[Ord. No. 513, 8-11-2021]
A.
Applicability. The requirements set forth in this Chapter shall
be applicable to all Wireless Communications Facilities within the
City installed, built, or modified after the effective date of this
Chapter to the full extent permitted by law. Such zoning review and
approvals required in this Chapter shall be in addition to any other
generally applicable permitting requirement, including applicable
building, excavation, or other right-of-way permits.
1.
Principal Or Incidental Use. Towers may be either
a principal or Incidental Use in all non-residential zoning districts,
subject to any applicable requirement relating to yard 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, setbacks, and lot size, applicable
to a primary use in the district in which the use is proposed as if
it was a separate subdivided lot. No other district shall allow Towers
unless required by law. All other wireless facilities other than Towers
may be a principal or Incidental Use in all districts subject to the
requirements herein.
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 for all applications to construct a new or modify,
or any way alter, a Support Structure, a Utility Pole, or Antenna,
including Small Wireless Facility and "Fast-Track," unless waived
upon application to the Administrative Officer stating why such report
is unnecessary to the specific application and a determination in
the discretion of the Administrative Officer approving such statement.
In addition to any other approvals required by this Chapter, no Wireless
Communications Facility or portion thereof shall be erected, replaced,
or expanded prior to receipt of a Certificate of Zoning Compliance,
unless otherwise required by law and the issuance of a Building Permit.
For sites within City right-of-way:
a.
The most restrictive adjacent underlying zoning
district classification shall apply unless otherwise specifically
zoned and designated on the Official Zoning Map;
b.
Wireless Communications Facilities shall be installed
and maintained as not to obstruct or hinder the usual travel or public
safety on the right-of-way or obstruct the legal use of such right-of-way
by authorities or authorized right-of-way users; and
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 structures
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 Chapter shall be granted for any applicant
having an uncured violation of this Chapter, any zoning regulation
regarding the lot on which the structure is proposed, or any other
governmental regulatory, licensing, or tax requirement applicable
to such Wireless Communications Facilities within the City unless
preempted by applicable law. Modifications under 47 U.S.C. § 1455(a)
shall be approved without regard to zoning regulations regarding the
lot on which the modification is proposed.
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, alter, or modify Wireless
Communications Facilities. Additional measures may be required as
a condition of the issuance of a Building Permit as deemed necessary
by the Administrative Officer or by the Board of Aldermen in the case
of a Special Use Permit.
5.
Lighting. Antenna, Small Wireless Facilities, "Fast-Track,"
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, alter, or modify the
Antenna, Small Wireless Facilities, "Fast-Track," 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 Administrative Officer or Board of Aldermen
in the case of a Special Use Permit.
6.
Signs. 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 or required safety signage.
7.
Design.
a.
Color. Subject to the requirements of the FAA or
any applicable State or Federal agency, Wireless Communications Facilities
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 Administrative Officer, or the Board of Aldermen
in the case of Special Use Permits, consistent with the requirements
of this Chapter. Unpainted galvanized steel Support Structures are
not permitted.
b.
Ground Equipment. When authorized, equipment Shelters
or Cabinets shall have an exterior finish reasonably 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 unless not feasible.
All equipment shall be either placed underground, contained in a single
Shelter or Cabinet, or wholly concealed within a building or approved
walled compound.
c.
Antenna Design. Antennas attached to a Disguised
Support Structure shall be contained within the Disguised Support
Structure or within or mounted flush on the surface of the Disguised
Support Structure so as not to defeat the disguised design. Antennas
attached to a Tower shall be contained within the Tower or mounted
flush on the surface of the Tower to which they are mounted. All Antennas
attached to an existing building, Utility Pole, or structure shall
be of a color matching the surface to which they are mounted. Antennas
on the rooftop or attached to a building shall be screened or constructed
and/or colored to match the structure to which they are attached.
