[R.O. 1988 § 42-430; Ord. No. 4762, 10-2-2023]
1. 
Statement Of Purpose. The general purpose of this Section 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 Rolla. Specifically, this Section is intended to:
a. 
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Rolla;
b. 
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;
c. 
Ensure that any new wireless communications facilities are compatible with the neighborhood or surrounding community to the extent possible; and
d. 
Ensure that regulation of wireless communications facilities 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, and is no more burdensome than regulations applied to other types of infrastructure deployments.
2. 
Applicability; Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Section shall be applicable to all wireless communications facilities existing or installed, built, or modified after the effective date of this Division to the fullest extent permitted by law. No provision of this Section 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furthermore, if any Section, Subsection, sentence, clause, phrase, or portion of this Section is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and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.
3. 
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 Section, regardless of whether such wireless communications facilities are located on land owned by a governmental entity.
[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 USE
Any use authorized herein that exists in addition to the principal use of the property.
AGL (ABOVE GROUND LEVEL)
Ground level shall be determined by the elevation at the center location of measurement.
ANTENNA
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.
AUTHORITY POLE
A utility pole that is owned and/or operated by the City but shall not include municipal electric utility distribution poles or facilities.
CABINET
A 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.
DIRECTOR
The Community Development Director or their designee or official acting in such capacity.
DISGUISED SUPPORT STRUCTURE
Any 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 STRUCTURE
Any 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.
FAA
The Federal Aviation Administration.
FAST-TRACK SMALL WIRELESS FACILITY or FAST-TRACK
A 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.
FCC
The Federal Communications Commission.
HEIGHT
The 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.
PERSON
An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.
RIGHT-OF-WAY
The 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.
SHELTER
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.
SMALL WIRELESS FACILITY
Antennas 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.
SUPPORT STRUCTURE
A tower or disguised support structure.
TOWER
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 fifty (50) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.
UTILITY POLE
A 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.
WIRELESS COMMUNICATIONS FACILITY
Any antenna, small wireless facility, fast-track, cabinet, shelter, and support structure and associated equipment.
[R.O. 1988 § 42-432; Ord. No. 4762, 10-2-2023]
1. 
Applications. Applications for permitted, administrative, or conditional uses pursuant to this Section shall be subject to the supplementary procedures in this Section. 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 Section. Applications shall be accompanied by a building permit application and other applicable forms.
2. 
Proof Of Owner Consent. Applications for permitted, administrative, or conditional uses pursuant to this Section 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 street rights-of-way, the rights-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 applicant.
3. 
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.
4. 
Consolidated Applications For Small Wireless Facilities. An applicant may submit a consolidated application and receive a single permit for up to twenty (20) co-located small wireless facilities, provided that they are for the same or materially the same design of small wireless facility being co-located on the same or materially the same type of utility pole or support structure. Denial of one (1) or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same consolidated application.
5. 
Opportunity To Cure. In case of a denial, the applicant may cure the deficiencies identified by the City and resubmit the application within thirty (30) days of the denial without paying an additional application fee. The City shall approve or deny the revised application within thirty (30) days of resubmission and limit its review to the deficiencies cited in the original denial.
[R.O. 1988 § 42-433; Ord. No. 4762, 10-2-2023]
1. 
Applicability. The requirements set forth in this Section shall be applicable to all wireless communications facilities within the City installed, built, or modified after the effective date of this Section to the full extent permitted by law. Such zoning review and approvals required in this Section shall be in addition to any other generally applicable permitting requirement, including applicable building, excavation, rights-of-way, or other permits or approvals.
2. 
Principal Or Accessory Use. Towers may be either a principal or accessory use in all non-residential zoning districts, subject to any applicable requirement relating to yard or setback. An accessory 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 principal 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 communications facilities and utility poles other than towers, may be a principal or accessory use in all districts subject to the requirements herein.
3. 
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 Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement. In addition to any other approvals required by this Division, no wireless communication facility or portion thereof, except for a modification under 47 U.S.C. § 1455(a), 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.
4. 
For Sites Within City Rights-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 rights-of-way or obstruct the legal use of such rights-of-way by authorities or authorized rights-of-way users; and
c. 
Such use shall be required to obtain applicable permits and comply with the City's ROW management rules and regulations set forth in Article III of Chapter 36.
5. 
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 Division shall be granted for any applicant having an uncured violation of this Division, 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.
6. 
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 Director or by the City Council in the case of a conditional use permit.
7. 
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 Director or City Council on the approved site plan.
8. 
Advertising. Except for a disguised support structure in the form of an otherwise lawfully permitted sign, the placement of advertising on wireless communications facilities is prohibited other than on-premises signage of not greater than one (1) square foot on ground equipment or required safety signage.
9. 
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 Director, or the City Council in the case of conditional use permits, consistent with the requirements of this Division.
