[Ord. No. 99-04-01 § 1, 4-8-1999]
A. The general purpose of this Article is to regulate
the placement, construction, and modification of towers and telecommunications
facilities 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.
B. Specifically, the purposes of this Article are:
1.
To regulate the location of towers and telecommunications
facilities in the City;
2.
To protect residential areas and land uses from
potential adverse impact of towers and telecommunications facilities;
3.
To minimize adverse visual impact of towers
and telecommunications facilities through careful design, siting,
landscaping, and innovative camouflaging techniques;
4.
To promote and encourage shared use/co-location
of towers and antenna support structures as a primary option rather
than construction of additional single-use towers;
5.
To avoid potential damage to property caused
by towers and telecommunications facilities by ensuring that such
structures are soundly and carefully designed, constructed, modified,
maintained, and removed when no longer used or determined to be structurally
unsound;
6.
To ensure that towers and telecommunications
facilities are compatible with surrounding land uses;
7.
To facilitate the provision of wireless telecommunications
services to the residents and businesses of the City in an orderly
fashion; and
8.
To encourage the location of towers in industrial
and business districts, rather than residential areas.
[Ord. No. 99-04-01 § 2, 4-8-1999]
The following words, terms, and phrases, when
used in this Article, shall have the meanings ascribed to them in
this Section, except where the context clearly indicates a different
meaning:
ANTENNA SUPPORT STRUCTURE
Any building or other structure sixty (60) feet in height
or taller, other than a tower which can be used for location of telecommunications
facilities.
APPLICANT
Any person who applies for a tower development permit.
APPLICATION
The process by which the owner of a plot of land within the
City submits a request to develop, construct, build, modify, or erect
a tower upon such land. "Application" includes all written documentation,
verbal statements, and representation, in whatever form or forum,
made by an applicant to the City concerning such a request.
CITY
The City of Salisbury, Missouri.
EXISTING TOWER
A tower that is in existence or is being constructed on the
effective date of this Article.
OWNER
Any person with fee simple title to any legal lot of record
within the City who desires to develop, construct, build, modify or
erect, or allow the development, construction, building, modification
or erection of a tower upon such land.
PERSON
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for-profit
or not-for-profit.
SATELLITE EARTH STATION ANTENNA
All equipment necessary for the processing of traffic received
from terrestrial distributions prior to transmission via satellite
and of traffic received from the satellite prior to transfer of channels
of communication to terrestrial distribution systems.
STATE
The State of Missouri.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities associated with the transmission or
reception of communications (other than radio or television broadcast
communications) which a person seeks to locate or have installed upon
or near a tower or antenna support structure. However, the term "telecommunications
facilities" shall not include:
1.
Any satellite earth station antenna two (2)
meters in diameter or less which is located in an area zoned industrial
or commercial; or
2.
Any satellite earth station reception antenna
one (1) meter or less in diameter, regardless of zoning category.
TOWER
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.
[Ord. No. 99-04-01 § 3, 4-8-1999]
A. A tower shall be a permitted use of land in all non-residential zoned areas subject to the setback and height restrictions contained in Sections
405.700 and
405.710. Further, no person shall build, erect, or construct a tower upon any land used or zoned for residential purposes unless a conditional use permit shall have been issued by the Board of Aldermen of the City. Application shall be made to the City Planner.
B. The City may authorize the use of City property in
appropriately zoned districts in accordance with the procedures of
the City Charter and Code. The City shall have no obligation whatsoever
to use City property for such purposes.
C. No new tower shall be built, constructed, or erected
in the City unless such tower is capable of supporting another person's
operating telecommunications facilities comparable in weight, size,
and surface area to the telecommunications facilities installed on
the applicant's tower.
D. An application to develop a tower shall include:
1.
The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner and the name, address, telephone number of the owner shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provisions in Section
405.810 of this Article regarding abandonment;
2.
The legal description, City parcel number, and
address of the parcel of land upon which the tower is situated;
3.
Written, technical evidence from a structural engineer that the proposed structure meets the standards set forth in this Code, including, but not limited to, the requirements set forth in Sections
405.700 and
405.780 of this Article;
4.