All Antennas shall be designed to be disguised and maximally concealed
on or within the Support Structure or other structure. Exposed Antennas
on crow's nest or other visible platforms or extensions are prohibited.
d.
Height. Support Structures and Antenna 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 and feasible alternative
exists. To the extent permitted by applicable law, 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. No Support Structure shall be approved at
a Height exceeding one hundred twenty (120) feet AGL unless the applicant
clearly demonstrates that such Height is required for the proper function
of the applicant's system.
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 a 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 Administrative Officer, or by
the Board of Aldermen in the case of a Special Use Permit, 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, including any
portions of any wireless Communications Facilities thereon and associated
structures, fences, and walls (except for parking associated with
the Wireless Communications Facility) shall be separated from any
public right-of-way, sidewalk or street, alley, parking area, playground,
or other building, and from the property line of any adjacent property
at least a horizontal distance equal to the Height of the Support
Structure, including any portions of any Wireless Communications Facilities
thereon. In addition, a Tower must be located more than seventy-five
(75) feet from any residential dwelling unit and at least one hundred
(100) feet from any trail, park, or outdoor recreation area, and no
Tower that is readily visible from off-site shall be installed closer
than one-half (1/2) mile from another readily visible Tower unless
it is situated on a multiple-user site, or blends with the surrounding
existing natural and man-made environment in such a manner as to be
effectively unnoticeable.
h.
Storage. Vehicle or outdoor storage on any Wireless
Communications Facilities site is prohibited unless otherwise permitted
by the zoning district.
i.
Parking. On-site parking for periodic maintenance
and service shall be provided at all Support Structure locations consistent
with the underlying zoning district and the type of Support Structure
approval granted.
j.
Decorative Poles. In districts where there are Utility
Poles which were specifically designed for their aesthetic nature
and compatibility with the built environment of that district, as
determined by the City, such Utility Poles shall be deemed to be decorative
Utility Poles. Such decorative Utility Poles, when authorized to be
replaced by an applicant for Wireless Communications Facilities pursuant
to applicable law and in compliance with this Chapter and Code, shall
only be replaced with a substantially similar decorative Utility Pole
which matches the aesthetics and decorative elements of the original
decorative Utility Pole being replaced. Such replacement expenses
shall be borne wholly by the applicant seeking to place Wireless Communications
Facilities on such decorative Utility Pole.
8.
Public Property. Wireless Communications Facilities
located on property owned, leased, or otherwise controlled by the
City shall be subject to the requirements of this Chapter. A license
or lease with the City authorizing the location of such Wireless Communications
Facilities shall be required for each site.
9.
As-Built Plans. Within sixty (60) days of completion
of the initial construction and any additional construction, two (2)
complete sets of plans drawn to scale and certified as accurately
depicting the location of all Wireless Communications Facilities constructed
shall be furnished to the City.
10.
Historic Preservation; Thirty-Day (30) Hearing
Period. To the extent permitted by law, approval shall not be issued
for any Wireless Communications Facility that the Administrative Officer
or 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. For collocation
of any certified historic structure as defined in Section 253.545,
RSMo., in addition to all other applicable time requirements, there
shall be a thirty-day time period before approval of an application
during which one (1) or more public hearings on collocation to a certified
historic structure are held. The City may require reasonable, technically
feasible, and technological neutral design and concealment measures
as a condition of approval of a Wireless Communications Facility within
a historic district.
11.
Proof Of Owner Consent. Applications for permitted,
administrative, or special uses pursuant to this Chapter shall be
required to provide proof of owner consent, which shall minimally
include:
a.
Written consent to pursue the application by all
fee simple owners of the underlying real estate (or where located
in a street right-of-way, the right-of-way owner thereof), including
when the proposed location is also in a utility easement; and
b.
Written consent to pursue the application of the
owner of the structure on which such Facility is to be placed, if
different than the applicant.
B.
