[Ord. No. 16-554 § 2, 10-12-2015]
A. 
Tower Structures. Unless otherwise provided by law or variance, the following additional requirements shall apply to the construction, alteration or maintenance of towers:
1. 
Definition. For purposes of this Article, the term "tower" shall mean a permanent structure, having a total height in excess of fifty (50) feet measured from the ground and having one (1) or more legs designed for the support of one (1) or more signs, antennas, lights, wind turbines, solar arrays or other objects, but excluding buildings serving other purposes and meeting the building requirements for all purposes. The term "tower" shall not include existing electric utility poles installed by a provider holding a certificate of convenience from the Missouri PSC and installed consistent with industry practice and in conformance with all otherwise applicable Federal, State and local requirements.
2. 
Safety Fall Zone Required. All new towers and extensions or attachments thereto shall be separated by a safety fall zone from any public right-of-way, sidewalk or street, alley, parking area, playground, or building (except for parking and buildings dedicated solely for access to or maintenance of the tower), and from any property line, a distance equal to the height of the tower. Towers shall be reasonably designed to reduce the potential damage to persons or property from ice or equipment falling from the tower or from wind damage or structural failure.
3. 
Maintenance; Fencing. In addition to other applicable requirements, towers and any appurtenances shall be safely maintained and fenced or otherwise secured to prevent unauthorized access or climbing of the tower. Barbed, electrified or razor wire is prohibited. Tower legs shall be of monopole design without use of lattice or guy wire support and be engineered and designed with sufficient depth, counter-weight, and other mechanisms to address wind-loading and other failure risks under all reasonably anticipated conditions and circumstances.
4. 
Other Requirements. All requirements in Sections 405.170 through 405.200 shall apply to the construction, modification, and maintenance of each tower and are incorporated herein as building code requirements to the extent permitted by law.
5. 
Abandoned Towers. Any tower not operated for a period of six (6) months or more shall be deemed abandoned, and the Building Commissioner shall send notice of such determination and request for removal within a reasonable time not to exceed ninety (90) days. If a tower is abandoned, it shall be removed at the owner's expense. Failure to comply with this provision shall constitute a public nuisance and building code violation that may be remedied by the Village at the tower or property owner's expense. Any applicant for a new tower shall place a bond or other security with the Village prior to any final approval to ensure abandoned towers can be removed. The bond or security shall be in the form and amount approved by the Building Commissioner. The amount of the bond shall be determined by the Building Commissioner to satisfy the requirements hereof with regard to the specific tower to which it would apply based on the estimated total cost of removal of that tower.
B. 
Appeals. The procedures of Section 405.110 (Board of Adjustment) shall govern appeals by any aggrieved person of a final action of any Officer, employee, board, commission, or the Board of Trustees that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation.