniques;
3.
Maximize the use of existing and new support structures so as to
minimize the need to construct new or additional facilities;
4.
Maximize the collocation of facilities on any new support structures;
5.
Ensure that any new telecommunications tower or support structure
is located in an area compatible with the neighborhood or surrounding
community to the extent possible;
6.
Ensuring that regulation of telecommunications towers and structures
does not have the effect of prohibiting the provision of personal
wireless services and does not unreasonably discriminate among functionally
equivalent providers of such service.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
All
towers, antenna support structures and telecommunications facilities,
any portion of which are located within the City of St. Robert, are
subject to this regulation. All towers within the City of St. Robert,
Missouri, at the time of passage of this regulation shall be registered
with the City Land Use Administrator within sixty (60) days from the
effective date hereof, together with the height, width and location
thereof and a registration fee of fifty dollars ($50.00). Failure
to register an existing tower shall raise a presumption that said
tower was not a legal non-conforming use on the date of passage of
this regulation. However, this regulation shall not apply to tower
structures used or to be used solely for services provided pursuant
to a broadcast radio or television license issued by the Federal Communications
Commission or to towers and antennas used solely for private telecommunications
services when the equipment is located on the premises of the entity
using said private telecommunication service or the towers and antennas,
support structure or masts are located on the primary business premises
of a provider of communications services if used solely to monitor
the provider's services and the equipment used by the broadcaster,
private telecommunicator or provider is in compliance with any Federal,
State or local laws and does not encroach on the public rights-of-way.
B.
Notwithstanding
any provisions contained in this Section, any current legal use being
made of an existing tower or antenna support structure on the effective
date of this regulation shall be allowed to continue as a non-conforming
structure. Any tower site that has received City approval in the form
of either a conditional use permit or building permit but has not
yet been constructed or located within six (6) months of the date
of the permit shall be considered a non-permitted structure.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
On
February 8, 1996, Congress enacted the Federal Telecommunications
Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation
of the telecommunications industry and providing a more competitive
environment for wired and wireless telecommunication services in the
United States.
B.
The
Telecommunications Act of 1996 preserves the authority of the City
to regulate the placement, construction and modification of towers
and antenna support structures and to protect the health, safety and
welfare of the public.
C.
The
City has been granted the authority to enact legislation to regulate
the construction, placement and operation of telecommunications towers
and antennas pursuant to its zoning powers established in Chapter
89, RSMo., and additionally pursuant to its general and specific Police
powers established by Statute authorizing the regulations herein to
protect the public health, safety and welfare.
E.
Consistent
with the Telecommunications Act of 1996, the regulations of this Section
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
ensure opportunities for placement of antennas with prompt approval
by the City. This Article does not attempt to regulate in areas within
the exclusive jurisdiction of the FCC.
F.
The
uncontrolled proliferation of towers in the City of St. Robert is
threatened without adoption of new regulations and would diminish
property values, the aesthetic quality of the City and would otherwise
threaten the health, safety and welfare of the public.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
As used in this Section, the following terms shall have the
meanings and usages indicated:
The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 and as may, from time to time, be amended.
Ground level shall be determined by the average elevation
of the natural ground level within a radius of fifty (50) feet from
the center location of measurement.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennas less that two (2) meters in diameter (mounted within twelve
(12) feet of the ground or building-mounted) and any receive-only
home television antenna.
Any building or other structure other than a tower which
can be used for location of telecommunications facilities.
Any person that applies for a tower permit.
The process by which an applicant submits a request and indicates
a desire to be granted a permit to construct, own or operate a tower
within the City. An application includes all written documentation,
verbal statements and representations, in whatever form or forum,
made by an applicant to the City concerning such a request.
A structure for the protection and security of communications
equipment associated with one (1) or more antenna where direct access
to equipment is provided from the exterior and that has horizontal
dimensions that do not exceed four (4) feet by six (6) feet and vertical
height that does not exceed six (6) feet.
The City of St. Robert, a municipal corporation, in the State
of Missouri.
The Building Code of the City of St. Robert.
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change in
the form or content of the information as sent or received, by wire,
radio, optical cable, electronic impulses or other similar means.
As used in this definition, "information" means knowledge
or intelligence represented by any form of writing, signs, signals,
pictures, sounds or any other symbols.
The City of St. Robert, Missouri, Board of Aldermen.
Any engineer licensed by the State of Missouri.
The Federal Aviation Administration.