Applications for permitted, administrative, or special uses
pursuant to this Chapter shall be subject to the supplementary procedures
in this Chapter. 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 as may be established
to reimburse the City for its inspection and review costs, and information
as required thereon or by the City, consistent with this Chapter.
Applications shall be accompanied by a building permit application
and other applicable forms.
C.
Timing. Applications shall be decided upon within a reasonable
time, subject further to State or Federal specific additional time
requirements as may apply to the particular application.
D.
Administration. The Administrative Officer shall have the authority
to establish forms and procedures consistent with this Chapter and
applicable Federal, State, and local law to ensure compliance and
to facilitate prompt review and administration of applications.
[Ord. No. 513, 8-11-2021]
A.
The placement of Wireless Communications Facilities fully conforming
with the General Requirements in this Chapter are permitted in all
zoning districts only as follows:
1.
Collocations On Existing Support Structures. The
attachment of additional or replacement Antenna, including Small Wireless
Facilities and "Fast-Track," and associated equipment to any existing
Support Structure or Utility Pole or as otherwise authorized by State
or Federal law where local zoning is preempted, provided that building
permit requirements, national safety codes, and other applicable codes
including recognized accepted industry standards for structural, safety,
capacity, reliability, and engineering are satisfied, including specifically
the requirement to submit a certified structural engineering report
as provided in 405.211.
2.
Antenna On High-Voltage Towers. The mounting of
Antenna 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 Chapter and the
underlying zoning ordinance are met, except minimum setbacks provided
in this Chapter shall not apply.
3.
Antenna On Existing Buildings/Structures. In all
districts, except not on single-family residential or two-family dwellings,
the mounting of Antenna on any existing and conforming building or
structure (other than a Support Structure or Utility Pole) provided
that the presence of the Antenna and equipment is concealed by architectural
elements or fully camouflaged or concealed by painting a color identical
to the surface to which they are attached, and further provided that
all requirements of this Chapter and the underlying zoning ordinance
are met.
4.
Collocation Of Small Wireless Facilities On Utility
Poles. In accordance with Section 67.5112, RSMo., a Wireless Provider
may collocate Small Wireless Facilities and install, maintain, modify,
operate, and replace Utility Poles, at Heights below the Height limitations
outlined in this Subdivision, which shall be a permitted use in all
districts except within single-family residential and historic districts
provided the proposed installation does not:
a.
Materially interfere with the safe operation of
traffic and control equipment or City-owned communications equipment;
b.
Materially interfere with compliance with the American
Disabilities Act, or similar Federal or State standards regarding
pedestrian access or movement;
c.
Materially obstruct or hinder the usual travel or
public safety on the rights-of-way;
d.
Materially obstruct the legal use of the rights-of-way
by the City, utility, or other third-party;
e.
Fail to comply with the spacing requirements within Section 510.050(D)(1);
f.
Fail to comply with applicable national safety codes,
including recognized engineering standards for Utility Poles or Support
Structures;
g.
Fail to comply with the decorative pole replacement
requirements herein;
h.
Fail to comply with undergrounding requirements within Section 510.050(D)(1); or
i.
Interfere or impair the operation of existing utility
facilities, or City or third-party attachments.
B.
New, replacement, or modification of Utility Poles under the
following circumstances shall not be considered a permitted use under
this Section:
C.
Application Procedure. Application for a Permitted Use under
this Section shall require submission of an application with proof
of owner consent as required by Section 405.211(A)(11) and an application
fee of one hundred dollars ($100.00) per Small Wireless Facility and
an application fee of five hundred dollars ($500.00) for the installation,
modification, or replacement of a Utility Pole and collocation of
a Small Wireless Facility thereon, as required to partly cover the
City's actual costs, and not to exceed such amounts as may be
limited by law. If the applicant is not a Wireless Services Provider,
as defined by Section 67.5111, RSMo., then the applicant must submit
evidence of agreements or plans, or otherwise provide attestations
to the same, which conclusively demonstrate to the City that the proposed
site(s) will become operational and used by such Wireless Services
Provider within one (1) year of the permit's issuance date. For
any application for a Small Wireless Facility, the applicant shall
provide an attestation that the proposed Small Wireless Facility complies
with the volumetric limitations as required to meet the definition
of a Small Wireless Facility in accordance with this Chapter and pursuant
to applicable law. The Applicant shall also submit a certified structural
analysis as required in the General Requirements of this Chapter.
