[R.O. 2003 §425.220; Ord. No. 557, 4-10-1997]
A.
The Telecommunications Act of 1996 requires local government zoning
decisions about wireless telecommunications facilities to satisfy
the following five (5) conditions:
1.
Local zoning requirements may not unreasonably discriminate
among wireless telecommunications providers that compete against one
another.
2.
Local zoning requirements may not prohibit or have the effect
of prohibiting the provision of wireless telecommunications service.
3.
A local government must act on a request for permission to place
or construct wireless telecommunications facilities within a reasonable
period of time.
4.
Any City or Zoning Board decision denying permission to install
or construct wireless telecommunications facilities must be in writing
and must be based on evidence in a written record before the Council
or Board.
5.
As long as wireless telecommunications facilities meet standards
to be set by the FCC, a local government may not base any decision
denying a request to construct such facilities on the ground that
radio frequency emissions from the facilities will be harmful to the
environment or health of residents.
[Ord. No. 1248 §1, 9-20-2012]
A.
Statement Of Purpose. The general purpose of this
Chapter 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 Buckner. Specifically, this Chapter 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 Buckner;
2.
Minimize adverse visual impacts of wireless communications facilities
through 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 co-location of facilities on any new support structures
and facilitate the fewest and least visible new support structures
capable of achieving these objectives;
5.
Ensure that any new support structure is located in an area
compatible with the neighborhood or surrounding community to the extent
possible; and
6.
Ensure that regulation of wireless communications facilities
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.
B.
Applicability. Notwithstanding any ordinance to
the contrary, the procedures set forth in this section shall be applicable
to all wireless communications facilities existing or installed, built
or modified after the effective date of this Chapter to the fullest
extent permitted by law.
[Ord. No. 1248 §1, 9-20-2012]
As used in this Chapter, the following terms shall have the
meanings and usages indicated:
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 than two (2) meters in diameter (mounted within twelve
(12) feet of the ground or building-mounted) and any receive-only
home television antennas.
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.
A structure for the protection and security of communications
equipment associated with one (1) or more antennas 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 Director of Public Works of the City or his/her designee
or official acting in such capacity.
Any freestanding, man-made structure designed for the support
of antennas, the presence of which is camouflaged or concealed as
an appropriately placed and designed architectural or natural feature.
Depending on the location and type of disguise used, such concealment
may require placement underground of the utilities leading to the
structure. Such structures may include but are not limited to clock
towers, campaniles, observation towers, light standards, flag poles
and artificial trees. For purposes of this definition, a structure
"camouflaged or concealed as an appropriately placed and designed
architectural or natural feature" shall meet the following additional
criteria:
It is consistent with and contributes to and does not detract
from the character and property values and use of the area and neighborhood
in which it is located;
It does not contain distorted proportions, size, or other features
not typically found on the type of structure or feature to which it
is designed to replicate;
It cannot be identified as an antenna support structure by persons
with reasonable sensibilities and knowledge;
Its equipment, accessory buildings, or other aspects or attachments
relating to the disguised support structure are wholly concealed using
a manner consistent with and typically associated with the architectural
or natural structure or feature being replicated; and
It is of a height, design and type that would ordinarily occur
at the location and neighborhood selected.
The Federal Aviation Administration.
The Federal Communications Commission.
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 use authorized herein that exists in addition to the
principal use of the property.
Any addition, deletion or change, including the addition
or replacement of antennas, or any change to a structure requiring
a building permit or other governmental approval.
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. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected antennas is prohibited.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antennas
and including guyed towers, self-supporting (lattice) towers, or monopoles,
but not disguised support structures or buildings. The term shall
also not include any support structure that includes attachments of
sixty-five (65) feet or less in height owned and operated solely for
use by an amateur radio operator licensed by the Federal Communication
Commission.
Any antenna, cabinet, shelter and support structure and associated
equipment.
[Ord. No. 1248 §1, 9-20-2012]
A.
Applications for permitted, administrative, or conditional uses pursuant
to this Chapter shall be subject to the supplementary procedures in
this Chapter. Applications shall be submitted to the City as a complete
application on forms provided by the City. A "complete application"
shall be an application submitted on the forms provided by the City,
fully executed by the applicant, identifying the specific approval
sought, and containing all attachments, fees and information as required
thereon or by the City, consistent with this Chapter. Applications
shall be accompanied by a building permit application and other applicable
forms, and such application fees as may be established to reimburse
the City for its inspection and review costs.
B.
Co-Location Requests. A final decision on all applications
to co-locate wireless communication facilities on an existing support
structure shall be made no later than ninety (90) days after receipt
of a complete application from an applicant, unless extended by the
City for good cause or by consent of the applicant.
C.
Other Applications; New Support Structures. A final
decision on all other applications under this Chapter, including but
not limited to applications for new support structures, shall be made
no later than one hundred fifty (150) days after receipt of a complete
application from an applicant, unless such period is extended by the
City for good cause or by consent of the applicant.
D.
Incomplete Applications. Within thirty (30) days
after receipt of an incomplete application, the Director shall provide
notice to the applicant stating that the application is incomplete
and generally identifying the code provisions or application requirements
not satisfied or information not provided that the applicant must
satisfy for a complete application commencing the City's review
process. Nothing in this procedure shall alter the affirmative obligation
of each applicant to review the applicable code and satisfy all applicable
provisions as may apply to the applicant's specific submission.
[Ord. No. 1248 §1, 9-20-2012]
A.
The requirements set forth in this Chapter shall be applicable to
all wireless communications facilities within the City installed,
built or modified after the effective date of this Chapter to the
full extent permitted by law.
1.
Principal Or Incidental Use. Wireless communications
facilities may be either a principal use in all zoning districts or
an incidental use to institutional or nonresidential uses, 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, and lot size, applicable to a primary use in the
district in which the use is proposed.
2.
Building Codes, Safety Standards And Zoning Compliance. Wireless communications facilities shall be constructed and maintained
in compliance with all standards contained in applicable State and
local building codes. A certified engineer's structural report
shall be required with each application, unless waived upon application
to the Director stating why such report is unnecessary to the specific
application and a determination in the discretion of the Director
approving such statement. In addition to any other approvals required
by this Chapter, no wireless communication facility or portion thereof
shall be erected, replaced, or expanded prior to receipt of a certificate
of zoning compliance and the issuance of a building permit. For all
sites located within a Historic Preservation District, a certificate
of appropriateness shall also be required.
3.
Regulatory Compliance. All wireless communications
facilities shall meet or exceed current standards and regulations
of the FAA, FCC and any other local, State or Federal agency with
the authority to regulate wireless communications facilities, and
including all required licenses, permits and taxes applicable to such
structure and/or modification. 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 wireless communications
facilities permitted by this Chapter shall be granted for any applicant
having an uncured violation of this Chapter, any zoning regulation
regarding the lot on which the structure is proposed, or any other
governmental regulatory, licensing, or tax requirement applicable
to such antenna or structures within the City.
4.
Security. All wireless communications facilities
shall be protected from unauthorized access by appropriate security
measures. A description of proposed security measures shall be provided
as part of any application to install, build or modify wireless communications
facilities. Additional measures may be required as a condition of
the issuance of a building permit or administrative permit as deemed
necessary by the Director or by the Board of Aldermen in the case
of a conditional use permit.
5.
Lighting. Antennas 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 antennas or support structure. Lighting
may also be approved as a consistent component of a disguised support
structure. Equipment cabinets and shelters may have lighting only
as approved by the Director or Board of Aldermen on the approved site
plan.
6.
Advertising. Except for a disguised support
structure in the form of an otherwise lawfully permitted sign, the
placement of advertising on wireless communications facilities is
prohibited other than identification signage of not greater than one
(1) square foot on ground equipment.
7.
Design.
a.
Color. Subject to the requirements of the FAA
or any applicable State or Federal agency, towers and attachments
shall be painted a neutral color consistent with the natural or built
environment of the site. Unpainted galvanized steel support structures
are not permitted.
b.
Ground Equipment. 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. All equipment shall be either placed underground,
contained in a single shelter or cabinet, or wholly concealed within
a building or approved walled compounds.
c.
Antenna Design. Antennas attached to a disguised
support structure or tower shall be contained within the disguised
support structure or within or mounted flush on the surface of the
tower to which they are mounted. Antennas attached to an existing
building or structure shall be of a color identical to the surface
to which they are mounted. All antennas shall be designed to be disguised
and maximally concealed on or within the support structure. Exposed
antennas on "crow's nest" or other visible platforms or extensions
are prohibited.
d.