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
The vertical distance measured from the average grade of
the base of the structure at ground level to its highest point and
including the main structure and all attachments thereto.
Any change, including the addition or replacement of antennas,
to a structure requiring a building permit or other governmental approval;
except that the following shall not be deemed a modification requiring
a building permit provided the conditions of the original permit and
the requirements of this Section are not violated:
Any person who has lawfully obtained a tower permit.
A building for the protection and security of communications
equipment associated with one (1) or more antennas and where access
to equipment is gained from the interior of the building.
Includes any freestanding, manmade structure designed for
the support of antennas, the presence of which is camouflaged or concealed
as an appropriately placed architectural or natural feature which
is designed to blend into the surrounding environment. Such structures
may include, but are not limited to, clock towers, campaniles, observation
towers, water towers, light standards, flagpoles and artificial trees.
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change in
the form or content of the information as sent or received, by wire,
radio, optical cable, electronic impulses or other similar means.
As used in this definition, "information" means knowledge
or intelligence represented by any form of writing, signs, signals,
pictures, sounds or any other symbols.
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the transmission or reception
of telecommunications as authorized by the Federal Communications
Commission which a person seeks to locate or has installed upon a
tower or antenna. However, the term "telecommunications facilities" shall not include:
Any satellite earth station antenna two (2) meters in diameter
or less which is located in an area zoned and used for industrial
or commercial.
Any satellite earth station antenna one (1) meter or less in
diameter regardless of zoning category.
Any satellite earth station in excess of two (2) meters in diameter
which is utilized for the reception of broadcast television, video
or radio signals and which is an ancillary use to a structure on the
premises of the holder of the broadcast license.
A self-supporting lattice, guyed or monopole structure constructed
from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment
as licensed by the FCC. The term "tower" does not
include utility poles which are utilized for the support of electrical,
telephone, cable television or other similar cables and wires, are
located on public rights-of-ways or easements for that purpose and
are a part of a system of such poles throughout the City of St. Robert,
Missouri.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The
requirements set forth in this Section shall be applicable to all
telecommunication towers, antennas and other installed, built or modified
after the effective date of this regulation to the full extent permitted
by law.
1.
Accessory use. Antennas and towers may be either
a principal use or an incidental use to non-residential uses, subject
to any applicable zoning district use restriction or setback requirement.
2.
Building codes, safety standards and zoning compliance. To ensure the structural integrity of antenna towers, 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 by this Section, no antenna or tower shall be erected
prior to zoning authorization and the issuance of a building permit.
3.
Regulatory compliance. All antennas and towers
shall meet or exceed current standards and regulations of the FAA,
FCC and any other State or Federal agency with the authority to regulate
communications antennas and towers. Should such standards or regulations
be amended, then the owner shall bring such devices and structure
into compliance with the revised standards or regulations within the
time period mandated by the controlling agency. No approval for any
placement, construction or modification of any antenna or structure
permitted by this Section shall be granted for any applicant having
an uncured violation of this Section or any other governmental regulatory
requirement related to such antenna or structures within the City.
4.
Excess capacity and planned future use. Any applicant
for building permit to install, build or modify any tower shall furnish
the Land Use Administrator a statement of the excess capacity of the
tower and plans, if any, for anticipated growth. In addition, the
applicant must design the tower and indicate on the application that
the tower will accommodate one (1) additional antenna similar to the
principal antenna.
B.
Collocation Of Facilities. New towers constructed within
the City with height in excess of seventy (70) feet should be capable
of accommodating one (1) additional carrier or telecommunications
facility for one (1) other provider of communications services (hereinafter
referred to as "additional capacity"). Such additional capacity, if
any, shall be designated on the application and site plans presented
to the City prior to construction of the tower.
C.
Collocation Or Installation. Any permittee whose tower is in excess of seventy (70) feet, which is constructed after the effective date of this Section and which has been built in accordance with setbacks and special conditions granted to towers with collocation capabilities under this Section, and which contains additional capacity for installation or collocation of telecommunications facilities as demonstrated at the time the application for construction was granted, shall agree to allow other persons to install or collocate telecommunications facilities on such a tower subject to reasonable terms and conditions negotiated between the parties including the suitability of the proposed tenant, the credit record and technical abilities of the proposed tenant. For the purpose of collocation of antennas, a legal non-conforming tower may be used. However, in no event shall a permittee be required to allow collocation of facilities if to do so would result in technical interference with the delivery of permittee's service. Failure to permit collocation or joint use on a tower which has been built in accordance with setbacks and special conditions permitted for towers designed for collocation may result in any enforcement action as permitted in Sections 411.033 or 411.043 following a hearing as permitted in Section 411.033 hereof. Failure to comply with the provisions of this Section constitutes a material violation of Section 411.029 of this regulation.
