Chapter 430 Regulation of Placement of Wireless Facilities and Wireless Support Structures

Section 430.010 Wireless Facilities And Wireless Support Structures.

[R.O. 1997 § 430.010; Ord. No. 2417, 12-10-2018[1]]

Purposes. The general purpose of this Chapter is to regulate the placement, construction, collocation, replacement and modification of wireless support structures, wireless facilities and base stations 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 Wildwood. Specifically, this Chapter is intended to:

Provide for the appropriate location and development of wireless support structures and wireless facilities to serve the residents and businesses of the City of Wildwood;

Minimize adverse visual impacts of wireless support structures and wireless facilities through the careful design, siting, landscape screening and innovative camouflaging techniques;

Ensure that any new wireless support structures are located in an area compatible with the neighborhood or surrounding community to the extent possible; and

Ensure that regulation of wireless support structures, wireless facilities and base stations does not have the effect of prohibiting the provision of personal wireless services, does not unreasonably discriminate among functionally equivalent providers of such service and promotes the provision and availability of communication services within the City.

Applicability; Preemption. Notwithstanding any ordinance to the contrary, the procedures and regulations set forth in this Chapter shall be applicable to all wireless support structures, wireless facilities and base stations existing or installed, built, modified, collocated or replaced after the effective date of this Chapter to the fullest extent permitted by law. No provision of this Chapter shall apply to any circumstance in which such application shall be unlawful under superseding Federal or State law and, furthermore, if any portion of this Chapter is now or in the future superseded or preempted by Federal or State law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.

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Editor's Note: Former Chapter 430, Regulation of Placement of Communications Antennae And Support Structures, adopted 12-23-1996 by Ord. No. 306, was repealed 12-10-2018 by Ord. No. 2417.

Section 430.020 Legislative Findings.

[R.O. 1997 § 430.020; Ord. No. 2417, 12-10-2018]

On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunication services in the United States.

The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of personal wireless service facilities and to protect the health, safety and welfare of the public.

The City has been granted the authority to enact legislation to regulate the construction, placement, and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89 of the Revised Statutes of Missouri and additionally pursuant to its general and specific Police powers established by Statute authorizing the regulations herein to protect the public health, safety and welfare.

The Federal Communications Commission (FCC) has exclusive jurisdiction over:

The regulation of the environmental effects of radio frequency emissions from Telecommunications Facilities, and

The regulation of radio signal interference among users of the radio frequency spectrum.

On February 22, 2012, Congress enacted the Middle Class Tax Relief and Job Creation Act of 2012, P.L. No. 112-96. The Act prohibits the City from denying any eligible facilities request for a modification of an existing wireless support structure or base station that does not substantially change its physical dimensions.

The Missouri General Assembly passed, and the Governor signed on March 20, 2014, Senate Bill 650, reenacting the Uniform Wireless Communications Infrastructure Deployment Act, as amended by House Bill 1454, signed by the Governor on June 23, 2014. The purpose of the Act included ensuring that robust wireless radio-based communication services are available throughout the State, and the Act required a strict time frame in which applications must be processed by municipalities.

Consistent with the Telecommunications Act of 1996, and as amended in 2014, the regulations of this Chapter will not have the effect of prohibiting the provision of personal wireless services, and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and, consistent with the Middle Class Tax Relief and Job Creation Act of 2012 and the Uniform Wireless Communications Infrastructure Deployment Act, ensure opportunities for the siting of wireless support structures, the substantial modification of wireless support structures and eligible facilities requests not resulting in a substantial modification of an existing wireless tower or base station with prompt approval by the City. The ordinance does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.

The imposition of building and safety requirements under this Chapter is essential to ensure a level of structural safety and security to protect the public health, safety and welfare.

The uncontrolled proliferation of wireless support structures in the City of Wildwood is threatened without adoption of new regulations, and would diminish property values, the aesthetic quality of the City, and would otherwise threaten the health, safety and welfare of the public.

Section 430.030 Definitions.

[R.O. 1997 § 430.030; Ord. No. 2417, 12-10-2018]

As used in this Chapter, the following terms shall have the meanings and usages indicated herein:

ABANDONED WIRELESS SUPPORT STRUCTURES

Any wireless support structure:

Declared abandoned by the owner of such wireless support structure;

No longer in active use, physically disconnected from a portion of the operating facility or any other facility that is in use or in service, and no longer capable of being used for the same or similar purpose for which the wireless support structure was installed; or

No longer in active use and the owner of such wireless support structure and the owner of the real property upon which the wireless support structure is located fail to respond within thirty (30) days to a written notice sent by the Director.

