[Ord. No. 440 §1, 5-21-2001]
That pursuant to Section 89.020, RSMo., for the purpose of promoting
health, safety, morals or the general welfare of the community, the
legislative body of all Cities, Town and Villages is hereby empowered
to regulate and restrict the height, number of stories and size of
structures, the percentage of lot that may be occupied, the size of
yard, courts and other open spaces, the density of population, the
preservation of features of historical significance, and the location
and use of buildings, structures and land for trade, industry, residence
or other purposes.
[Ord. No. 440 §2, 5-21-2001]
That radio, television or microwave towers and similar commercial
structures shall be conditional uses within areas zoned commercial
within the City limits of Foristell.
[Ord. No. 440 §3, 5-21-2001]
A. The
criteria to grant conditional uses shall include, but not be limited
to, the following:
1. Towers shall be no more than two hundred fifty (250) feet in height.
2. No two (2) towers shall be located within a one (1) square mile radius.
The distance shall be calculated from the center of the base of the
tower.
3. No tower shall be situated within five hundred (500) feet of any
residential structure. The minimum standard setback from all adjoining
property boundaries shall be equal to one (1) foot of setback for
each foot of tower height.
4. A determination has been made acceptable to the City that there are
no other suitable sites within one (1) mile radius of the proposed
tower site.
5. If a tower is constructed, it shall be three (3) times the capacity
of intended use in order that secondary users could lease the balance
of the tower capacity at a reasonable rate.
6. The design of the tower compound shall maximize use of building materials,
colors, textures, screening and landscaping and effectively blend
the tower facilities within the surrounding natural setting and built
environment.
[Ord. No. 440 §4, 5-21-2001]
Any tower that is no longer in use for its original communications
purposes shall be removed at the owner's expense. The owner shall
provide the City with a copy of the notice to the FCC of intent to
cease operations and shall be given ninety (90) days from the date
of ceasing operations to remove the obsolete tower and accessory structures.
In the case of multiple operators sharing use of single tower, this
provision shall not become effective until all users cease operations.
The equipment on the ground is not to be removed, however, until the
tower structure has first been dismantled and removed.