D.
Special Exception From Height Exceptions And Buffer Yards.
1.
A permittee of an existing tower may modify the height of its tower
to accommodate collocation of additional telecommunications facilities
as long as the total height of the tower and telecommunications facilities
attached thereto do not exceed a maximum height of one hundred fifty
(150) feet, unless provided for under authorization of a conditional
use permit.
2.
Permission to exceed the maximum permitted height pursuant to this Section shall not require an additional distance separation as set forth in Section 411.037 nor additional buffer yards or landscaping above that required for the original tower. The tower's pre-modification height shall be used to calculate such distance separations.
E.
Same Tower Type. A tower which is modified to accommodate the collocation of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval pursuant to Section 411.033 of this Chapter.
F.
Movement Of Tower.
1.
A tower which is being replaced to accommodate the collocation of
additional telecommunications facilities may be moved on the same
premises as it was constructed on, or an adjacent premises, within
fifty (50) feet of its existing location as long as required setbacks
and buffer yards are maintained.
2.
A tower that is relocated pursuant to this Section shall continue to be measured from the original tower site for the purpose of calculating the separation distances between towers pursuant to Section 411.037. The relocation of a tower under this Section shall in no way be deemed to cause a violation.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The
placement of telecommunications facilities are permitted uses in all
non-residential zoned districts within the City as further set forth
in this Section.
B.
Telecommunications Facilities. Telecommunications facilities as described in Section 411.027 shall be a permitted accessory use to any commercial, industrial, professional or institutional structures or on land owned by the City provided that the person making such accessory use registers the tower and obtains a building permit.
C.
The
person making such accessory use files a written certification with
the City Building Department establishing the following:
1.
The total height of the antenna support structure and telecommunications
facilities do not exceed the structural height limitations in the
applicable zoning district under this Chapter by more than twenty
(20) feet;
2.
The antenna support structure and telecommunications facilities comply
with the City Building Code and any applicable State law, does not
encroach on the public rights-of-way, and a building permit has been
obtained from the St. Robert Building Department; and
3.
Any telecommunications facilities and antennas located on the roof
of a building shall comply with setbacks required by the City Building
Code, if any, and do not extend more than fifty (50) inches in the
horizontal plane from the side of such an antenna support structure
unless the purpose of said protrusion is to permit signal coverage
in an area that will not receive such coverage but for an extension
beyond fifty (50) inches. Any extension beyond fifty (50) inches must
be approved by the administrative review of the City Code Official
prior to construction of said antenna and such approval shall be dependent
upon a showing that coverage is unavailable but for the extension,
the extension does not violate any other Building Code of the City,
State or Federal law that is applicable, encroach upon public rights-of-ways
and does not pose any danger to the public.
4.
The telecommunications facilities will utilize camouflaging techniques
or will be side-mounted to an antenna support structure in order that
the telecommunications facilities harmonize with the character and
environment of the area in which they are located if technically feasible
and such use will not degrade or distort the service signal. Antennas
and support structures shall be painted to blend with the color of
the building if such painting will not interfere with functioning
of the antenna or support structure.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The
placement of telecommunications facilities are permitted in all non-residential
zoning districts only by issuance of a building permit approved by
the City Building Department:
1.
The attachment of additional or replacement antennas or shelters
to any tower existing on the effective date of this regulation or
subsequently approved in accordance with these regulations and requiring
the enlargement of the existing tower compound area as long as all
other requirements of this Section and the underlying zoning district
are met.
2.
The one-time replacement of any tower existing on the effective date
of this regulation 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 tower
shall be of the same type as the original except that a guyed or self-supporting
(lattice) tower may be replaced by a monopole. If the guyed or lattice
tower to be replaced is one hundred eighty (180) feet or less in height,
it shall be replaced with a monopole when possible. The height of
the new tower may exceed that of the original by not more than twenty
(20) feet. Subsequent replacements shall require the approval of a
conditional use permit.
3.
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 support structure is incidental to an industrial,
commercial, institutional or other non-residential use.
4.
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.
5.
Towers erected and maintained for a period not to exceed thirty (30)
days for the purpose of replacing an existing tower, testing an existing
or proposed network.
