[Ord. No. 2924, 10-16-2017]
A.
Statement Of Purpose. The general purpose of this Article is to regulate
the placement, construction and modification of telecommunications
Towers, Support Structures, and Antennas 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 of Centralia. Specifically, this Article is
intended to:
1.
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of Centralia;
2.
Minimize adverse visual impacts of Wireless Communications Facilities
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
3.
Maximize the use of existing and Support Structures so as to minimize
the need to construct new or additional facilities;
4.
Facilitate the addition of the least visible new Support Structures
capable of achieving these objectives;
5.
Ensure that any new Support Structure is located in an area compatible
with the neighborhood or surrounding community to the extent possible;
and
6.
Ensure that regulation of Wireless Communications Facilities does
not have the effect of prohibiting the provision of personal wireless
services, and does not unreasonably discriminate among functionally
equivalent providers of such service.
B.
Applicability. Notwithstanding any ordinance to the contrary, the
procedures set forth in this Section shall be applicable to all Wireless
Communications Facilities existing or installed, built or modified
after the effective date of this Article to the fullest extent permitted
by law.
[Ord. No. 2924, 10-16-2017]
As used in this Article, the following terms shall have the
meanings and usages indicated:
Ground level shall be determined by the average elevation
of the natural ground level within a radius of fifty (50) feet from
the center location of measurement.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes, including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennas less than two (2) meters in diameter (mounted within twelve
(12) feet of the ground or building-mounted) and any receive-only
home television antennas.
A structure for the protection and security of communications
equipment associated with one (1) or more Antennas where direct access
to equipment is provided from the exterior and that has horizontal
dimensions that do not exceed four (4) feet by six (6) feet, and vertical
height that does not exceed six (6) feet.
The City Administrator of the City of Centralia or his/her
designee or official acting in such capacity.
Any free-standing, man-made structure designed for the support
of Antennas, the presence of which is camouflaged or concealed as
an appropriately placed and designed architectural or natural feature.
Depending on the location and type of disguise used, such concealment
may require placement underground of the utilities leading to the
structure. Such structures may include but are not limited to clock
towers, campaniles, observation towers, light standards, flag poles
and artificial trees. For purposes of this definition, a structure
"camouflaged or concealed as an appropriately-placed and designed
architectural or natural feature" shall meet the following additional
criteria: (1) it is consistent with and contributes to and does not
detract from the character and property values and use of the area
and neighborhood in which it is located, (2) it does not contain distorted
proportions, size, or other features not typically found on the type
of structure or feature to which it is designed to replicate, (3)
it cannot be identified as an Antenna Support Structure by persons
with reasonable sensibilities and knowledge, (4) its equipment, accessory
buildings, or other aspects or attachments relating to the Disguised
Support Structure are wholly concealed using a manner consistent with
and typically associated with the architectural or natural structure
or feature being replicated, and (5) it is of a height, design and
type that would ordinarily occur at the location and neighborhood
selected.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the average grade of
the base of the structure at ground level to its highest point and
including the main structure and all attachments thereto.
Any use authorized herein that exists in addition to the
principal use of the property.
Any addition, deletion or change, including the addition
or replacement of Antennas, or any change to a structure requiring
a building permit or other governmental approval.
A building for the protection and security of communications
equipment associated with one (1) or more Antennas and where access
to equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected Antennas is prohibited.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable);
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
A Tower or Disguised Support Structure.
A structure designed for the support of one (1) or more Antennas
and including guyed towers, self-supporting (lattice) towers, or monopoles,
but not Disguised Support Structures or buildings. The term shall
also not include any Support Structure that includes attachments of
sixty-five (65) feet or less in height owned and operated solely for
use by an amateur radio operator licensed by the Federal Communication
Commission.
Any Antenna, Cabinet, Shelter and Support Structure and associated
equipment.
[Ord. No. 2924, 10-16-2017]
A.