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures.

AGL

Above Ground Level. 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.

ANTENNA

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, texts, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antenna less than two (2) meters in diameter [mounted within twelve (12) feet of the ground- or building-mounted] and any receive-only home television antenna.

APPLICATION

Any application for an administrative permit or conditional use permit, as required by this Chapter.

BASE STATION

A station at a fixed location authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics, and includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power supplies or other associated equipment. This term does not encompass any tower or any equipment associated with a tower.

CABINET

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.

CAMOUFLAGED

Any wireless support structure, and wireless facilities associated therewith, that is designed to blend into the surrounding environment. Examples include wireless support structures which are made to look like trees, light poles or flag poles.

COLLOCATION

The placement or installation of a new wireless facility on a wireless support structure, including electrical transmission towers, water towers, buildings and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes, or a base station.

DIRECTOR

The Director of Planning of the City or his/her designee.

DISGUISED SUPPORT STRUCTURE

Any freestanding, man-made structure designed for the support of antenna, 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, water towers, light standards, flag poles and artificial trees.

EFFECTIVE DATE

December 10, 2018.

ELECTRICAL TRANSMISSION TOWER

An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing structure or base station that involves:

Collocation, as defined herein;

Removal of wireless facilities; or

Replacement of wireless facilities.

EQUIPMENT COMPOUND

An area surrounding or near a wireless support structure within which are located wireless facilities.

EXISTING STRUCTURE

A wireless support structure or, where applicable, a base station, that exists at the time a request to place wireless facilities on structure is filed with the Director. The term shall not include a utility pole.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

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.

MOBILE STATION

A radio-communication station capable of being moved and which ordinarily does move.

MODIFICATION

Any addition, deletion, or change, including the addition or replacement of antenna, or any change to a structure requiring a building permit or other governmental approval.

PERSONAL WIRELESS SERVICES

Means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended.

REPLACEMENT

Includes constructing a new wireless support structure or base station of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing wireless support structure or base station in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.

SHELTER

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.

SUBSTANTIAL MODIFICATION

The mounting of a proposed wireless facility on a wireless support structure that has been reviewed and approved under the applicable zoning and siting process or under another State or local regulatory review process, or a wireless support structure that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, which, as applied to the wireless support structure as of its last zoning approval or, for changes in height, its last zoning approval before February 2, 2012:

Increases the existing vertical height of the wireless support structure by the greater of:

More than ten percent (10%); or

The height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet; or

Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, an appurtenance added to the body of the wireless support structure protrudes horizontally from the edge of the structure by the greater of:

More than twenty (20) feet; or

More than the width of the wireless support structure at the level of the appurtenance; or

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; or

The modification would defeat previously imposed requirements for camouflaging or concealment; or

The modification would not comply with conditions associated with the siting approval of the construction or modification of the wireless support structure, unless the modification would only be non-compliant in a manner that would not exceed the above thresholds for a substantial modification regarding height, width, etc.

TOWER

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 by an amateur radio operator licensed by the FCC.

UTILITY

Any person, corporation, county, municipality acting in its capacity as a utility, municipal utility board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, waste water, data, cable television, or telecommunications or internet protocol-related services.

UTILITY POLE

A structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to provide lighting.

WATER TOWER

A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

WIRELESS COMMUNICATIONS SERVICE

Includes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301, as may be amended.

WIRELESS FACILITY

The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.

WIRELESS SUPPORT STRUCTURE

A structure, such as a monopole, tower or building capable of supporting wireless facilities. This term includes any disguised support structure. This term does not encompass utility poles.

Section 430.040 New Wireless Support Structures, Substantial Modifications And Eligible Facilities Requests General Requirements And Standards.

[R.O. 1997 § 430.040; Ord. No. 2417, 12-10-2018]

New Wireless Support Structures And Substantial Modifications. The requirements set forth in this Subsection shall be applicable to the construction of any new wireless support structure and the substantial modification of any wireless support structure occurring after the effective date, to the fullest extent permitted by law.

Principal Or Incidental Use. Any wireless support structure or wireless facilities regulated by this Chapter may be either a principal use in all zoning districts or an incidental use to existing multiple-family, institutional or non-residential uses, subject to any applicable district requirement relating to yard or setback.