Applications requesting any information that is prohibited by Federal
or State law under the applicable circumstance shall be deemed inapplicable
to the subject application. The Administrative Officer shall issue
a decision on the application for a permitted use within the time-frame
permitted by applicable law. A decision to deny an application shall
be made, in writing, and state the specific reasons for the denial.
[Ord. No. 513, 8-11-2021]
A.
The placement of Wireless Communications Facilities fully conforming
with the General Requirements in this Chapter are permitted in all
zoning districts by Administrative Permit approved by the Administrative
Officer only as follows:
1.
Disguised Support Structures. The construction of
a Disguised Support Structure, provided that all related equipment
shall be placed underground or concealed within the structure. Equipment
may be placed in an appropriately concealed Cabinet if the Disguised
Support Structure is incidental to an industrial, commercial, or other
non-residential use and fits with the naturally built environment
or the Disguised Support Structure. Any Disguised Support Structure
shall have as a condition of approval, unless expressly exempted in
the approval, an obligation and corresponding covenant recorded on
the property that runs with the land to the benefit of the City on
behalf of the public, prohibiting modifications to the Disguised Support
Structure that defeats the disguise, unless such proposed modification
is approved by a duly authorized zoning or special use approval approved.
If the applicant does not wish to have such a covenant, the application
shall not qualify for Administrative Permit approval, unless another
mechanism is proposed and approved to ensure that the disguise is
not subsequently defeated. A Disguised Support Structure proposed
to be located within a public or private right-of-way may be exempted
from the General Requirements of this Chapter relating to parking/access
and setbacks, unless determined by the Administrative Officer as applicable
to the specific location for safety reasons or other applicable reasons.
2.
"Fast-Track" Small Wireless Facilities. An application
for a "Fast-Track" Small Wireless Facility may be approved administratively
by the Administrative Officer, subject to meeting the following requirements:
a.
General Requirements. The following requirements
shall generally apply to all "Fast-Track" Small Wireless Facilities
located within the City:
(1)
The "Fast-Track" shall substantially match any
current aesthetic or ornamental elements of the Existing Structure
or Utility Pole, or otherwise be designed to maximally blend into
the built environment, with attention to the current uses within the
district at the proposed site;
(2)
Any portion above the Existing Structure or Utility
Pole shall be concealed and of the same dimensions and appearance
so as to appear to be a natural extension of the Existing Structure
or Utility Pole in lieu of an enclosure or concealment;
(3)
The "Fast-Track" equipment shall not emit noise
audible from the building line of any residentially zoned or used
property; and
(4)
Location, placement, and orientation of the "Fast-Track"
shall, to the extent feasible, minimize the obstruction to, or visibility
from, the closest adjacent properties unless otherwise required by
the City for safety reasons.
b.
Additional Requirements When Sited Near Pedestrian
And Vehicle Ways. When a "Fast-Track" is proposed to be located on
an Existing Structure or Utility Pole on or adjacent to public or
private streets, sidewalks, or other pedestrian or vehicle ways:
(1)
The Height of all portions of the "Fast-Track"
shall be located at least eight (8) feet above ground level;
(2)
No ground equipment shall be permitted; and
(3)
No portions of the "Fast-Track" shall extend horizontally
from the surface of the Utility Pole or Existing Structure more than
sixteen (16) inches.
c.
Waiver For Good Cause Shown. Additionally, the Administrative
Officer may, for good cause shown, increase any one (1) or more of
the maximum volumetric specifications from the definition of a "Fast-Track"
by up to fifty percent (50%) if the applicant demonstrates that it:
d.