B.
Application Procedures.
1.
Applications for building permits shall be made on the appropriate
forms to the City Building Department and accompanied by payment of
the established fee.
2.
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, walkway, parking areas and other structures,
public rights-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features and the footprint outline and height AGL of the existing
or proposed tower.
3.
The application shall be reviewed by the City Building Department
to determine compliance with the above standards and transmit the
application for review and comment by other departments and public
agencies as may be affected by the proposed facility.
4.
The Code Official shall issue a decision on the permit within ten
(10) days of the date of application or the application shall be deemed
approved. The Code Official may deny the application or approve the
application as submitted or with such modifications as are, in his/her
judgment, reasonably necessary to protect the safety or general welfare
of the citizens consistent with the purposes of this Section. The
Code Official may consider the purposes of this Section and the factors
established herein for recommending 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.
5.
Appeals. Any applicant who is denied a tower permit
application or who is determined by the Land Use Administrator to
be in violation of this Section shall have the right to appeal the
decision before the St. Robert Board of Adjustment. At the request
of the applicant, an formal public hearing shall be set on the agenda
at the next available St. Robert Board of Adjustment meeting following
the denial of an application or the determination of a violation and
shall consider, in addition to a determination of whether or not a
violation exists or the application was improperly denied, the question
of the technical or economic feasibility of compliance with this Section.
In the event the Board of Adjustment finds that the tower was constructed
in accordance with setback and other provisions relating to towers
designed for collocation and said tower is not being made available
for joint use or collocation as indicated at the time of application,
the Board of Adjustment may suspend or revoke the permit. Final decisions
of the Board of Adjustment shall be subject to judicial review pursuant
to Chapter 536, RSMo.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
All proposals to install, build or modify an antenna or support structure not permitted by Sections 411.031 or 411.033 above shall require the approval of a conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission.
1.
Applications for conditional use permits shall be filed and processed subject to and in the manner and time frame as established in Chapter 406 of this regulation. A decision by the Planning and Zoning Commission shall be accompanied by substantial evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
2.
Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantive evidence that placement of an antenna or structure pursuant to Section 411.031 (Permitted Uses) or Section 411.033 (Authorization By Building Permit) is not technologically or economically feasible. The Planning and Zoning Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.
Findings required. In addition to the determinations or limitations specified herein and by Chapter 406 for the consideration of conditional use permits, the Planning and Zoning Commission shall also base its decision upon and shall make findings as to the existence of the following conditions:
a.
The proposed tower is not and cannot be located within a communications
tower multi-use interest area as designated by such map or, if so
located, meets the collocation requirements of this Section.
b.
No existing towers, structures or buildings within the necessary
geographic area for the applicant's tower meet the applicant's necessary
engineering requirements considering:
(1)
Height;
(2)
Structural strength;
(3)
Resulting signal interference;
(4)
Feasibility of retrofitting;
(5)
Feasibility of redesigning the applicant's tower network; or
(6)
Other limiting conditions that render existing towers, structures
or buildings within the applicant's required geographic area unsuitable.
c.
The design of the tower or structure, including the antenna, shelter
and ground layout, maximally reduces visual degradation and otherwise
complies with provisions and intent of this Section. New towers shall
be of a monopole design, unless it is shown that an alternative design
would equally or better satisfy this provision.
d.
The proposal minimizes the number and/or size of towers or structures
that will be required in the area.
e.
The applicant has not previously failed to take advantage of reasonably
available collocation opportunities or procedures provided by this
regulation or otherwise.
f.
No land owned by any agency of the Federal or State Government or
by any political subdivision of the State is available for locating
the structure or tower.
4.
If any one (1), but not more than one (1), of the first six (6) determinations
is not satisfied, approval may be granted only on a finding of unique
circumstances otherwise necessitating approval to satisfy the purposes
of this Section.
5.
Additional limitations.
a.
No tower shall be approved at a height exceeding one hundred eighty
(180) 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 tower. Such showing must also 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 why such alternative are not viable.
b.
If the City has by order agreed to participate in a multi-municipality
commission to coordinate new tower or structure applications, an application
made pursuant to this Section shall also be submitted to such Planning
and Zoning Commission simultaneous with the filing of the request
with the City. The Planning and Zoning Commission may consider any
comments from such Planning and Zoning Commission but shall not allow
a delay in receiving such comments to significantly delay a decision
on the conditional use permit.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Design.
