[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.