Height. Support structures shall be no taller
than necessary and shall not exceed the height limitation of any airport
overlay zone as may be adopted by the City or other regulatory agency.
Support structures may exceed underlying zoning district height restrictions
for buildings and structures only where shown to be necessary, provided
that no reasonable alternative exists. District height restrictions
shall be considered by the City in determining the appropriateness
of the design and location of the application under the applicable
standards for approval.
e.
Monopole Design. All towers shall be of a monopole
design. Lattice, guyed towers or other non-monopole tower designs
shall not be permitted.
f.
Compound Walls/Landscaping. All towers shall
be surrounded by a minimum of six-foot-high decorative wall constructed
of brick, stone or comparable masonry materials and a landscape strip
of not less than ten (10) feet in width and planted with materials,
which will provide a visual barrier to a minimum height of six (6)
feet. The landscape strip shall be exterior to any security wall.
In lieu of the required wall and landscape strip, an alternative means
of screening may be approved by the Director, or by the Board of Aldermen
in the case of a conditional use permit, upon demonstration by the
applicant that an equivalent degree of visual screening will be achieved.
Landscaping or other improvements may be required for disguised support
structures if needed to implement an approved disguise.
g.
Setbacks. All towers, support structures, and
related structures, fences and walls shall be separated from the property
line of any adjacent property zoned for a residential use at least
a distance equal to the height of the support structure, and shall
be separated from all other adjacent property lines at least a distance
equal to one-half (1/2) of the height of the support structure.
h.
Storage. Vehicle or outdoor storage on any
support structure site is prohibited, unless otherwise permitted by
the zoning.
i.
Parking. On-site parking for periodic maintenance
and service shall be provided at all antenna or support structure
locations consistent with the underlying zoning district and the type
of antenna or support structure approval granted.
8.
Shared Use.
a.
Existing Support Structures. Prior to the issuance
of any permit to alter or modify any support structure existing on
the effective date of this Chapter, the owner shall provide to the
City a written and notarized agreement committing to make such support
structure available for use by others subject to reasonable technical
limitations and reasonable financial terms. Technical limitations
regarding disguised support structures shall include limitations as
are necessary to maintain the requirements of a disguised support
structure. The willful and knowing failure of a structure owner to
agree to shared use or to negotiate in good faith with potential users
shall be unlawful and shall, among other remedies of the City, be
cause for the withholding of future permits to the same owner to install,
build, or modify wireless communications facilities within the City.
b.
Support Structure Inventories. Prior to the
issuance of any permit to install, build or modify any support structure,
such applicant shall furnish the Director an inventory of: (1) all
support structures owned or controlled by such applicant and by the
proposed antenna user (if the proposed antenna user is different from
the Applicant); and (2) all towers owned by any person located within
one and one-half (1 1/2) miles of the proposed structure. The
inventory shall include the structure or antenna 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.
Shared Use Required For New Support Structures. Any new support structure approved at a height of sixty (60) feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by Subsection (A)(8)(a) and a report describing the support structure's ability to support co-locations shall be submitted by the applicant. 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 unlawful and shall be a violation of this Chapter and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner or applicant to install, build or modify wireless communications facilities within the City. The Director may waive this requirement for disguised support structures if the applicant submits a written request demonstrating that compliance cannot be achieved without violating one or more of the definitional requirements of a disguised support structure.
d.
Notice Of Support Structure Applications. Prior
to any application for the construction of a new support structure,
a copy of the application or a summary containing the height, design,
location and type and frequency of antennas shall be delivered by
certified mail to all known potential tower users within City, including
but not limited to all companies providing wireless Internet and commercial
mobile radio services in the City, and such other potential users,
if any, if identified on a schedule maintained by the Director. Proof
of such delivery shall be documented by the applicant with the application
to the City. The Director may establish a form required to be used
for such notifications and establish other procedures consistent with
and as may facilitate compliance with this Chapter. The Director shall,
before deciding on the application or forwarding it to the Planning
and Zoning Commission or Board of Aldermen for review, allow all persons
receiving notice at least fifteen (15) calendar days to respond to
the City and the applicant and request that the party receiving notice
be permitted to share the proposed tower or locate within one (1)
mile of such area. The failure of the receiving party to use this
process or respond to any such notice shall be considered cause for
denying requests by such party for new support structures.
e.
