[R.O. 1988 § 42-431; Ord. No. 4762, 10-2-2023]
As used in this Division, the following terms shall have the meanings and usages indicated:
ACCESSORY USEAny use authorized herein that exists in addition to the principal use of the property.
ANTENNAAny 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.
AUTHORITY POLEA utility pole that is owned and/or operated by the City but shall not include municipal electric utility distribution poles or facilities.
CABINETA structure for the protection and security of communications equipment associated with one (1) or more antenna 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.
DIRECTORThe Community Development Director or their designee or official acting in such capacity.
DISGUISED SUPPORT STRUCTUREAny freestanding, artificial 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, flagpoles, 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:
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 a 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.
EXISTING STRUCTUREAny structure capable of supporting wireless communication facilities (other than a support structure) in full conformance with the design and other requirements of this Division 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.
FAAThe Federal Aviation Administration.
FAST-TRACK SMALL WIRELESS FACILITY or FAST-TRACKA small wireless facility that meets the following requirements for an antenna and associated equipment:
1. No more than seven (7) cubic feet in volume (comprised of no more than twenty-seven (27) square 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;
2. Located with the consent of the owner on an existing structure or utility pole, or concealed within or on a replacement utility pole if appearance is not materially altered and the replacement existing structure or utility pole is no more than five (5) feet taller;
3. Not exceeding six (6) feet above the top of an existing structure or utility pole for a total height not exceeding fifty (50) feet nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet.
FCCThe Federal Communications Commission.
HEIGHTThe vertical distance measured from the center location of measurement at ground level to its highest point and including the main structure and all attachments thereto.
PERSONAn individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.
RIGHT-OF-WAYThe area on, below, or above a public roadway, highway, street, or alleyway, but not including:
1. The airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service;
2. Easements obtained by utilities or private easements in platted subdivisions or tracts;
3. Railroad rights-of-way and ground utilized or acquired for railroad facilities; or
4. Poles, pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses utilized by a municipally owned or operated utility pursuant to Missouri law.
SHELTERA 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.
SMALL WIRELESS FACILITYAntennas and associated equipment that meet the following:
1. Each antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and
2. All other associated equipment, to the extent permitted by 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 authority pole shall exceed nine (9) cubic feet in volume, and no single piece of ground-mounted equipment shall exceed fifteen (15) cubic feet in volume.
TOWERA 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 fifty (50) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.
UTILITY POLEA pole or similar structure that is or may be used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the co-location of small wireless facilities or fast-track.