1.
Towers 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.
2.
Equipment shelters or cabinets shall have an exterior finish compatible
with the natural or built environment of the site and shall also comply
with any design guidelines as may be applicable to the particular
zoning district in which the facility is located.
3.
Antenna attached to a building or stealth antenna tower shall be
of a color identical to or closely compatible with the surface to
which they are mounted.
4.
All permittees shall make every reasonable effort to design and construct
new towers and telecommunications facilities to blend into the character
and environment of the area in which they are located, including the
use of camouflage techniques, path array antennas and side-mounting
antennas, unless such use shall create a hazard for the public or
it is not technically feasible to use such design and collocate other
facilities on the tower.
5.
Advertising. Unless a stealth antenna tower in
the form of an otherwise lawfully permitted pole sign, the placement
of advertising on structures regulated by this Section is prohibited.
B.
Setbacks.
1.
All towers shall be set back a distance equal to fifty percent (50%)
of the height of the tower up to one hundred (100) feet, plus one
(1) foot for each foot over one hundred (100) feet in height, unless
the tower is designed for collocation.
2.
Setback requirements for towers shall be measured from the center
of the tower to the property line of the parcel on which it is located.
C.
Structural Requirements. All towers must be designed and
certified by an engineer to be structurally sound and, at minimum,
in conformance with the City's Building Code, any applicable State
laws and other standards outlined in this regulation. A building permit
must be obtained from the City before construction may begin.
D.
Separation Or "Buffer" Requirements.
|
Designated Area
|
Separation (Buffer) Distance
|
|---|---|
|
Residential Single-Family, Two-Family, Multiple-Family or Manufactured
Home zoning districts.
|
300 feet. If the tower is of a stealth design or is designed
for collocation of an additional carrier, then the separation distance
may be reduced to 100% of the height of the tower.
|
|
Commercial, Planned Unit Developments or Public Use zoning districts.
|
200 feet or 100% of the height of the tower, whichever is greater.
|
|
Agricultural zoned districts.
|
100 feet or 100% of the height of the tower, whichever is greater.
|
|
Industrial zoned districts.
|
None; only setbacks apply.
|
1.
Towers shall be separated from the types of areas designated below
in compliance with the minimum standards established in the table
set forth below unless constructed on the same site as another tower
designed for the same purpose, the second (2nd) tower is permitted
by the zoning district, and the height of the second (2nd) tower does
not exceed the height permitted in the zoning district where the tower
is to be located.
2.
Measurement of tower separation distances for the purpose of compliance
with this Section shall be measured from the center of a tower to
the closest point of a designated area as specified in the table above
set forth.
3.
Separation distances set forth in this Subparagraph may be reduced
for towers designed for the collocation of telecommunications facilities
of other carriers by obtaining an exception to said distances for
towers not requiring a building permit by demonstrating to the City
Code Official:
4.
Additionally, the applicant must demonstrate that:
a.
The location, shape, appearance or nature of use of the proposed
tower will not substantially detract from the aesthetics of the area
nor change the character of the neighborhood in which the tower is
proposed to be located and that landscaping techniques will be used
to screen the tower from any adjacent residential use; and
b.
The proposed tower will accommodate at least one (1) additional carrier
of various telecommunications services.
5.
The Planning and Zoning Commission shall consider the information
presented by the applicant and determine if a special exception would
conflict with the purposes of this Section, would create a blight
on adjacent property or interfere with adjacent uses within the separation
area. If the tower requires a conditional use permit, then said showing
shall be made to the Planning and Zoning Commission and Board of Aldermen
as a part of the conditional use permit process.
6.
Proposed towers must meet the following minimum separation requirements
from towers existing at the time a permit is granted unless constructed
for the purpose of providing collocation capacity on the same site
as another tower designed for the same purpose, the second (2nd) tower
is permitted by the zoning district, and the height of the second
(2nd) tower does not exceed the height permitted in the zoning district
where the tower is to be located. However, an exception from separation
distances between towers may be obtained from the Planning and Zoning
Commission if the applicant can demonstrate that such an exception
is necessary for the engineering design of the system the tower is
to be a part of, or that no other option is available to provide coverage
for the service area, or the tower is designed for collocation of
telecommunications facilities or joint use by carriers.