Building Codes, Safety Standards, And Zoning Compliance. To ensure the structural integrity of wireless support structures, the owner shall see that any wireless support structure regulated by this Chapter is maintained, constructed or substantially modified in compliance with all standards contained in applicable State and City building codes; the applicable standards published by the Electronic Industries Association; and all applicable provisions of the Code pertaining to land use, zoning and safety, including those set forth for the applicable zoning district; as amended from time to time. In addition to any other approvals required by this Section, no new wireless support structure shall be erected nor any wireless support structure substantially modified prior to receipt of a certificate of zoning authorization and the issuance of a building permit pursuant to Chapter 500 of this Code.

Regulatory Compliance. Any wireless support structure regulated by this Chapter shall meet or exceed current standards and regulations of the FAA, FCC and any other State or Federal agency with the authority to regulate the same, and including all applicable required licenses, permits and taxes. Should such standards or regulations be amended, then the owner shall bring such wireless support structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for the construction of any new wireless support structure or the substantial modification of any wireless support structure permitted by this Chapter shall be granted for any applicant having an uncured violation of this Chapter or any other governmental regulatory requirement related to the construction of any new wireless support structure or the substantial modification of any wireless support structure within the City.

Security. Any wireless support structure regulated by this Subsection 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 construct or substantially modify such wireless support structures. 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 Planning and Zoning Commission in the case of a conditional use permit.

Lighting. Any wireless support structure regulated by this Subsection 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 build or modify the wireless support structure. Lighting consistent with the design of a disguised support structure may be approved by the Director.

Advertising. Unless a disguised support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on wireless support structures regulated by this Subsection is prohibited.

Design.

Any disguised support structure regulated by this Subsection shall be consistent with and not detract from the character and use of the area in which it is located; shall 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; shall be unidentifiable as a wireless support structure by persons with reasonable sensibilities and knowledge; and shall be of a height, design and type that would ordinarily occur at the location selected. Wireless facilities associated with the disguised support structure shall be wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated.

Unless a disguised support structure, any wireless support structure regulated by this Subsection shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable State or Federal agency, be painted a neutral color consistent with the natural or built environment of the site. The Planning and Zoning Commission may approve a reasonable alternative painting scheme. Any wireless facility attached or mounted to any wireless support structure regulated by this Subsection shall be of a color identical to or closely compatible with the wireless support structure to which it is attached or mounted.

Any wireless support structure regulated by this Subsection, including any wireless facility attached or mounted to any wireless support structure regulated by this Subsection, shall not exceed the height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. The Planning and Zoning Commission, or the City Council if applicable, shall consider district height restrictions in determining whether the design and location are appropriate under the applicable standards of approval for an application. Unless the applicant clearly demonstrates that such height is required for the proper functioning of the system, no wireless support structure regulated by this Subsection, including any wireless facility attached or mounted to any wireless support structure regulated by this Subsection, shall exceed two hundred (200) feet AGL.

Any wireless support structure regulated by this Subsection shall be surrounded by a minimum 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 in the case of a permitted use or use permitted by administrative permit, or by the Planning and Zoning Commission in the case of a conditional use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.

Any wireless support structure regulated by this Subsection shall be separated from any off-site single- or two-family residential structure a distance equal to the height of the wireless support structure, including any wireless facility attached or mounted to the wireless support structure. Any wireless support structure regulated by this Subsection on parcels adjacent to residentially zoned property shall meet the setbacks of the applicable zoning district as are required for a principal structure along the adjoining property line(s). Where adjacent to non-residentially zoned property, any such wireless support structure shall maintain setbacks as are required for accessory structures.

Ground anchors of all guyed towers, if permitted, shall be located on the same parcel as the tower and meet the setbacks of the applicable zoning district.

Vehicle or outdoor storage on the site of any wireless support structure is prohibited, unless otherwise permitted by the zoning district.

On-site parking for periodic maintenance and service shall be provided at all wireless support structure locations consistent with the underlying zoning district.

Eligible Facilities Requests. The requirements set forth in this Subsection shall be applicable to any eligible facilities request for the modification of an existing wireless support structure or base station that is not a substantial modification of such wireless support structure or base station occurring after the effective date, to the fullest extent permitted by law.

Building Codes And Safety Standards. To ensure the structural integrity of any wireless support structure or base station regulated under this Subsection, the owner shall see that any modification of any wireless facility or base station is in compliance with all standards contained in applicable State and City building codes set forth in Chapter 500 of this Code, as amended, the applicable standards published by the Electronics Industries Association, and recognized industry standards for structural safety, capacity, reliability and engineering, as amended from time to time.

Section 430.050 Permitted Use.