Applications for permitted, administrative, or conditional uses pursuant
to this Article shall be subject to the supplementary procedures in
this Article. Applications shall be submitted to the City as a complete
application on forms provided by the City. A "complete application"
shall be an application submitted on the forms provided by the City,
fully executed by the applicant, identifying the specific approval
sought, and containing all attachments, fees and information as required
thereon or by the City, consistent with this Article. Applications
shall be accompanied by a building permit application and other applicable
forms, and such application fees as may be established to reimburse
the City for its inspection and review costs.
B.
Co-Location Requests. A final decision on all applications to co-locate
wireless communication facilities on an existing Support Structure
shall be made no later than forty-five (45) days after receipt of
a complete application from an Applicant, unless extended by the City
for good cause or by consent of the Applicant.
C.
Other Applications; New Support Structures. A final decision on all
other applications under this Article, including but not limited to
applications for new Support Structures, shall be made no later than
one hundred twenty (120) days after receipt of a complete application
from an Applicant or within such additional time as may be mutually
agreed to by an Applicant and the City.
D.
Incomplete Applications. Within thirty (30) days after receipt of
an incomplete application, and within fifteen (15) days after the
receipt of an incomplete co-location application, the Director shall
provide notice to the Applicant stating that the application is incomplete
and generally identifying the code provisions or application requirements
not satisfied or information not provided that the Applicant must
satisfy for a complete application commencing the City's review
process. Nothing in this procedure shall alter the affirmative obligation
of each applicant to review the applicable code and satisfy all applicable
provisions as may apply to the applicant's specific submission.
[Ord. No. 2924, 10-16-2017]
A.
The requirements set forth in this Article shall be applicable to
all Wireless Communications Facilities within the City installed,
built or modified after the effective date of this Article to the
full extent permitted by law.
1.
Principal Or Incidental Use. Wireless Communications Facilities shall
be Conditional Use in all zoning districts, subject to any applicable
requirement relating to yard, height or setback. An incidental use
subject to a leasehold interest of a person other than the lot owner
may be approved for a Tower only if the leasehold area separately
meets all requirements for a separate subdivided lot, including dedicated
access, parking, and lot size, applicable to a primary use in the
district in which the use is proposed.
2.
Building Codes, Safety Standards And Zoning Compliance. Wireless
Communications Facilities shall be constructed and maintained in compliance
with all standards contained in applicable State and local building
codes. A certified engineer's structural report shall be required
with each application, unless waived upon application to the Director
stating why such report is unnecessary to the specific application
and a determination in the discretion of the Director approving such
statement. In addition to any other approvals required by this Article,
no Wireless Communication Facility or portion thereof shall be erected,
replaced, or expanded prior to receipt of a Certificate of Zoning
Compliance and the issuance of a Building Permit. For all sites located
within a Historic Preservation District, a Certificate of Appropriateness
shall also be required.
3.
Regulatory Compliance. All Wireless Communications Facilities shall
meet or exceed current standards and regulations of the FAA, FCC and
any other local, State or Federal agency with the authority to regulate
Wireless Communications Facilities, and including all required licenses,
permits and taxes applicable to such structure and/or modification.
Should such standards or regulations be amended, then the owner shall
bring such devices and structure into compliance with the revised
standards or regulations within the time period mandated by the controlling
agency. No approval for any placement, construction or modification
of any Wireless Communications Facilities permitted by this Article
shall be granted for any Applicant having an uncured violation of
this Article, any zoning regulation regarding the lot on which the
structure is proposed, or any other governmental regulatory, licensing,
or tax requirement applicable to such Antenna or structures within
the City.
4.
Security. All Wireless Communications Facilities shall be protected
from unauthorized access by appropriate security measures. A description
of proposed security measures shall be provided as part of any application
to install, build or modify Wireless Communications Facilities. Additional
measures may be required as a condition of the issuance of a Building
Permit or Administrative Permit as deemed necessary by the Director
or by the Board of Aldermen for a Conditional Use Permit.
5.
Lighting. Antennas and Support Structures shall not be lighted unless
required by the FAA or other State or Federal agency with authority
to regulate, in which case a description of the required lighting
scheme will be made a part of the application to install, build or
modify the Antennas or Support Structure. Lighting may also be approved
as a consistent component of a Disguised Support Structure. Equipment
Cabinets and Shelters may have lighting only as approved by the Director
or Board of Aldermen on the approved site plan.