A written opinion from a radio frequency engineer
that the proposed site of the tower or telecommunications facilities
does not pose a risk of explosion, fire, or other danger due to its
proximity to volatile, flammable, explosive, or hazardous materials,
such as LP gas, propane, gasoline, natural gas, or corrosive or other
dangerous chemicals;
5.
A map of the City and the first half (1/2) mile
of all bordering communities showing the design of the applicant's
entire existing or proposed wireless telecommunications network. Such
map shall, at minimum, indicate the exact location of all proposed
or existing tower and antenna sites, their dimensions, specifications,
and signal area coverage;
6.
Color photo simulations showing the proposed
site of the tower with a photorealistic representation of the proposed
tower as it would appear viewed from the closest residential property
and from adjacent roadways, as determined by the City Planner. The
photo simulations shall be taken at five (5) to six (6) feet above
the ground at locations most visible to residents and the general
public;
7.
The results of any drive test data or other
computerized signal area coverage studies conducted by the applicant
within the City, including a non-technical description of the results
of the studies and implications for tower siting in the City;
8.
An application fee that represents the building
permit fee and conditional use permit fee, as otherwise required.
The City reserves the right to employ an outside consultant to review
any application. The applicant shall reimburse the City for the expense
related to such review as an additional application fee; which fees
shall not exceed two thousand five hundred dollars ($2,500.00) per
application;
9.
A site plan, including a description of the
lot lines, setbacks, location and use of adjacent structures, proposed
location of the tower, distances between telecommunications facilities,
proposed tower height, landscaping, screening, access, parking, and
security; and
10.
Any one of the following or a combination thereof:
a.
Written documentation that the applicant made
diligent but unsuccessful efforts for permission to install or co-locate
the applicant's telecommunications facilities on City-owned towers
or usable antenna support structures located within one-half-mile
radius of the proposed tower site; or
b.
Written documentation that the applicant made
diligent but unsuccessful efforts to install or co-locate the applicant's
telecommunications facilities on towers or usable antenna support
structures owned by other persons located within a one-half-mile radius
of the proposed tower site; or
c.
Written, technical evidence from a radio frequency
engineer that the proposed tower or telecommunications facilities
cannot be installed or co-located on another person's tower or usable
antenna support structure located within one-half-mile radius of the
proposed tower site and must be located at the proposed site in order
to meet the coverage requirements of the applicant's wireless communications
system.
11.
All information submitted with an application
that is trade secret information or is for other reasons proprietary
shall be clearly marked as such when submitted with an application.
The City shall not disclose publicly, or to any third party, proprietary
information unless compelled to do so by Federal, State or local law.
[Ord. No. 99-04-01 § 4, 4-8-1999]
A. In order to ensure that the City's public safety radio
services will be free from harmful or destructive interference, all
applicants requesting a permit to site a tower or telecommunications
facilities must:
1.
Demonstrate compliance with nationally accepted
engineering practices;
2.
Demonstrate that the telecommunications facilities
will not induce harmful or destructive interference to the City's
public safety radio services;
3.
Comply with FCC regulations at 47 CFR Parts
15 and 90 regarding susceptibility to radio frequency interference,
frequency coordination requirements, general technical standards for
power, antenna, bandwidth limitations, frequency stability, transmitter
measurements, operating requirements, and any and all other Federal
Statutory and regulatory requirements relating to radio frequency
interference (RFI); and
4.
In the case of co-location of telecommunications
facilities either in the same location or on the same tower as the
City's, comply with FCC emissions requirements and not radiate any
RFI or any electromagnetic interference (EMI) that may interfere with
the City's public safety radio services.
[Ord. No. 99-04-01 § 5, 4-8-1999]
A. All towers in or adjacent to residential areas shall
be set back on all sides adjoining a parcel used for residential purposes
a distance equal to the height of the tower.
B. Setback requirements for towers shall be measured
from the base of the tower to the property line of the parcel on which
it is located.
C. The minimum tower separation distance shall be calculated
and applied irrespective of City and County jurisdictional boundaries.