[R.O. 1997 § 430.050; Ord. No. 2417, 12-10-2018]

Eligible facilities requests and the installation of any antenna or the construction of a wireless support structure on buildings or land owned by the City following the approval of a lease agreement by the City Council shall be permitted in all zoning districts.

Section 430.060 Authorization By Administrative Permit.

[R.O. 1997 § 430.060; Ord. No. 2417, 12-10-2018]

Authorization. The following are permitted by administrative permit approved by the Director:

Any eligible facilities request that is not a substantial modification pursuant to Section 430.040(B); and

The placement of dual polar panel antennas on wooden or steel utility poles not to exceed forty (40) feet in height provided that all related equipment is contained in a cabinet.

Application Content. Applications for administrative permits shall be filed in the office of the Director and accompanied by payment of the established fee, payable to the City to cover the costs of administrative expenses associated with the application. Any amount of the fee not used by the City shall be refunded to the applicant(s) upon written request after a final decision. Applications shall be submitted on forms prepared by the Director, and shall include the following:

A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;

A scaled map of such property, correlated with the legal description and clearly showing the property's location;

The names, addresses and telephone numbers of the applicant(s), all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Louis County Recorder of Deeds evidencing such ownership;

A copy of a lease, letter of authorization or other agreement from the property owner(s) evidencing the applicant's right to pursue the application;

Date of filing with the Director;

Signature(s) of the applicant(s) and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the applicant(s) are a trust or business entity, then proof of the party executing the application must be provided by way of resolution, minutes, bylaws, articles of incorporation or some other reasonable means;

A to scale visual description of the type of any wireless support structure, base station and wireless facility for which permission is sought by the applicant(s) and the eligible facilities request being made;

The present zoning of the property to be affected; and

All other information necessary to show compliance with the requirements of this Section and Section 430.040(B) of this Code.

Application Procedures. Within forty-five (45) calendar days of receiving a completed application for an administrative permit, the Director shall:

Review the application for completion and for its conformity with all applicable standards set forth in Section 430.040(B) of this Code.

For purposes of this Subsection, an application is deemed complete unless the Director notifies the applicant(s) in writing within fifteen (15) calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. This notice must clearly and specifically delineate all missing documents or information.

When the applicant(s) make a supplemental submission in response to such notice, the Director must notify the applicant(s) within ten (10) days if the supplemental submission did not provide the information identified in the original notice delineating missing information. Missing documents or information not delineated in the original notice of incompleteness may not be delineated in this subsequent notice.

Upon receipt of a timely written notice that an application is deficient, the applicant(s) may take fifteen (15) calendar days from receiving such notice to cure the specific deficiencies. If the applicant(s) cure the deficiencies within said period of fifteen (15) calendar days, the application shall be processed within forty-five (45) calendar days from the initial date the application was received. If the applicant(s) require a period of time beyond fifteen (15) calendar days to cure the specific deficiencies, the forty-five (45) calendar day deadline for the Director to review the application shall be extended by the same period of time.

The application shall be deemed approved if the City Engineer fails to act on an application within the applicable time frame under this Subsection.

Section 430.070 Conditional Use Permit Required.

[R.O. 1997 § 430.070; Ord. No. 2417, 12-10-2018]

Permit — Approval. All proposals to construct or substantially modify any wireless support structure not permitted by Section 430.050, Permitted Uses, or Section 430.060, Authorization By Administrative Permit, or not in compliance with the requirements of this Chapter, shall require the approval of a conditional use permit, subject to the following requirements, procedures and limitations.

Filing Of Applications And Fees.

An application for any conditional use permit to construct or substantially modify any wireless support structure pursuant to this Section and shall be filed in the office of the Director. Incomplete applications will not be reviewed.

Applications shall be accompanied by payment of the fee of five hundred dollars ($500.00) established in the fee schedule under Section 415.550 of this Code, payable to the City to cover the costs of advertising, notification and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.