6.
Advertising. Except for a Disguised Support Structure in the form
of an otherwise lawfully permitted sign, the placement of advertising
on Wireless Communications Facilities is prohibited other than identification
signage of not greater than one (1) square foot on ground equipment.
7.
Design.
a.
Color. Subject to the requirements of the FAA or any applicable State
or Federal agency, Towers and attachments shall be painted a neutral
color consistent with the natural or built environment of the site
or an alternative painting scheme approved by the Director, or Board
of Aldermen, consistent with the requirements of this Article. Unpainted
galvanized steel Support Structures are not permitted.
b.
Ground Equipment. Equipment Shelters or Cabinets shall have an exterior
finish compatible with the natural or built environment of the site
and shall also comply with any design guidelines as may be applicable
to the particular zoning district in which the facility is located.
All equipment shall be either placed underground, contained in a single
Shelter or Cabinet, or wholly concealed within a building, approved
walled compounds or another alternative method of concealment approved
by the Director or Board of Aldermen.
c.
Antenna Design. Antennas attached to a Disguised Support Structure
or Tower shall be contained within the Disguised Support Structure
or within or mounted flush on the surface of the Tower to which they
are mounted. Antennas attached to an existing building or structure
shall be of a color identical to the surface to which they are mounted.
All Antennas shall be designed to be disguised and maximally concealed
on or within the Support Structure. Exposed Antennas on "crows nest"
or other visible platforms or extensions are prohibited.
d.
Height. Support Structures shall be no taller than necessary and
shall not exceed the height limitation of any airport overlay zone
as may be adopted by the City or other regulatory agency. Support
Structures may exceed underlying zoning district height restrictions
for buildings and structures only where shown to be necessary, provided
that no reasonable alternative exists. District height restrictions
shall be considered by the City in determining the appropriateness
of the design and location of the application under the applicable
standards for approval.
e.
Monopole Design. All Towers shall be of a monopole design. Lattice,
guyed towers or other non-monopole Tower designs shall not be permitted.
f.
Compound Walls/Landscaping. All Towers shall be surrounded by a minimum
of six-foot high decorative wall constructed of brick, stone or comparable
masonry materials and a landscape strip of not less than ten (10)
feet in width and planted with materials, which will provide a visual
barrier to a minimum height of six (6) feet. The landscape strip shall
be exterior to any security wall. In lieu of the required wall and
landscape strip, an alternative means of screening may be approved
by the Director, or by the Board of Aldermen, upon demonstration by
the Applicant that an equivalent degree of visual screening will be
achieved. Landscaping or other improvements may be required for Disguised
Support Structures if needed to implement an approved disguise.
g.
Setbacks. All Support Structures, and related structures, fences
and walls shall be separated from the property line of any adjacent
property zoned for a residential use at least a distance equal to
the height of the Support Structure, and shall be separated from all
building setback lines by at least a distance equal to one-half (1/2)
of the height of the Support Structure.
h.
Storage. Vehicle or outdoor storage on any Support Structure site
is prohibited, unless otherwise permitted by the zoning.
i.
Parking. On-site parking for periodic maintenance and service shall
be provided at all Antenna or Support Structure locations consistent
with the underlying zoning district and the type of Antenna or Support
Structure approval granted.
8.
Shared Use.
a.
Existing Support Structures. Prior to the issuance of any permit
to alter or modify any Support Structure existing on the effective
date of this Article, the owner shall provide to the City a written
statement that the Applicant conducted an analysis of available co-location
opportunities on existing wireless towers within the same search ring
defined by the Applicant.
b.
Support Structure Inventories. Prior to the issuance of any permit
to install, build or modify any Support Structure, such Applicant
shall furnish the Director an inventory of: (1) all Support Structures
owned or controlled by such Applicant and by the proposed Antenna
user (if the proposed Antenna user is different from the Applicant),
and (2) all Towers owned by any person located within one and one-half
(1 1/2) miles of the proposed structure. The inventory shall include
the structure or Antenna reference name or number, the street location,
latitude and longitude, structure type, height, type and mounting
height of existing Antennas and an assessment of available ground
space for the placement of additional equipment shelters.
c.