The Board of Aldermen may further waive one (1)
or more of the requirements found in the definition of "Fast-Track,"
or from:
(1)
General Requirements; or
(2)
Additional requirements when sited near pedestrian
or vehicle ways of this Subdivision, upon good cause shown by the
applicant, and provided a showing that the waiver is the minimum necessary
to accomplish the purposes of this Chapter. The burden of proof for
any waiver shall be wholly on the applicant and must be shown by clear
and convincing evidence.
B.
Application Procedures. Applications for Administrative Permits
shall be made on the appropriate forms to the Administrative Officer
consistent with the requirements of this Chapter. Applications requesting
any information that is prohibited by Federal or State law under the
applicable circumstance shall be deemed inapplicable to the subject
application.
1.
General Application Requirements. The Applicant
shall submit along with its completed application form:
a.
An application fee of one hundred dollars ($100.00)
per "Fast-Track" and an application fee of not more than five hundred
dollars ($500.00) for an application for a Disguised Support Structure
and collocation of a Small Wireless Facility thereon as required to
partly cover the City's actual costs, and not to exceed such
amounts as may be limited by law; any amount not used by the City
shall be refunded to the applicant upon written request after a final
decision;
b.
A detailed site plan, based on a closed boundary
survey of the host parcel, shall be submitted indicating the exact
location of the facility, all dimensions, and orientations of the
facility and associated equipment, in addition to all existing and
proposed improvements including buildings, drives, walkway, parking
areas, and other structures, public right-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 Utility Pole, or Existing Structure, if applicable;
c.
Specifications, dimensions, photos, or drawings
of the completed installation;
d.
Proof of owner consent as required by Section 405.211(A)(11);
e.
Certified structural analysis as required in the
General Requirements of this Chapter;
f.
If the applicant is not a Wireless Services Provider,
as defined by Section 67.5111, RSMo., then the applicant must submit
evidence of agreements or plans, or otherwise provide attestations
to the same, which conclusively demonstrate to the City that the proposed
site(s) will become operational and used by a Wireless Services Provider
within one (1) year of the permit's issuance date; and
g.
All other information that is necessary to show
compliance with the applicable requirements of this Chapter.
2.
"Fast-Track" — Specific Application Requirements.
In addition to the above general application requirements, applications
for a "Fast-Track" shall include the following:
a.
An attestation that the proposed "Fast-Track" meets
the volumetric and other requirements to meet the definition of "Fast-Track"
provided in this Chapter; and
b.
Information demonstrating that the applicant's
proposed plans are in compliance with Section 67.5113.3(9), RSMo.,
to the satisfaction of the City.
3.
Review. The application shall be reviewed by the
Administrative Officer to determine compliance with the above standards,
including specifically, design, location, safety, and appearance requirements,
and transmit the application for review and comment by other departments
and public agencies as may be affected by the proposed facility.
4.
Additional Information May Be Required. In reviewing
an application, the Administrative Officer may require the applicant
to provide additional information, including technical studies, to
the extent permitted by applicable law. An application shall not be
deemed complete until the satisfaction of all application requirements
and submission of all requested information as provided herein.
5.
Decisions; Denials Required In Writing. The Administrative
Officer shall issue a decision on the permit within the time-frame
permitted by applicable law. The Administrative Officer may deny the
application or approve the application as submitted or with such modifications
or conditions as are, in his/her judgment, reasonably necessary to
protect the safety or general welfare of the citizens and property
values consistent with and to affect the purposes of this Chapter
and subject to applicable law. The Administrative Officer may consider
the purposes of this Chapter and the factors established herein for
granting a Special Use Permit as well as any other considerations
consistent with the Chapter. A decision to deny an application shall
be made, in writing, and state the specific reasons for the denial.
[Ord. No. 513, 8-11-2021]
A.
