[R.O. 2012 §409.010; Ord. No. 12-04-06, 4-16-2012]
A. The
intent of this Chapter is to ensure the provision of quality communications
services within the City limits; establish a fair and efficient process
for the review and approval of communication facility applications;
assure an integrated, comprehensive review of impacts of such facilities,
and protect the health, safety, welfare and aesthetic character of
the community. The City of Excelsior Springs recognizes that facilitating
the development of wireless service technology can be an economic
development asset to the City and a benefit to residents. This Chapter
is intended to ensure that the placement, construction, and modification
of wireless telecommunications facilities complies with all applicable
Federal laws and is consistent with the City's land use policies,
zoning, planning, and design standards. This Chapter is intended to
meet the following specific objectives:
1. Ensure access to reliable wireless communications services throughout
the City;
2. Encourage the use of existing monopoles, towers, utility poles and
other structures for the co-location of telecommunications facilities;
3. Encourage siting of telecommunication facilities on public lands;
4. Minimize the total number of towers throughout the City;
5. Ensure the use of disguised (stealth) facilities in residential areas,
properties located in corridors with specific design guidelines, and
properties located near historically significant structures or districts;
6. Encourage the location of new monopoles in non-residential areas
and in areas where adverse impact on the community will be minimal;
7. Avoid potential damage to property caused by towers and telecommunications
facilities by ensuring that such structures are soundly and carefully
designed, constructed, modified, and maintained.
[R.O. 2012 §409.020; Ord. No. 12-04-06, 4-16-2012]
As used in this Chapter, the following terms shall have these
prescribed meanings:
ACCESSORY FACILITY OR STRUCTURE
An accessory facility, building, or structure(s) serving
or being used in conjunction with telecommunication towers and/or
antennas, and generally located on the same property or lot as the
communication tower and/or antenna, including, but not limited to,
utility or transmission equipment storage sheds or cabinets.
ANTENNA
Any structure or device used to collect or radiate electromagnetic
waves for the provision of wireless services, including, but not limited
to, cellular, paging, personal communications services (PCS), Internet,
and microwave communications. Such structures and devices include,
but are not limited to, directional antennae, such as panels, microwave
dishes and satellite dishes, and omni directional antennae.
APPLICATION
All necessary and appropriate documentation that an applicant
submits in order to receive approval for a communications facility.
CO-LOCATION
The use of an existing tower or structure to support antenna
for the provision of a communication service. Co-location also means
locating telecommunications facilities on an existing structure (for
example: water tanks, towers, utility poles, building rooftops, etc.)
without the need to construct a new support structure.
DISGUISED (STEALTH) TELECOMMUNICATIONS FACILITY
Any telecommunications facility that is integrated as an
architectural feature of a structure so that the purpose of the facility
for providing wireless services is not readily apparent to a casual
observer. All antennae, arrays, cables and other equipment used for
providing communications service shall not be obtrusive or noticeably
visible from adjacent properties or adjacent streets. Examples of
disguised telecommunications facilities include, but are not limited
to, structures designed to resemble trees, flagpoles, steeples, crosses,
clock towers or other building elements.
MONOPOLE
A single, freestanding pole-type structure supporting one
(1) or more antenna.
REPLACEMENT
Replacement of an existing structure, antenna or tower that
exists on a previously approved site, utility easement, or approved
special use permit area as long as the new tower is no greater than
an additional twenty percent (20%) of the height of the original tower.
SUPPORT STRUCTURE
A structure designed to support telecommunications facilities
including, but not limited to, monopoles and other freestanding structures.
TELECOMMUNICATIONS FACILITY
Any unmanned facility established for the purpose of providing
wireless transmission of voice, data, images, or other information
including, but not limited to, cellular service, personal communications
service (PCS), Internet, and paging service.
TOWER
A self-supporting monopole, lattice, or guyed structure constructed
from grade which supports telecommunications facilities. The term "tower" shall not include antennas used by amateur radio
operators licensed by the FCC.
[R.O. 2012 §409.030; Ord. No. 12-04-06, 4-16-2012]
A. All
telecommunications facilities, any portion of which lies within the
City, shall be subject to the provisions of this Section:
1. Pre-existing towers, permitted under a special use permit, shall
not be subject to the provisions of this Chapter until such time as
the special use permit is renewed, At that time these towers shall
be reviewed and a determination made concerning full conformance.
2. Telecommunication towers are permitted as a special use in all zoning
districts, Applicants are encouraged, however to locate facilities
in non-residential zones and when in residential zones, in parcels
occupied by or adjacent to public or quasi-public uses.
3. Telecommunications towers may not be situated in a designated Historic
Overlay District unless the Historic Preservation Commission approves
the location and design through a certificate of appropriateness and
recommends approval to the Planning and Zoning Commission.
4. Administrative review and approvals shall occur for the following
types of telecommunication facilities:
a. New communication antennas on existing structures, buildings or facilities;
b. Co-location onto an existing communications facility;
c. Replacement of an existing structure, antenna, or tower;
d. Minor modifications to existing towers and/or antennae.
