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City of Seneca, MO
Newton County
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[Ord. No. 406.010-406.120, 7-13-2015]
The regulations set forth in this Chapter or set forth elsewhere in this title and referred to in this Chapter are the regulations of communications towers. The purpose of this Chapter is to provide an orderly system for the regulation of communications towers and related appurtenances and facilities.
[Ord. No. 406.010-406.120, 7-13-2015]
A. 
For the purposes of this Chapter, certain terms and words are defined as follows:
ALTERNATIVE STRUCTURE
A structure that is not primarily constructed for the purpose of holding antennas, but on which one (1) or more antennas may be mounted. Alternative structures include, but are not limited to, buildings, water tanks, pole signs, billboards, church steeples and electric power transmission towers.
AMATEUR RADIO TOWER
Any tower used for amateur radio transmissions consistent with the complete FCC United States amateur Part 97 rules and regulations for amateur radio towers.
ANTENNA
Any exterior transmitting or receiving device which radiates or captures electromagnetic waves.
COMMUNICATIONS TOWER (TOWER)
Any structure that is designed and built for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common-carrier towers and cellular telephone towers.
REPLACEMENT TOWER
A new communications tower or part of a communications tower intended to replace an existing tower meeting the requirements of this Chapter.
STRUCTURE
Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground, including advertising signs.
TOWER BASE
The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower.
TOWER HEIGHT
The vertical distance measured from the tower base to the highest point of the tower, including any antenna, lighting, or other equipment affixed thereto, unless the tower is freestanding, and in that event the tower height shall be measured from the ground.
TOWER SITE
The land area that contains, or will contain, a proposed tower, support structures, and other related buildings and improvements.
B. 
Words used in the present tense shall include the future tense, the singular number shall include the plural and the plural the singular, and the word "shall" is mandatory and not directory.
[Ord. No. 406.010-406.120, 7-13-2015]
A. 
Communications towers shall be allowed in all industrial districts ("I-1" Restricted Light Industrial District and "I-2" Heavy Industrial District), and a building permit shall be issued therefor, provided the following special conditions are met:
1. 
If the proposed tower is located within one-half (1/2) mile of an existing tower(s), evidence must be submitted demonstrating conclusively that the existing tower(s) is not suitable or available for co-use.
2. 
The tower shall be designed to accommodate the co-use of at least two (2) other providers and made available to other providers for co-use for reasonable terms. A notarized statement shall be provided as to the ability of the tower for co-use.
3. 
The design of the tower and tower site shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment, and an adequate easement for ingress and egress from the tower site to a public street shall be provided.
4. 
Any exterior tower shall be set back from the right-of-way line of any public street at least a distance equal to the height of the tower.
5. 
The tower shall be set back from the nearest zoning district boundary of any district not zoned industrial ("I-1" Restricted Light Industrial District and "I-2" Heavy Industrial District) at least a distance equal to the height of the tower, unless all property owners within an area with a radius equal to the height of the tower consent to the location.
6. 
The tower and antennas shall meet all Federal regulations, including, but not limited to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements.
7. 
Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the City with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the City may cause the tower to be removed and issue a special assessment tax bill for the cost of such removal, which shall be a lien against the real property affected.
8. 
All tower designs shall be certified under seal of an engineer licensed in the State of Missouri, and all towers will be designed and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
A. 
Communications towers shall be allowed in a "C-2" General Commercial District on or in an alternative structure, and a building permit shall be issued therefor, provided that the following special conditions are met:
1. 
If the proposed tower is located within one (1) mile of an existing tower(s), evidence must be submitted demonstrating conclusively that the existing tower(s) is not suitable or available for co-use.
2. 
The tower shall be designed to accommodate the co-use of at least two (2) other providers and made available to other providers for co-use for reasonable terms. A notarized statement shall be provided as to the ability of the tower for co-use.
3. 
All antennas shall be constructed in or upon an existing alternative structure. Any towers or antennas located on structures shall not extend more than thirty (30) feet above the highest point of the structure.
4. 
Any exterior tower shall be set back from the right-of-way line of any public street at least a distance equal to the height of the tower.
5. 
Any exterior tower shall be set back from the property boundary of all adjacent property at least a distance equal to the height of the tower, unless all property owners within an area with a radius equal to the height of the tower consent to the location.
6. 
The tower and antennas shall meet all Federal regulations, including, but not limited to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements.
7. 
Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the City with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the City may cause the tower to be removed and issue a special assessment tax bill for the cost of such removal, which shall be a lien against the real property affected.
8. 
All tower designs shall be certified under seal of an engineer licensed in the State of Missouri, and all towers will be designed and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
A. 
Communications towers may be allowed in a "C-2" General Commercial District by special use permit issued under the procedures set forth in the Code of Ordinances of the City, provided that:
1. 
An engineering report is certified under seal of an engineer licensed in the State of Missouri showing that a significant portion of the City is not served by a telecommunications signal, and that tower will provide such service.
2. 
If the proposed tower is located within two (2) miles of an existing tower(s), evidence must be submitted demonstrating conclusively that the existing tower(s) is not suitable or available for co-use.
3. 
The tower shall be designed to accommodate the co-use of at least two (2) other providers and made available to other providers for co-use for reasonable terms. A notarized statement shall be provided as to the ability of the tower for co-use.
4. 
The design of the tower and tower site shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment, and an adequate easement for ingress and egress from the tower site to a public street shall be provided.
5. 
The tower shall be set back from the right-of-way line of any public street at least a distance equal to the height of the tower.
6. 
The tower shall be set back from the property boundary of all adjacent property at least a distance equal to the height of the tower unless all property owners within an area with a radius equal to the height of the tower consent to the location.
7. 
The tower and antennas shall meet all Federal regulations, including, but not limited to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements.
8. 
Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the City with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the City may cause the tower to be removed and issue a special assessment tax bill for the cost of such removal, which shall be a lieu against the real property affected.
9. 
All tower designs shall be certified under seal of an engineer licensed in the State of Missouri, and all towers will be designed and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
A. 
Communications towers may be allowed in any commercial district ("C-1" Neighborhood Commercial District and "C-3" Planned Shopping Center) on or in an alternative structure by special use permit issued under the procedures set forth in the Code of Ordinances of the City, provided that:
1. 
An engineering report is certified under seal of an engineer licensed in the State of Missouri showing that a significant portion of the City is not served by a telecommunications signal, and that tower will provide such service.
2. 
If the proposed tower is located within two (2) miles of an existing tower(s), evidence must be submitted demonstrating conclusively that the existing tower(s) is not suitable or available for co-use.
3. 
The tower shall be designed to accommodate the co-use of at least two (2) other providers and made available to other providers for co-use for reasonable terms. A notarized statement shall be provided as to the ability of the tower for co-use.
4. 
All antennas shall be constructed in or upon an existing alternative structure. Any towers or antennas located on structures shall not extend more than thirty (30) feet above the highest point of the structure.
5. 
Any exterior tower shall be set back from the right-of-way line of any public street at least a distance equal to the height of the tower.
6. 
Any exterior tower shall be set back from the property boundary of all adjacent property at least a distance equal to the height of the tower, unless all property owners within an area with a radius equal to the height of the tower consent to the location.
7. 
The tower and antennas shall meet all Federal regulations, including, but not limited to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements.
8. 
Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the City with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the City may cause the tower to be removed and issue a special assessment tax bill for the cost of such removal, which shall be a lien against the real property affected.
9. 
All tower designs shall be certified under seal of an engineer licensed in the State of Missouri, and all towers will be designed and constructed in accordance with current standards for steel towers.
[Ord. No. 406.010-406.120, 7-13-2015]
No communications towers shall be allowed in residential districts or any other district not specifically mentioned in this Chapter within the City.
[Ord. No. 406.010-406.120, 7-13-2015]
All communications towers not attached to an alternative structure or with the tower base on the ground shall be enclosed by security fencing at least eight (8) feet in height, and such enclosed area shall be locked against entry by unauthorized personnel.
[Ord. No. 406.010-406.120, 7-13-2015]
The owner of any communications tower shall submit to the City, prior to December 31 of each year, proof that the tower is still in use and still licensed by the Federal Communications Commission (FCC).
[Ord. No. 406.010-406.120, 7-13-2015]
This Chapter shall not govern any amateur radio tower used by one (1) individual, not for commercial purposes.
[Ord. No. 406.010-406.120, 7-13-2015]
This Chapter shall not govern towers existing prior to January 1, 2015. Any replacement tower erected after January 1, 2015, shall be governed by this Chapter.
[Ord. No. 406.010-406.120, 7-13-2015]
All construction, modification, or repair of communications towers and tower sites shall comply with all City codes in effect at the time of construction, modification, or repair.