Appeal Of Shared Use Violations. Any party
seeking shared use of a support structure subject to this provision
shall, after responding to notice of an application, negotiate with
the applicant for such use. The applicant may on a legitimate and
reasonable business basis choose between multiple requests for shared
use on the same support structure, and may reject any request where
legitimate technical obstacles cannot be reasonably overcome or where
the party requesting shared use will not agree to reasonable financial
terms. Any party believing that the applicant has breached its duty
to negotiate in good faith for shared use shall immediately notify
the applicant and the Director in writing. The Director may reject
the application upon a finding that shared use has been improperly
denied. 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 deposit of two thousand five hundred dollars ($2,500.00)
to the City to be used to offset the cost of review. After the applicant's
receipt of the notice, the applicant shall have ten (10) calendar
days to provide a written submission to the Director responding to
the alleged violation of the shared use requirement. If deemed necessary
by the Director, he/she may engage, at the cost of the party alleging
the violation, a neutral, qualified technical consultant to provide
an opinion on feasibility or costs of the shared use request. If the
Director 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 thirty (30) days until the Director
has determined that the applicant has complied. Nothing herein shall
be deemed to create a cause of action for relief against the City
or entitlement to any relief, process or enforcement other than review
by the City as provided herein. An application for a new support structure
shall not be deemed complete for acceptance until all information
necessary for a decision on compliance has been provided by the applicant.
[Ord. No. 1248 §1, 9-20-2012]
A.
The placement of wireless communications facilities is permitted
in all zoning districts only as follows:
1.
The attachment of additional or replacement complying antennas
or equipment to any existing fully conforming wireless communications
facility, provided that:
2.
The mounting of antennas on any existing and conforming building
or structure (other than a support structure), provided that the presence
of the antennas and equipment is concealed by architectural elements
or fully camouflaged and concealed by painting a color identical to
the surface to which they are attached and further provided that all
requirements of this Chapter and the underlying zoning ordinance are
met.
3.
The mounting of antennas on or within any existing high-voltage
electric transmission tower, but not exceeding the height of such
tower by more than ten (10) feet, provided that all requirements of
this Chapter and the underlying zoning ordinance are met, except minimum
setbacks provided in this Chapter shall not apply.
4.
The installation of antennas 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 and subject to such
specifications, conditions and requirements as set forth in the lease.
[Ord. No. 1248 §1, 9-20-2012]
A.
The placement of wireless communications facilities is permitted
in all zoning districts by administrative permit approved by the Director
only as follows:
1.
The attachment of additional or replacement antennas, equipment, cabinets or shelters to any nonconforming support structure existing on the effective date of this Chapter or subsequently approved in accordance with these regulations and not satisfying the requirements for such attachment pursuant to Section 425.270 as a permitted use as long the applicant provides documentation from which the Director has reasonably determined that the application will bring the support structure (including ground equipment and site) into conformance with this Chapter to the maximum extent feasible and further provided that the proposal does not increase the height of the support structure or increase any exterior equipment compound area. A "nonconforming support structure" shall be any support structure or associated site or equipment that does not comply with all of the requirements of this Chapter, including but not limited to the general requirements herein and the requirements of the underlying zoning district.
2.
The one-time replacement of any tower existing on the effective
date of this Chapter 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 and the new
structure otherwise complies with this Chapter. The new tower shall
be of the same type as the original except that a guyed or self-supporting
(lattice) tower shall be replaced by a monopole. The height of the
new monopole tower may exceed that of the original by not more than
ten feet (10'). 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 or associated buildings consistent with the disguise
when the structure is located in any district other than a district
authorizing industrial uses as a permitted use. Equipment may be placed
in an appropriately concealed cabinet if the disguised support structure
is incidental to an industrial, commercial, institutional or other
nonresidential use.
4.
The placement in any commercial district of camouflaged antennas on wooden or steel functioning utility poles not to exceed forty (40) feet in height and on any such poles (or functional replacement poles of no greater height) existing in any other district on the date of adoption of this Chapter. All related equipment for antennas permitted by this subsection shall be located outside of the rights-of-way in a concealed cabinet or underground and shall otherwise comply with requirements for accessory utility facilities provided in Section 425.100 of this Chapter.
5.
Temporary towers erected and maintained for a period not to
exceed sixty (60) days for the purpose of replacing an existing tower,
testing an existing or proposed network, or special events requiring
mobile towers. The approval for such tower shall be limited to the
amount of time necessary for its purpose and approval may be further
conditioned for public safety and other purposes of this Chapter.
B.
Application Procedures. Applications for administrative
permits shall be made on the appropriate forms to the Director and
accompanied by a deposit of two thousand five hundred dollars ($2,500.00),
or such other deposit amounts as may be established. In addition to
the above fee, upon request by the Director, an applicant shall deposit
with the City such additional amounts reasonably necessary to reimburse
the City for such anticipated costs and fees for legal, engineering
or other contractual or other consultant services determined by the
City to be needed in review or action on the application. No application
for an administrative permit under this section shall be deemed complete
until the applicant has paid all fees and deposits required under
this Chapter. Any amount not used by the City shall be refunded to
the applicant upon written request after a final decision. Applicant
shall submit along with its completed application form a:
1.
A detailed site plan, based on a closed boundary survey of the
host parcel, 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 and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features, and the coordinates and height AGL of the existing or proposed
support structure.
2.
The application shall be reviewed by the Director 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.
3.
In reviewing an application, the Director may require the applicant
to provide additional information, including technical studies, and/or
may require applicant to pay 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.
4.
The Director shall issue a decision on the permit within the time provided in Section 425.250 or the application shall be deemed approved unless the time period for review and action is extended by writing of the Director or Board of Aldermen for reasonable cause. The Director 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 and to effectuate the purposes of this Chapter. The Director may consider the purposes of this Chapter and the factors established herein for granting a conditional use permit, as well as any other considerations consistent with the Article. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
C.
Appeals. Unless otherwise required by law, appeals
from the decision of the Director shall be made first to the Board
of Aldermen in accordance with the procedures for a contested case
as defined in Chapter 536, RSMo., within ten (10) days of any denial.
[Ord. No. 1248 §1, 9-20-2012]
A.
All proposals to install, build or modify wireless communications facilities not permitted by Sections 425.270, Permitted Uses, or 425.280, Administrative Permit, shall require the approval of conditional use permit following a duly advertised public hearing by the Planning and Zoning Commission and Board of Aldermen, subject to the forthcoming limitations:
1.
Applications. Applications for conditional
use permits shall be filed on such forms required by the Director
and processed subject to the requirements of and in the manner and
time frame as established for conditional use permits in the Zoning
Code and, in addition to such other requirements, shall be accompanied
by a deposit of two thousand five hundred dollars ($2,500.00), or
such other deposit amount 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 costs that the City may incur in review
of the application. Any amount not used by the City shall be refunded
to the applicant upon request after a final decision. The Director
may require such studies or other information as may be reasonably
necessary for review of the application based on the requirements
of this Chapter. The applicant shall be responsible for such additional
reasonable costs as the City may incur and shall be required, on request
of the Director, to post a deposit for such costs and to submit information
as may be deemed necessary to complete such studies or review. No
application shall be deemed complete until receipt of all required
information and fees. In addition, upon request by the Director, an
applicant shall deposit with the City such additional amounts reasonably
necessary to reimburse the City for such anticipated costs and fees
for legal, engineering or other contractual or other consultant services
determined by the City to be needed in review or action on the application.
No application for a conditional use permit under this section shall
be deemed complete until the applicant has paid all fees and deposits
required under this Chapter. Any amount not used by the City shall
be refunded to the applicant upon written request after a final decision.
2.
Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of wireless communications facilities pursuant to Sections 425.270, Permitted Uses, or 425.280, Administrative Permit, of this Chapter is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.
Decision And Findings Required. A decision
by the Board of Aldermen 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 under oath and may be submitted with
the application or thereafter, or presented during the public hearing
by the Applicant or others.
4.
Findings Required.
a.