5. Unless otherwise stated herein, telecommunications facilities shall
be allowed only upon approval of a special use permit.
6. The initial special use permit shall have a time limit of ten (10)
years with subsequent renewals of five (5) years each upon approval
of an administrative review. At the time of renewal, the applicant
shall demonstrate that the telecommunications facility is still in
compliance with the original conditions of approval.
[R.O. 2012 §409.040; Ord. No. 12-04-06, 4-16-2012]
A. Co-Location.
1. Telecommunication structures shall be designed to accommodate multiple
telecommunications providers.
2. The compound area surrounding the support structure must be capable
of being expanded to sufficient size to accommodate accessory equipment
for multiple telecommunications providers.
3. Disguised telecommunications facilities shall be designed to accommodate
the co-location of other antennae whenever economically and technically
feasible or aesthetically appropriate.
4. Upon request of the applicant, the Zoning Administrator, Planning
and Zoning Commission, or City Council may waive the requirement that
new support structures accommodate the co-location of other service
providers if collocation at the site is found to be non-essential
to the public interest or that co-location would cause interference
with existing telecommunications facilities, as demonstrated by submitted
technical evidence.
B. Modifications To Existing Facilities.
1. Minor modifications to telecommunications facilities and support
structures may be permitted by administrative approval by the Zoning
Administrator.
2. Major modifications to telecommunications facilities and support
structures may be permitted only upon approval of a special use permit.
C. Replacement
of an existing structure may be permitted upon the granting of administrative
approval by the Zoning Administrator. Replacement of non-conforming
support structures must conform to the requirements of this Chapter
and require a special use permit.
D. Setbacks.
1. Commercial (C) and Industrial (M) Zoning Districts: Unless otherwise stated herein, telecommunications towers/support
structures shall be set back from all platted property lines a distance
equal to one-half (½) the height of the tower measured from
the base of the structure to its highest point (excluding lightning
arrestor). In addition, where support structures are located on property
zoned for commercial or industrial use that is adjacent to property
zoned for residential use, the monopoles and towers shall be set back
from the residential property line a distance equal to the height
of the structure measured from the base of the structure to its highest
point. Setbacks for other structures shall be governed by the underlying
zoning district.
2. Agricultural (A) and Residential (R) Zoning Districts: Unless otherwise stated herein, support structures shall be set
back from all platted property lines a distance equal to the height
of the structure measured from the base of the structure to its highest
point (excluding lightning arrestor). Setbacks for other structures
shall be governed by the underlying zoning district.
3. Safety fall zones: For towers in, or adjacent to,
residential zones or uses, a safety fall zone equal to the height
of the tower measured from the base of the structure to its highest
point (excluding lightning arrestor) shall be provided separating
the proposed tower from any residential structure, excluding accessory
structures.
Exceptions: The Planning and Zoning Commission may recommend,
and the City Council may approve, a deviation from the setback and
fall zone requirements if it finds that all of the following conditions
are met:
a. The deviation will not adversely affect the rights of adjacent property
owners or residents.
b. That the strict application of the provisions of this Chapter would
constitute unnecessary hardship upon the property owner represented
in this application.
c. That the deviation will not adversely affect the public health, safety
or general welfare.
E. Separation Requirements.
1. All new telecommunications facilities, except disguised facilities,
shall be located a minimum of one-half (½) mile from existing
towers. The separation distance shall be measured from the base of
the existing tower to the base of the proposed tower.
2. The Planning and Zoning Commission may recommend, and the City Council
may approve, an exception to the required separation distance if the
applicant demonstrates through engineering or other appropriate technical
study that there are not suitable sites available that meet the one-half
(½) mile separation requirement. A "lack of suitable
sites" means that there are no existing telecommunications
facilities available for co-location, no existing buildings or other
structures available for placement of equipment or, for engineering
or other appropriate technical reasons, equipment must be located
closer than one-half (½) mile apart to operate the communications
systems.
F. Height. Unless otherwise stated herein, the maximum height
for support structures shall be one hundred fifty (150) feet, excluding
lightning arrestor.
[R.O. 2012 §409.050; Ord. No. 12-04-06, 4-16-2012]
A. Installations
of all telecommunication towers, antennas, support structures, and
accessory equipment must comply with the following standards:
1. Support structures. All towers less than one hundred
fifty (150) feet in height must be of monopole design, and if more
than seventy (70) feet in height, must be constructed to accommodate
multiple users, while still meeting the standards of this Section.
Lattice towers and guyed support structures may be approved only when
there is clear and convincing evidence that the communication objectives
cannot be reasonably obtained utilizing a monopole tower.
2. Antennas. All anticipated antennas and mounting
hardware must be shown on drawings for initial approval. Mounting
locations for multiple antennas on a structure must be coordinated
in design, and spaced and balanced to give a planned and uncluttered
appearance. Installation of additional antennas beyond those reflected
in initial approvals may be approved administratively if they meet
these standards.