Shared Use — New Support Structures. Any new Support Structure
approved at a height of sixty (60) feet AGL (Above Ground Level) or
higher shall be designed and constructed to accommodate at least one
(1) additional user. The Director may waive this requirement for Disguised
Support Structures if the Applicant submits a written request demonstrating
that compliance cannot be achieved without violating one (1) or more
of the definitional requirements of a Disguised Support Structure.
d.
Notice Of Support Structure Applications. Prior to any application
for the construction of a new Support Structure, a copy of the application
or a summary containing the height, design, location and type and
frequency of Antennas shall be delivered by certified mail to all
known potential Tower users within City, including but not limited
to all companies providing wireless internet and commercial mobile
radio services in the City, and such other potential users, if any,
if identified on a schedule maintained by the Director. Proof of such
delivery shall be documented by the Applicant with the application
to the City. The Director may establish a form required to be used
for such notifications and establish other procedures consistent with
and as may facilitate compliance with this Article. The Director shall,
before deciding on the application or forwarding it to the Planning
and Zoning Commission or Board of Aldermen for review, allow all persons
receiving notice at least fifteen (15) calendar days to respond to
the City and request to locate within one (1) mile of such area. The
failure of the receiving party to use this process or respond to any
such notice shall be considered cause for denying requests by such
party for new Support Structures.
[Ord. No. 2924, 10-16-2017]
A.
The placement of Wireless Communications Facilities is permitted
in all zoning districts only as follows:
1.
The attachment of additional or replacement complying Antennas or
equipment to any existing fully conforming Wireless Communications
Facility which does not require a Substantial Modification to the
height of the Structure or to the accompanying ground equipment provided
that all requirements of this Article and the underlying zoning ordinance
are met, including that such changes to ground equipment or height
are approved by the Director or Board of Aldermen.
2.
The mounting of Antennas on any existing and conforming building
or structure other than a Support Structure (such as a water tower),
provided that the presence of the Antennas and equipment is concealed
by architectural elements or fully camouflaged and concealed by painting
a color identical to the surface to which they are attached and further
provided that all requirements of this Article and the underlying
zoning ordinance are met.
3.
The mounting of Antennas on or within any existing high-voltage electric
transmission tower, but not exceeding the height of such tower by
more than ten (10) feet, provided that all requirements of this Article
and the underlying zoning ordinance are met, except minimum setbacks
provided in this Article shall not apply.
4.
The installation of Antennas or the construction of a Support Structure
on buildings or land owned by the City following the approval of a
lease agreement by the Board of Aldermen and subject to such specifications,
conditions and requirements as set forth in the lease.
[Ord. No. 2924, 10-16-2017]
A.
The placement of Wireless Communications Facilities is permitted
in all zoning districts by Administrative Permit approved by the Director
only as follows:
1.
The attachment of additional or replacement Antennas, equipment, Cabinets or Shelters to any non-conforming Support Structure existing on the effective date of this Article or subsequently approved in accordance with these regulations and not satisfying the requirements for such attachment pursuant to Section 31-70 as a permitted use as long as the Applicant provides documentation from which the Director has reasonably determined that the application will bring the Support Structure (including ground equipment and site) into conformance with this Article to the maximum extent feasible and further provided that the proposal does not cause a Substantial Modification to the height of the Support Structure or to the exterior equipment compound area. A "non-conforming Support Structure" shall be any Support Structure or associated site or equipment that does not comply with all of the requirements of this Article, including but not limited to the General Requirements herein and the requirements of the underlying zoning district.
2.
The one-time replacement of any Tower existing on the effective date
of this Article or subsequently approved in accordance with these
regulations so long as the purpose of the replacement is to accommodate
shared use of the site or to eliminate a safety hazard and the new
structure otherwise complies with this Article. The new Tower shall
be of the same type as the original except that a guyed or self-supporting
(lattice) tower shall be replaced by a monopole. The height of the
new monopole Tower may exceed that of the original to the extent the
additional height would not be considered a Substantial Modification
to the original tower. Subsequent replacements or replacements requiring
what would be a Substantial Modification to the existing tower shall
require the approval of a Conditional Use Permit.