In addition to the determinations or limitations specified herein
for the consideration of conditional use permits, no conditional use
permit shall be approved by the Board of Aldermen unless findings
in the affirmative are made that the following conditions exist:
(1)
No existing towers, structures or buildings within
the necessary geographic area for the applicant's tower meet
the applicant's necessary engineering requirements considering:
(2)
That the design of the wireless communications
facilities, including ground layout, maximally reduces visual degradation
and otherwise complies with provisions and intent of this Chapter.
New towers shall be of a monopole design.
(3)
That the proposal minimizes the number and/or height
and visibility of wireless communications facilities or support structures
that will be required in the area. Where alternate technology or design
exists or is reasonably available that would satisfy the general need
for the proposal, this factor is ordinarily not satisfied.
(4)
That the applicant has not previously failed to
take advantage of reasonably available shared use opportunities or
procedures provided by this Chapter or otherwise.
(5)
That 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 wireless communications facility.
b.
If any one (1), but not more than one (1), of the previous five conditions [Subsection A(4)(a)(1) through (5)] is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Chapter.
B.
Additional Height Limitations. No tower shall be
approved at a height exceeding one hundred fifty (150) 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 including but not
limited to the use of two or more support structures, and the reason
why such alternatives are not viable.
C.
Historic Preservation. A conditional use permit
shall not be issued for any wireless communications facility that
the Board of Aldermen determines would create a significant negative
visual impact or otherwise have a significant negative impact on the
historical character and quality of any property within a Historic
Preservation District or such District as a whole.
D.
RF Engineer Certification Required; Additional Studies. The City may require, at the expense of the applicant, any additional
studies or the hiring of an external consultant, including technical
and legal services, to review exhibits and/or other requirements in
accordance with this Section. Applications for a new tower shall be
considered only after a letter, certified by a radio frequency engineer
under oath, stating that the planned telecommunication equipment cannot
be accommodated on an existing or already approved support structure
that is capable of shared use and providing facts (including: all
alternatives considered; and precise cost estimates where cost is
a basis for the determination) clearly demonstrating one or more of
the following conditions:
1.
Planned telecommunications equipment would exceed the structural
capacity of an existing or approved support structure, and the support
structure cannot be reinforced to accommodate planned telecommunication
equipment at a reasonable cost;
2.
Planned telecommunications equipment will cause radio frequency
interference with other existing or planned telecommunications equipment
for that support structure and the interference cannot be prevented
at a reasonable cost;
3.
Existing or approved support structures do not have space on
which the planned telecommunications equipment can be placed so it
can function effectively and at least in parity with other similar
telecommunications equipment in place or approved by the City or other
area jurisdictions; or
4.
Other reasons that make it impractical and not feasible to place
the telecommunications equipment planned by the applicant on an existing
or approved support structure.
[Ord. No. 1248 §1, 9-20-2012]
Any upper portion of a support structure which is not occupied
by active antennas for a period of twelve (12) months, and any entire
support structure which is not so occupied for a period of six (6)
months, shall be removed at the owner's expense. Removal of upper
portions of a support structure manufactured as a single unit shall
not be required. Failure to comply with this provision shall constitute
a nuisance that may be remedied by the City at the support structure
or property owner's expense. Any applicant for a new support
structure not built as a disguised part of another existing or permitted
structure shall place a bond or other security with the City prior
to any final approval for the purpose of removing any support structure
as required herein and to compensate the City for performing proper
maintenance of such support structures to ensure such structures do
not become unsafe or otherwise fail to be maintained in compliance
with this Chapter. The bond or security shall be in the form approved
by the Director, and in the amount of fifteen thousand dollars ($15,000.00),
or such other amount as is determined by the Director to satisfy the
requirements hereof with regard to the specific support structure
to which it would apply.
[Ord. No. 1248 §1, 9-20-2012]
Notwithstanding any right that may exist for a governmental
entity to operate or construct wireless communications facilities,
it shall be unlawful for any person to erect or operate for any private
commercial purpose any wireless communications facilities in violation
of any provision of this Chapter, regardless of whether such wireless
communications facilities are located on land owned by a governmental
entity.
[Ord. No. 1248 §1, 9-20-2012]
Except as may otherwise be provided by law, any person violating
this Chapter shall be subject to a fine of not more than one thousand
dollars ($1,000.00) or 90 days in jail or both. Each day the violation
continues shall constitute a separate offense.