Applications shall be submitted on forms prepared by the Director, and shall contain the following information:

A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;

A scaled map of such property, correlated with the legal description and clearly showing the property's location;

A copy of the lease, letter of authorization or other agreement from the property owner(s) evidencing the applicant's right to pursue the application;

Date of filing with the Director;

The present zoning, proposed change of zoning, if any, and proposed use of such property;

The names and mailing addresses of property owners within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property or properties to be affected;

A detailed site plan, based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements including buildings; drives; walkway; 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; hydrologic features; the coordinates of the existing or proposed wireless support structure, including any attached wireless facilities, and the coordinates resulting from any proposed modification thereto; and height AGL of any existing or proposed wireless support structure, including wireless facilities, and the height resulting from any proposed modifications thereto;

Photographs or other pictorial representations of the new wireless support structure, or the substantial modification of a wireless support structure, as viewed from neighboring properties to demonstrate if the wireless support structure is harmonious with the appearance and character of the neighborhood;

A landscape plan detailing the landscaping around the base of all wireless support structures, including related wireless facilities and equipment compounds;

A description of the type of wireless support structure for which a permit is being sought and, if a permit is being sought for a modification, a description of the modification proposed;

A preliminary development plan including the information required by Section 415.500(H)(1)(d) of this Code; and

All other information deemed necessary by the Director to show compliance with the applicable requirements of Section 430.040 of this Code.

Procedure.

Except as provided in this Section, the procedures for consideration of a conditional use permit pursuant to this Section shall be the same as set forth in Section 415.500 of this Code.

Notwithstanding the requirements of Section 415.500 of this Code to the contrary, any conditional use permit required under this Section shall be finally acted upon within one hundred twenty (120) calendar days of receiving a completed application for such conditional use permit, or within such additional time as may be provided for in this Subsection (C) or mutually agreed to by the applicant and the City.

For purposes of this Section, an application is deemed to be complete unless the Director notifies the applicant(s) in writing, within thirty (30) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete. This notice must specify the Code provision, ordinance, application instruction, or other publicly stated procedure that requires the information to be submitted.

Upon receipt of a timely written notice that an application is deficient, the applicant(s) must cure the specified deficiencies within thirty (30) calendar days from receipt of such notice.

After the applicant(s) makes a supplemental submission in response to this notice, the Planning and Zoning Commission must notify the applicant(s) within ten (10) calendar days if the supplemental submission did not provide the information identified in the original notice delineating missing information. Missing documents or information not delineated in the original notice of incompleteness may not be delineated in this subsequent notice. If the applicant(s) cured the deficiencies within thirty (30) calendar days from receipt of the initial notice of incompleteness, the application shall be reviewed and finally acted upon within one hundred twenty (120) calendar days from the initial date the application was received.

If the applicant(s) requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the 120-day deadline set forth herein shall be extended by the same period of time.

The application shall be deemed approved if not finally acted upon within the applicable time provided for in this Subsection.

Notwithstanding the provisions of Section 415.500 of this Code to the contrary, if the Planning and Zoning Commission fails to take action on an application within ninety (90) calendar days of submission of a completed application, the application shall be submitted to the City Council for public hearing and action pursuant to Section 415.500 with a recommendation from the Director.

Upon any final action being taken by the Planning and Zoning Commission or the City Council, consistent with Section 415.500 of this Code, the Director shall deliver, by registered mail, to the applicant(s) a written decision which shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law, but shall be delivered at the same time, and shall include a concise statement of the findings on which the Planning and Zoning Commission or the City Council based its decision. The decision shall be supported by substantial evidence in a written record and, if denied, must describe the specific reasons for denial.

When deciding whether to approve or deny a conditional use permit under this Section, the Planning and Zoning Commission and, if applicable, the City Council shall consider and make findings pertaining to the following:

Whether the proposed conditional use complies with each of the applicable requirements set forth in Section 430.040 of this Code;

Whether the proposed conditional use will contribute to and promote the general welfare, health, safety and convenience of the City's residents; and

Whether the denial of the conditional use permit will prohibit or have the effect of prohibiting the provision of personal wireless services.

The Planning and Zoning Commission or, if applicable, the City Council shall impose such conditions as it deems reasonably necessary. Such condition may include requirements for camouflaging if a determination is made that camouflaging is necessary to preserve the appearance and character of the properties surrounding the wireless support structure.

Additional Limitations. If the City has by order agreed to participate in a multimunicipality commission to coordinate new tower or structure applications, an application made pursuant to this Section shall also be submitted to such commission simultaneous with the filing of the request with the City. The Planning and Zoning Commission may consider any comments from such commission but shall not allow a delay in receiving such comments to significantly delay a decision on the conditional use permit.

Section 430.075 Variance For Wireless Support Structures.

[R.O. 1997 § 430.075; Ord. No. 2417, 12-10-2018]

A Request For A Variance.

Notwithstanding the provisions of Article II of Chapter 400 of this Code to the contrary, when an applicant requests some variation from the requirements of Chapter 415 or Chapter 430 of the Code of Ordinances of the City of Wildwood to construct a new wireless support structure or for a substantial modification of a wireless support structure, and where the strict application of Chapter 415 or Chapter 430 would involve undue hardship, the applicant may request a variance pursuant to this Section.