3.
The construction of a Disguised Support Structure provided that all
related equipment shall be placed underground or concealed within
the structure or associated buildings consistent with the disguise
when the structure is located in any district other than a district
authorizing industrial uses as a permitted use. Equipment may be placed
in an appropriately concealed Cabinet if the Disguised Support Structure
is incidental to an industrial, commercial, institutional or other
non-residential use.
4.
The placement in any M-1 or B-2 zoning district, as defined by this
code, of camouflaged Antennas on wooden or steel functioning utility
poles not to exceed forty (40) feet in height and on any such poles
(or functional replacement poles of no greater height) existing in
any other district on the date of adoption of this Article. All related
equipment for Antennas permitted by this Subsection shall be located
outside of the rights-of-way in a concealed Cabinet or underground
and shall otherwise comply with requirements for accessory utility
facilities provided in this Code.
5.
Temporary Towers erected and maintained for a period not to exceed
sixty (60) days for the purpose of replacing an existing Tower, testing
an existing or proposed network, or special events requiring mobile
towers. The approval for such Tower shall be limited to the amount
of time necessary for its purpose and approval may be further conditioned
for public safety and other purposes of this Article.
B.
Application Procedures. Applications for Administrative Permits shall
be made on the appropriate forms to the Director and accompanied by
a deposit of one hundred dollars ($100.00), or such other deposit
amounts as may be established. In addition to the above fee, upon
request by the Director, an Applicant shall deposit with the City
such additional amounts reasonably necessary to reimburse the City
for actual and direct costs and fees for legal, engineering or other
contractual or other consultant services determined by the City to
be needed in review or action on the application. No application for
an Administrative Permit under this Section shall be deemed complete
until the Applicant has paid all fees and deposits required under
this Article. Any amount not used by the City shall be refunded to
the Applicant upon written request after a final decision. Applicant
shall submit along with its completed application form a:
1.
A detailed site plan, based on a closed boundary survey of the host
parcel, indicating all existing and proposed improvements including
buildings, drives, walkways, parking areas and other structures, public
rights-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features, and the coordinates and height AGL of the existing or proposed
Support Structure.
2.
The application shall be reviewed by the Director to determine compliance
with the above standards and transmit the application for review and
comment by other departments and public agencies as may be affected
by the proposed facility.
3.
In reviewing an application, the Director may require the Applicant
to provide additional information, including technical studies, and/or
may require Applicant to pay the cost of such studies if to be performed
by the City, if such studies are reasonably necessary to assess whether
the standards for approval are satisfied. An application shall not
be deemed complete until satisfaction of all application requirements
and submission of all requested information as provided herein.
4.
The Director shall issue a decision on the permit within the time provided in Section 31-68 or the application shall be deemed approved unless the time period for review and action is extended by writing of the Director or Board of Aldermen for reasonable cause. The Director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to effectuate the purposes of this Article. The Director may consider the purposes of this Article and the factors established herein for granting a Conditional Use Permit, as well as any other considerations consistent with the Article. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
C.
Appeals. Unless otherwise required by law, appeals from the decision
of the Director shall be made first to the Board of Aldermen in accordance
with the procedures for a contested case as defined in Chapter 536,
RSMo., within ten (10) days of any denial.
[Ord. No. 2924, 10-16-2017]
A.
All proposals to install, build or modify Wireless Communications Facilities not permitted by Section 31-70 (Permitted Uses) or Section 31-71 (Administrative Permit) shall require a recommendation of the Planning and Zoning Commission and approval of the conditional use permit by the Board of Aldermen, subject to the forthcoming limitations.
1.
Applications. Applications for conditional use permits shall be filed
on such forms required by the Director and processed subject to the
requirements of and in the manner and time frame as established for
conditional use permits in the Zoning Code and, in addition to such
other requirements, shall be accompanied by one hundred dollars ($100.00),
or such other deposit amount as may be established by the Board of
Aldermen. In addition, upon request by the Director, an Applicant
shall deposit with the City such additional amounts reasonably necessary
to reimburse the City for such actual and Direct costs and fees for
legal, engineering or other contractual or other consultant services
determined by the City to be needed in review or action on the application.