Special Use Permit Required. All proposals to construct or modify a Wireless Communications Facilities not permitted by Section 405.213 (Administrative Approval) or not fully complying with the General Requirements of this Chapter, except for modifications under 47 U.S.C. § 1455(a) which must be approved, shall be permitted only upon the approval of a Special Use Permit authorized consistent with Section 420.020 following a duly advertised public hearing by the Planning and Zoning Commission, subject to the following additional requirements, procedures, and limitations:
1.
Applications. Applications for Special Use Permits
shall be filed on such forms required by the Administrative Officer
and processed subject to the requirements of and in the manner established
by applicable law, herein, and for Special Use Permits in the Zoning
Code and, in addition to such other requirements, shall be accompanied
by a deposit of one thousand five hundred dollars ($1,500.00), to
the extent permitted by the applicable law to the specific Wireless
Communications Facility. Any amount not used by the City shall be
refunded to the applicant upon written request after a final decision.
Except as otherwise provided by law, no application for a Special
Use Permit under this Section shall be deemed complete until the applicant
has paid all fees and deposits required under this Chapter, submitted
certified engineering plans and provided proof of owner consent as
required by Section 405.211(A)(11). Applications requesting any information
that is prohibited by Federal or State law under the applicable circumstance
shall be deemed inapplicable to the subject application.
2.
Decision And Findings Required. A decision shall
be contemporaneously 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.
3.
Additional Minimum Requirements. No Special Use
Permit shall be issued unless the applicant has clearly demonstrated
by substantial evidence that placement of Wireless Communications
Facilities pursuant to Section 405.212 (Permitted Use) or Section
405.213 (Administrative Approval) of this Chapter is not technologically
or economically feasible. The City may consider current or emerging
industry standards and practices, among other information, in determining
feasibility.
4.
Findings Required. In addition to the determinations or limitations specified herein and by the applicable provisions of Section 420.020 of this Zoning Code for the consideration of Special Use Permits, no Special Use Permit shall be approved by the Board of Aldermen unless findings in the affirmative are made that the following conditions exist:
a.
That the design of the Wireless Communications Facilities,
including ground layout, maximally reduces visual degradation and
otherwise complies with provisions and intent of this Chapter;
b.
That the design is visually compatible with the
area, will not distract from the view of the surrounding area, is
maximally concealed or blended in with the environment, and will not
adversely affect property values;
c.
That such use shall not be inconsistent or adversely
affect the regular permitted uses in the district in which the same
is located; and
d.
That the proposal fully complies with applicable
law including the General Requirements herein; provided that an exception
to the General Requirements, other than building or safety code compliance,
may be approved upon evidence that compliance is not feasible or is
shown to be unreasonable under the specific circumstances shown.
[Ord. No. 513, 8-11-2021]
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 Chapter, regardless of whether such Wireless
Communications Facilities are located on land owned by a governmental
entity.
[Ord. No. 513, 8-11-2021]
Any Wireless Communications Facility or portion thereof that
is no longer in use for its original communications purpose shall
be removed at the owner's expense. In the case of multiple operators
sharing the use of a single Support Structure, this provision requiring
removal of the Support Structure shall not become effective until
all users cease operations.
[Ord. No. 513, 8-11-2021]
Except as may otherwise be provided by law, any person violating any provision in this Chapter shall be subject to penalties set forth in Section 100.060.
[Ord. No. 513, 8-11-2021]
The procedures of the Board of Adjustment shall govern appeals
by any aggrieved person of a final action under this Chapter of any
City Officer, employee, board, commission, or the Board of Aldermen
that are claimed by an aggrieved person to be unlawful or an unconstitutional
taking of property without compensation. To the fullest extent permitted
by law, the review procedures of the Board of Adjustment shall be
exhausted before any action may be filed in any court against the
City or its officers, employees, boards, officials, or commissions.
Nothing herein shall be deemed to unlawfully limit any remedy that
is required to be available as a matter of law.