In reviewing a requested variance under this Section, the Board of Adjustment, may consider, but is not limited to, the following questions:

Does the hardship result from the strict application of the regulations of Chapter 415 or Chapter 430?

Is the hardship suffered by the property in question?

Is the hardship the result of the applicant's own action?

Is the requested variance in harmony with the general purpose and intent of the zoning regulations and does it preserve the spirit of the zoning regulations?

If the variance is granted, will the public safety and welfare be assured and will substantial justice be done?

If the variance is denied, will it prohibit or have the effect of prohibiting the provision of personal wireless services under 47 U.S.C. § 332(C)(7)(B)(i)(II)?

Application.

An application for a variance to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be filed with the Director. Incomplete applications will not be reviewed.

Applications shall be accompanied by payment of one thousand five hundred dollars ($1,500.00), payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.

Applications shall be submitted on forms prepared by the Director and shall contain the following information:

A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;

A scaled map of such property, correlated with the legal description and clearly showing the property's location;

A copy of the lease, letter of authorization or other agreement from the property owner(s) evidencing the applicant's right to pursue the application;

Date of filing with the Director;

The present zoning, proposed change of zoning, if any, and proposed use of such property;

The names and mailing addresses of property owners within an area determined by lines drawn parallel to and one thousand (1,000) feet distant from the boundaries of the property or properties to be affected;

A landscape plan detailing the landscaping around the base of all wireless support structures, including related wireless facilities and equipment compounds;

A description of the type of wireless support structure for which a permit is being sought and, if a permit is being sought for a modification, a description of the modification proposed;

The specific provisions of this Code for which the variance(s) are sought; and

All other information deemed necessary by the Director.

Application Review. Except as provided this Section; the Board of Adjustment shall proceed with the review of an application for variance under this Section consistent with the procedure set forth in Article II of Chapter 400 of this Code and Section 89.100, RSMo., as amended. The Board of Adjustment shall act upon any application for a variance within one hundred twenty (120) calendar days of receiving a completed application for a variance required under this Section, or within such additional time as may be mutually agreed to by the applicant(s) and the City:

For purposes of this Subsection, an application is deemed to be complete unless the Director notifies the applicant(s) in writing, within thirty (30) calendar days of submission of the application, of the specific deficiencies of the application which, if cured, would make the application complete. This notice must specify the Code provision, ordinance, application instruction, or other publicly stated procedure that requires the information to be submitted.

Upon receipt of a timely written notice that an application is deficient, the applicant(s) must cure the specified deficiencies within thirty (30) calendar days from receipt of such notice.

After the applicant(s) makes a supplemental submission in response to this notice, the Director must notify the applicant(s) within ten (10) calendar days if the supplemental submission did not provide the information identified in the original notice delineating missing information. Missing documents or information not delineated in the original notice of incompleteness may not be delineated in this subsequent notice.

If the applicant(s) cured the deficiencies within thirty (30) calendar days from receipt of the initial notice of incompleteness, the application shall be finally acted upon by the Board of Adjustment within one hundred twenty (120) calendar days from the initial date the application was received.

If the applicant(s) requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the 120-day deadline set forth herein shall be extended by the same period of time.

The application shall be deemed approved if not finally acted upon within the applicable time frame set forth in this Subsection, or as may be mutually agreed to by applicant(s) and the City.

Section 430.080 Abandoned Wireless Support Structures.

[R.O. 1997 § 430.080; Ord. No. 2417, 12-10-2018]

Abandoned wireless support structures are hereby declared a public nuisance, and are subject to abatement pursuant to Chapter 215 of this Code.

Section 430.090 Commercial Operation Of Unlawful Wireless Support Structure Or Wireless Facility.

[R.O. 1997 § 430.090; Ord. No. 2417, 12-10-2018]

Notwithstanding any right that may exist for a governmental entity to operate or construct a wireless support structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new wireless facility, wireless support structure or disguised support structure in violation of any provision of this Chapter, regardless of whether such wireless facility or disguised support structure is located on land owned by a governmental entity.

Section 430.100 Violations And Penalties.

[R.O. 1997 § 430.100; Ord. No. 2417, 12-10-2018]

Any person violating any provision of this Chapter shall be subject to the penalties set forth in Section 89.120, RSMo., as amended. Each day the violation continues shall constitute a separate offense.