No application for a Conditional Use Permit under this Section shall
be deemed complete until the Applicant has paid all fees and deposits
required under this Article. Any amount not used by the City shall
be refunded to the Applicant upon written request after a final decision.
2.
Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of Wireless Communications Facilities pursuant to Section 31-70 (Permitted Uses) or Section 31-71 (Administrative Permits) of this Article is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.
Decision And Findings Required. A decision shall be accompanied by
substantial evidence supporting the decision, which shall be made
a part of the written record of the meeting at which a final decision
on the application is rendered. Evidence shall be under oath and may
be submitted with the application or thereafter, or presented during
the public hearing by the Applicant or others.
4.
Findings Required. In addition to the determinations or limitations
specified herein and by this Zoning Code for the consideration of
Conditional Use Permits, no Conditional Use Permit shall be approved
by the Board of Aldermen unless findings in the affirmative are made
that the following conditions exist:
a.
Applicant has conducted an analysis of available co-location opportunities
on existing wireless towers within the same search ring as defined
by the Applicant in its application.
b.
That the design of the Wireless Communications Facilities, including
ground layout, maximally reduces visual degradation and otherwise
complies with provisions and intent of this Article. New Towers shall
be of a monopole design.
c.
That the proposal minimizes the number and/or height size, and visibility
of Wireless Communications Facilities that will be required in the
area. Where alternate technology or design exists, or is reasonably
available that would satisfy the general need for the proposal, this
factor is ordinarily not satisfied.
d.
That the Applicant has not previously failed to request to locate
within one (1) mile of any existing structures after receiving notice
that such structure was being built in the same area of the new structure
defined by the Applicant in its application.
|
Provided, that if one (1), but not more than one (1), of the
previous five (a-d) conditions is not satisfied, approval may be granted
only on a finding of unique circumstances otherwise necessitating
approval to satisfy the purposes of this Article.
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B.
Additional Height Limitations. No Tower shall be approved at a height
exceeding one hundred fifty (150) feet AGL unless the applicant clearly
demonstrates that such height is required for the proper function
of the applicant's system or that of a public safety communications
system of a governmental entity sharing the Tower. Such showing must
also be supported by the opinion of a telecommunications consultant
or expert. The opinion of the consultant or expert shall include a
statement that no available alternatives exist to exceeding the height
limit including but not limited to the use of two (2) or more Support
Structures, and the reason why such alternatives are not viable.
C.
Historic Preservation. A Conditional Use Permit shall not be issued
for any Wireless Communications Facility that the Board of Aldermen
determines would create a significant negative visual impact or otherwise
have a significant negative impact on the historical character and
quality of any property within a Historic Preservation District or
such District as a whole.
[Ord. No. 2924, 10-16-2017]
Any upper portion of a Support Structure which is not occupied
by active Antennas for a period of twelve (12) months, and any entire
Support Structure which is not so occupied for a period of six (6)
months, shall be removed at the owner's expense. Removal of upper
portions of a Support Structure manufactured as a single unit shall
not be required. Failure to comply with this provision shall constitute
a nuisance that may be remedied by the City at the Support Structure
or property owner's expense. Any Applicant for a new Support
Structure not built as a disguised part of another existing or permitted
structure shall place a bond or other security with the City prior
to any final approval for the purpose of removing any Support Structure
as required herein and to compensate the City for performing proper
maintenance of such Support Structures to ensure such structures do
not become unsafe or otherwise fail to be maintained in compliance
with this Article.
[Ord. No. 2924, 10-16-2017]
Notwithstanding any right that may exist for a governmental
entity to operate or construct Wireless Communications Facilities,
it shall be unlawful for any person to erect or operate for any private
commercial purpose any Wireless Communications Facilities in violation
of any provision of this Article, regardless of whether such Wireless
Communications Facilities are located on land owned by a governmental
entity.
[Ord. No. 2924, 10-16-2017]
Except as may otherwise be provided by law, any person violating
this Article shall be subject to a fine of not more than two hundred
dollars ($200.00). Each day the violation continues shall constitute
a separate offense.