3. Security. All telecommunication facilities shall
be located, fenced, or otherwise secured in a manner that prevents
unauthorized access.
4. Illumination. Telecommunication towers shall not
be artificially lighted, unless required by the FAA, FCC, or other
applicable authority, or for necessary security purposes. If lighting
is required, the lighting must be designed to cause the least disturbance
to the surrounding properties.
5. Signage. Signs located at the telecommunications
tower shall be limited to ownership, contact information, the FCC
antenna registration number and any other warning signs required by
the FCC. Commercial advertising is strictly prohibited.
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Exceptions: The City Council may reduce the requirements of
this Section if the goals of this Section would be better served thereby.
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[R.O. 2012 §409.060; Ord. No. 12-04-06, 4-16-2012]
A. In
addition to the general application requirements for a special use
permit, all applications for telecommunication facilities must include
the following:
1. The name, address, and telephone number of the owner and lessee of
the parcel of land upon which the wireless communication facilities
are to be situated. If the applicant is not the owner of the parcel
of land upon which the proposed tower is to be situated, the written
consent of the owner must be evidenced in the application. If the
applicant is not the owner of the property, a copy of the preliminary
lease agreement is required to be provided with the application. A
copy of the final agreement must be submitted prior to issuance of
a building permit for the structure.
2. The legal description and address of the parcel of land upon which
the proposed tower is to be situated.
3. A vicinity map, identifying the location of the property in relation
to at least one (1) intersection of two (2) streets.
4. A site plan showing:
a. The boundary of the property on which the facility is to be located;
b. The specific placement of the antenna support structure and all ancillary
equipment on the site with dimensioned setbacks from lot lines;
c. A dimensioned depiction of the safety fall zone, if required under Section
409.040(D)(3);
d. The location of existing structures on the site with dimensioned
setbacks from lot lines;
e. All existing structures, lot lines and roadways within one hundred
eighty-five (185) feet of the site;
f. The type and height of the proposed tower;
g. Proposed means of access; and
h. The location of existing trees, and other significant site features,
and any other proposed structures or improvements.
5. In the case of a new structure:
a. The applicant shall provide a statement documenting why co-location
cannot meet the applicant's requirements. Such statement may include
such technical information and other justifications as are necessary
to document the reason why co-location is not a viable option.
b. The applicant shall provide a map and list of all existing structures
within one (1) radial mile of the proposed site and narrative as to
why the existing structures were infeasible due to technical, physical,
or financial reasons. The applicant must specifically address why
the modification of such structures is not a viable option.
c. The applicant shall provide a statement that the proposed support
structure will be made available for co-location to other service
providers at commercially reasonable rates, except when the requirement
to accommodate additional telecommunications providers has been waived
by the City Council, Planning and Zoning Commission or Zoning Administrator.
d. A written statement from an RF engineer attesting that the construction
and placement of the proposed tower and telecommunications facilities
will not interfere with public safety communications and the usual
and customary transmission or reception of radio, television, cellular,
or other communications services enjoyed by adjacent residential and
non-residential properties with an acknowledgment by the applicant
that interference that does take place must be corrected.
e. An affidavit attesting to the fact that the applicant made diligent
efforts to obtain permission to install or collocate the proposed
telecommunications facility on existing towers or antenna support
structures located within a one (1) mile radius of the proposed tower
site, but due to physical, economic, or technological constraints,
no such existing tower or antenna support structure is available or
feasible.
f. An affidavit attesting to the fact that no suitable site 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.
g. A signed statement, with technical documentation, indicating that
the tower will accommodate co-location of additional antennas comparable
in size, weight, and surface area for future users and that it is
their intent to share space on the tower.
6. The applicant must demonstrate how the proposed site fits into its
overall telecommunications network within the City. This must include
a service area coverage chart for the proposed tower and telecommunications
facilities that depicts the extent of coverage and corresponding signal
quality at the proposed tower height.
7. Copies of any environmental documents required by any Federal, State,
or local agency, if available.
8. The City may require a qualified, independent third party review
(by a City-approved consultant) to validate and review the technical
information contained in the application submittals. The cost of such
review must be borne by the applicant.
[R.O. 2012 §409.070; Ord. No. 12-04-06, 4-16-2012]
A. The
following are exempt from the regulations of this Chapter to the extent
indicated:
1. Parabolic or other antennas, designed to receive radio or television
broadcast signals, regardless of zoning district.
2. Satellite antennae used solely for residential or household purposes.
3. Low-powered networked telecommunications facilities such as micro-cell
radio transceivers located on existing utility poles and light standards
within public right-of-way.
4. Send and receive citizen band radio antennas or antennas only operated
by federally licensed amateur radio operators.
5. Industrial, scientific and medical equipment using frequencies regulated
by the FCC.
6. Military, Federal, State or local government communication towers
used exclusively for navigational purposes, emergency preparedness,
and public safety purposes.