D. Every tower shall be designed to fall within the boundaries
of the parcel on which the tower is located.
[Ord. No. 99-04-01 § 6, 4-8-1999]
A. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of fifty (50) meters. Towers may be permitted in excess of fifty (50) meters in accordance with Section
405.800 of this Article, Special Exceptions.
B. The tower height shall be measured from the lowest
adjoining grade to the highest point of construction and any attachment
thereto.
[Ord. No. 99-04-01 § 7, 4-8-1999]
Towers shall not be artificially illuminated
except as required by the Federal Aviation Administration (FAA). Upon
commencement of construction of a tower, in cases where there are
residential uses located within a distance of three hundred (300)
feet from the tower and when required by Federal law, dual mode lighting
shall be requested from the FAA. A tower with dual mode lighting shall
have, at the top of the tower, lights that shine red in the evening
and night time and that strobe in the daytime.
[Ord. No. 99-04-01 § 8, 4-8-1999]
All landscaping on parcels containing towers,
antenna support structures, or telecommunications facilities shall
be designed to screen the tower, antenna support structure, and telecommunications
facilities to a height of at least six (6) feet from grade and shall
comply with all landscaping requirements in the zoning district where
the towers, antenna support structures, or telecommunications facilities
are located. If no landscaping is required, the tower shall be screened
by a sight-obscuring fence.
[Ord. No. 99-04-01 § 9, 4-8-1999]
All towers must be reasonably posted and secured
to protect against trespass.
[Ord. No. 99-04-01 § 10, 4-8-1999]
A. All towers shall be designed and certified by a structural
engineer to be structurally sound and in conformance with the requirements
of the City's adopted building and electric codes and all other construction
standards set forth by this Article and other City Code Sections, as well as Federal and State law. This certification shall be required prior to the issuance of any building permit(s). For new monopole towers, such certification shall be submitted with an application pursuant to Section
405.680 and every five (5) years thereafter; for existing monopole towers, such certification shall be submitted within sixty (60) days of the effective date of this Article and then every five (5) years thereafter; for new lattice or guyed towers, such certification shall be submitted with an application pursuant to Section
405.680 and every two (2) years thereafter; and for existing lattice or guyed towers, certification shall be submitted within sixty (60) days of the effective date of this Article and then every two (2) years thereafter. The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
B. The City and its agents shall have authority to enter
onto the property upon which a tower is located, between the inspections
and certifications required above, to inspect the tower for the purpose
of determining whether it complies with the City's building and electric
codes, the National Electrical Safety Code and all other construction
standards provided by the City's Code and Federal and State law.
C. The City reserves the right to conduct such inspections
at any time upon reasonable notice to the tower owner. All expenses
related to such inspections by the City shall be borne by the tower
owner.
[Ord. No. 99-04-01 § 11, 4-8-1999]
A. Tower owners 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.
B. Tower owners shall install and maintain towers, telecommunications
facilities, wires, cables, fixtures, and other equipment in substantial
compliance with the requirements of the National Electrical Safety
Code and all FCC, State, and local regulations, and in such manner
that will not interfere with the use of other property.
C. All towers, telecommunications facilities, and antenna
support structures 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.
D. All maintenance or construction on towers, telecommunications
facilities, or antenna support structures shall be performed by licensed
maintenance and construction personnel.
E. All towers shall maintain compliance with current
radio frequency emission standards of the FCC. In order to provide
information to its citizens, copies of ongoing FCC information concerning
wireless communications facilities and radio frequency emission standards
shall be made available to the City and updated annually. Applicants
shall be required to provide information on the projected power density
of the facility and how this meets FCC standards.
F. In the event the use of a tower is discontinued by the tower owner, or in the event a tower owner files notice to the FCC of its interest to cease operating, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. The tower owner shall also post a bond or other acceptable financial security as required in Section
405.810.
[Ord. No. 99-04-01 § 12, 4-8-1999]
All towers and telecommunications facilities
shall be designed to blend into the surrounding environment.
