[Ord. No. 513, 8-11-2021]
A.
The general purpose of this Chapter is to regulate the placement,
construction, and modification of telecommunications Wireless Communications
Facilities 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 Kimberling City. Specifically, this Chapter 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 Kimberling City;
2.
Minimize adverse visual impacts of Wireless Communications
Facilities through careful design, siting, landscape screening, and
innovative camouflaging techniques that provide predictability for
nearby property owners and others that future uses will not materially
alter such approved aesthetic protections without zoning hearing procedures
and input from interested parties when not prohibited by applicable
law;
3.
Ensure that any new Wireless Communications Facilities
are in an area compatible with the neighborhood or surrounding community
to the extent possible; and
4.
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 and promotes
the provision and availability of communication services within the
City.
[Ord. No. 513, 8-11-2021]
Notwithstanding any ordinance to the contrary, the procedures
and regulation set forth in this Chapter shall be applicable to all
Wireless Communications Facilities existing or installed, built, or
modified 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 Section, Subsection,
sentence, clause, phrase, or portion of this Chapter is now or in
the future is superseded or preempted by State or Federal law or found
by a court of competent jurisdiction to be unauthorized, such provision
shall be automatically interpreted and applied as required by law.
[Ord. No. 513, 8-11-2021]
As used in this Chapter, the following terms shall have the
meanings and usages identified in Subsection 405.122.
[Ord. No. 513, 8-11-2021]
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.
The Person designated by the City Administrator to administer
and enforce the provisions of this Chapter.
Any device that transmits and/or receives wireless 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.
Any free-standing, 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, 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 mean:
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;
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;
It cannot be identified as a Support Structure by persons with
reasonable sensibilities and knowledge;
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
It is of a Height, design, and type that would ordinarily occur
at the location and neighborhood selected.
Any structure capable of supporting Wireless Communications
Facilities (other than a Support Structure) in full conformance with
the design and other requirements of this Chapter and is: (1) existing
prior to the date of all applicable permit applications seeking City
authorization for installation of such Facilities thereon, and (2)
not built or installed in anticipation of such specific installation
or erected as a means to evade approvals applicable to a non-existing
structure.
The Federal Aviation Administration.
A Small Wireless Facility that meets the following requirements
for an Antenna and associated equipment:
No more than seven (7) cubic feet in volume (comprised of no
more than twenty-seven square (27) feet of exterior surface area,
excluding the surface width equal to the width of the Existing Structure
or Utility Pole to which it is mounted, on an imaginary enclosure
around the perimeter thereof, excluding cable or cable conduit of
four (4) inches or less). Volume shall be the measure of the exterior
displacement of the Antenna and associated equipment;
Located with the consent of the owner on an Existing Structure
or Utility Pole, or concealed within or on a replacement Utility Pole
if the appearance is not materially altered and the Existing Structure
or Utility Pole is no more than five (5) feet taller;
Not exceeding six (6) feet above the top of an Existing Structure
or Utility Pole for a total Height not exceeding forty-five (45) feet
(nor taller than more than six (6) feet above the average of similar
poles within three hundred (300) feet).
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.
A building for the protection and security of communications
equipment associated with one (1) or more Antenna 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 Antenna is prohibited.
An Antenna and associated equipment that meets the following:
An Antenna of no more than six (6) cubic feet in volume; and
All other associated equipment, to the extent permitted by the
applicable law to be calculated, of cumulatively no more than twenty-eight
(28) cubic feet in volume; provided that no single piece of equipment
on the Utility Pole shall exceed nine (9) cubic feet in volume, and
no single piece of ground-mounted equipment.
A Tower or Disguised Support Structure.
A structure designed for the support of one (1) or more Antenna
and including guyed towers, self-supporting (lattice) towers, or monopoles,
but not Disguised Support Structures, Utility Poles, 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 FCC.
A pole or similar structure that is or may be used for wireline
communications, electric distribution, lighting, traffic control,
signage, or a similar function, which may also support a Small Wireless
Facility or "Fast-Track."
Any Antenna, Small Wireless Facility, "Fast-Track," Cabinet,
Shelter, and Support Structure, and associated equipment.