|
Existing Towers — Types
| |||||
|---|---|---|---|---|---|
|
Lattice or guyed 150 feet in height or greater
|
Lattice or guyed less than 150 feet in height
|
Monopole towers 75 feet in height or greater
|
Monopole towers less than 75 feet in height
| ||
|
Proposed Towers/ Types
|
Lattice
|
3,000 feet
|
2,500 feet
|
1,500 feet
|
750 feet
|
|
Guyed
|
3,000 feet
|
2,500 feet
|
1,500 feet
|
750 feet
| |
|
Monopole 75 feet in height or greater
|
1,500 feet
|
1,500 feet
|
1,500 feet
|
750 feet
| |
|
Monopole less than 75 feet in height
|
750 feet
|
750 feet
|
750 feet
|
750 feet
| |
|
|
For the purpose of this Subsection, the separation distances
shall be measured by drawing or following a straight line between
the center of the existing tower and the center, pursuant to a site
plan, of the proposed tower.
|
E.
Method Of Determining Tower Height. The height of the tower
shall be measured as follows: the vertical distance between the highest
point of the tower and the natural grade below this point.
F.
Illumination. Towers shall not be artificially lighted
except as required by the Federal Aviation Administration (FAA) and
provisions of the City Code except that seasonal lighting may be permitted
as approved by the City. At time of construction of a tower dual mode
lighting shall be requested from the FAA in cases where there are
residential uses located within a distance which is three hundred
percent (300%) of the height of the tower from the tower.
G.
Finished Color. Towers not requiring FAA painting or marking
shall have either a galvanized steel finish or be painted an almond,
light gray, silver or white finish.
H.
Fencing And Screening. Fences must be constructed around or upon parcels containing towers, antenna towers or telecommunications facilities and shall be constructed in accordance with Chapter 420, Landscaping and Screening.
I.
Landscaping. All landscaping on parcels containing towers, antenna towers or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna tower or telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. However, the City may require additional landscaping if to do so would make the tower, antenna tower or telecommunications facility more reasonably compatible with the surrounding area, but in no event shall additional landscaping exceed the requirements as set out in Section 411.035. All vegetation used in the landscaping shall be located outside any fenced area.
J.
Security. All towers must be secured to protect against
trespass or unauthorized use of the property, tower or telecommunications
facilities.
K.
Access. All parcels upon which towers are located must
provide access to at least two (2) vehicular parking spaces located
within one hundred (100) feet of the tower. Traffic associated with
the facility shall not adversely affect traffic on adjacent streets.
L.
Maintenance.
1.
Permittees shall at all times employ ordinary and reasonable care
and shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures and accidents which are
likely to cause damage, injuries or nuisances to the public.
2.
Permittees shall install and maintain towers, telecommunications
facilities, wire, cables, fixtures and other equipment in compliance
with the requirements of the National Electric Safety Code and all
FCC, State and local regulations and in such manner that will not
interfere with the use of other property.
3.
All towers, telecommunications facilities and antenna towers shall
at all times be kept and maintained in good condition, order and repair
so that the same shall not menace or endanger the life or property
of any person.
M.
Drainage. All parcels upon which towers are located must
contain adequate drainage facilities which are approved by the Land
Use Administrator.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
In
the event the use of any tower has been discontinued for a period
of two (2) years, such tower shall be deemed abandoned.
B.
The
City shall provide the tower owner three (3) months' notice and an
opportunity to be heard before the Planning and Zoning Commission
before declaring the tower abandoned. In the event the tower owner
provides evidence of intended use of the tower, an extension of no
more than one (1) year may be granted.
C.
The
City shall provide the tower owner with the right to a public hearing
before the Planning and Zoning Commission, which public hearing shall
follow the three (3) months' notice. All interested parties shall
be allowed an opportunity to be heard at the public hearing.
D.
After
a public hearing is held pursuant to this Section, the Planning and
Zoning Commission may order the removal or demolition of the tower.
The Planning and Zoning Commission's final decision shall be subject
to judicial review pursuant to Chapter 536, RSMo.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
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 antenna, tower or disguised support structure in violation
of any provision of this regulation, regardless of whether such antenna
or structure is located on land owned by a governmental entity.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
Any person violating this provision shall be subject to a fine
of not more than five hundred dollars ($500.00) or ninety (90) days
in jail, or both. Each day the violation continues shall constitute
a separate offense.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
If any Section, Subsection, sentence, clause, phrase or portion
of this regulation is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
This regulation supersedes all ordinances or parts of ordinances
adopted prior hereto which are in conflict herewith, to the extent
of such conflict.