[Ord. No. 99-04-01 § 13, 4-8-1999]
A. Any telecommunications facilities which are not attached
to a tower may be permitted as an accessory use to any antenna support
structure at least thirty (30) feet tall, regardless of the zoning
restrictions applicable to the zoning district where the structure
is located. Telecommunications facilities are prohibited on all other
structures.
B. Any telecommunications facilities and their appurtenances
located upon the roof of an antenna support structure are set back
a distance at least equal to the height of the telecommunications
facilities from the edge of the roof of the antenna support structure.
However, this setback requirement shall not apply to telecommunications
facilities and their appurtenances located above the roof of an antenna
support structure if such facilities are appropriately screened from
view through the use of panels, walls, fences, or other screening
techniques approved by the City. Setback requirements shall not apply
to stealth antennas which are mounted to the exterior of antenna support
structures below the roof but which do not protrude more than twelve
(12) inches from the side of such antenna support structure.
C. The owner of such structure shall, by written certification to the Chief Building Official, verify that the combined height of the telecommunications facilities and antenna support structure, as measured from the highest adjoining finishes grade of the antenna support structure, shall not exceed the maximum allowable height required by the zone district in which the telecommunications facilities and antenna support structure is located. The telecommunications facilities shall not exceed the height of the highest point of construction of the antenna support structure unless it complies with Subsection
(B) of this Section. The owner shall also certify that the tower, telecommunications facilities and antenna support structure meet all of the requirements of the City of Salisbury Code.
[Ord. No. 99-04-01 § 14, 4-8-1999]
A. An existing tower may be modified or demolished and
rebuilt to accommodate co-location of additional telecommunications
facilities as follows:
1.
Application for a permit shall be made to the
Chief Building Official who shall have the authority to issue a permit
without further approval by the Board of Aldermen.
2.
The total height of the modified tower and telecommunications
facilities attached thereto shall not exceed the maximum height for
towers allowed under this Article.
3.
A tower which is being rebuilt to accommodate
the co-location of additional telecommunications facilities may be
relocated on the same parcel, subject to the setback requirements
of this Article. However, if it is impossible for the tower to be
rebuilt in compliance with the setback requirements of this Article,
such setback requirements shall be waived to allow the tower to be
rebuilt in its exact previous location.
[Ord. No. 99-04-01 § 15, 4-8-1999]
A. A special exception permit may be granted by the Board
of Adjustment in accordance with the procedures for the following
requirements:
2.
Height restrictions as required in Section
405.710;
3.
Stealth design as required in Section
405.770; and
4.
Telecommunications facilities on antenna support structures as required in Section
405.780.
B. Determination Required.
1.
The Board of Adjustment, in considering special
exception requests, may grant a special exception if a person, upon
application to the City, demonstrates with written evidence 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
b.
The site plan development modification will
not create any threat to the public health, safety, or welfare.
2.
In addition to the requirements of Subsection
(A) of this Section, in the following cases, the applicant must also demonstrate with written evidence the following:
a.
In the case of a requested modification to the setback requirements, that the area of the parcel of land upon which the tower is proposed to be located makes compliance with Section
405.700 of this Article impossible, and the only alternative for the person is to locate the tower at another site which poses greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land; or
b.
In the case of a request for modification of
the height limit in a zoning district for towers and telecommunications
facilities, that the modification is necessary to facilitate co-location
of telecommunications facilities in order to avoid construction of
a new tower; or meet the coverage requirements of the applicant's
wireless communications system, which requirements must be documented
with written, technical evidence from a radio frequency engineer.
[Ord. No. 99-04-01 § 16, 4-8-1999]
A. If any tower shall cease to be used for a period of
three hundred sixty-five (365) consecutive days, the City shall notify
the owner, with a copy to the applicant, that such site has been deemed
abandoned.
B. To secure the obligation set forth in Section
405.680, the applicant or owner shall post a bond in an amount to be determined by the Chief Building Official or the City Planner based on the anticipated cost of removal of the tower or twenty percent (20%) of the construction cost of the tower. Said bond shall be retained for a period of one (1) year, at which time the City shall remove the tower and retain the bond to cover the cost of removal.