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 ground equipment shall be either placed underground, contained in a single shelter or cabinet, or concealed within a building or approved walled compound.
c. 
Antenna Design. Antenna attached to a disguised support structure shall be contained within the disguised support structure or within or mounted flush on the surface to which they are mounted. Antenna attached to an existing building, utility pole, or structure shall be of a color matching the surface to which they are mounted. Antenna 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.
d. 
Height. Support structures and antenna shall not exceed the height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. Support structures and utility poles 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 Director, or by the City Council in the case of a conditional 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 shall be separated from any rights-of-way, sidewalk or street, alley, parking area, playground, or other building which is located on a another property, and from the property line of any adjacent property at least a horizontal distance equal to twenty-five percent (25%) of the height of the support structure.
h. 
Storage. Vehicle or outdoor storage on any wireless communications facilities site is prohibited, unless otherwise permitted by the zoning district.
i. 
Parking. One (1) hard-surfaced parking spot per support structure for periodic maintenance and service shall be provided.
j. 
Decorative Poles. In districts where there are utility poles that 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 Division and Code, shall only be replaced with a substantially similar decorative utility pole that matches the aesthetics and decorative elements of the original decorative utility pole being replaced. Such replacement expenses shall be bore wholly by the applicant seeking to place wireless communications facilities on such decorative utility pole.
10. 
Public Property. Wireless communications facilities located on property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Division. A license or lease with the City authorizing the location of such wireless communications facilities shall be required for each site.
11. 
As-Built Plans. Within sixty (60) days of completion of the initial construction and any additional construction, three (3) 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.
12. 
Historic Preservation; 30-Day Hearing Period. To the extent permitted by law, approval shall not be issued for any wireless communications facility that the Director or City Council 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 co-location 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 (30) day time period before approval of an application during which one (1) or more public hearings on co-location to a certified historic structure are held. The City may require reasonable, technically feasible and technological neutral deign and concealment measures as a condition of approval of a wireless communication facility within a historic district or on a historic structure.
13. 
Administration. The Director shall have the authority to establish forms and procedures consistent with this Division and applicable Federal, State, and local law to ensure compliance and to facilitate prompt review and administration of applications.
[R.O. 1988 § 42-434; Ord. No. 4762, 10-2-2023]
1. 
Permitted Use. The placement of wireless communications facilities fully conforming with the applicable general requirements in this Section are permitted in all zoning districts (including the right-of-way) only as follows:
a. 
Towers In Industrial Districts. Antennas attached to towers in industrial districts are a permitted use.
b. 
Co-locations On Existing Support Structures. The attachment of antenna, including small wireless facilities, or associated equipment to any existing fully conforming 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.
c. 
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 Division and the underlying zoning ordinance are met, except minimum setbacks provided in this Division shall not apply.
d. 
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 Division and the underlying zoning ordinance are met.
e. 
Co-Location Of Small Wireless Facilities On Authority Poles. In accordance with Section 67.5112, RSMo., a wireless provider may co-locate small wireless facilities and install, maintain, modify, operate, and replace authority poles, at heights below the height limitations outlined in this Subdivision, which shall be a permitted use in all districts except single-family residential and historic districts subject to Subsection (1)(e)(ii) of this Section below. New, replacement, or modification of authority poles under the following circumstances shall not be considered a permitted use under this Section:
i. 
Proposals to construct or modify an authority pole that exceeds the greater of fifty (50) feet AGL or more than ten (10) feet above the tallest existing authority pole as of January 1, 2019, within five hundred (500) feet of the proposed authority pole in the City; and
ii. 
Proposals to co-locate on an existing authority pole in place on August 28, 2018, that exceeds the height of the existing authority pole by more than ten (10) feet.
2. 
Application Procedure. Application for a permitted use under this Section shall require submission of an application with proof of owner consent 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 co-location 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, 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. 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 Division and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the general requirements of this Division. 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 Director 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. With respect to a proposed co-location of a small wireless facility or installation, modification, or replacement of a utility pole, the Director may deny the application only if the proposal could reasonably be expected to:
a. 
Materially interfere with the safe operation of traffic and control equipment or City-owned communications equipment;
b. 
Materially and demonstrably interfere with the safe operation of traffic control equipment or City-owned communications equipment;
c. 
Materially and demonstrably interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;
d. 
Materially interfere with compliance with the American Disabilities Act, or similar Federal or State standards regarding pedestrian access or movement;
e. 
Materially obstruct or hinder the usual travel or public safety on the rights-of-way;
f. 
Materially obstruct the legal use of the rights-of-way by the City, utility, or other third-party;
g. 
Fail to comply with the spacing requirements;
h. 
Fail to comply with applicable national safety codes, including recognized engineering standards for utility poles or support structures;
i. 
Fail to comply with the decorative pole replacement requirements herein; or
j. 
Fail to comply with undergrounding requirements.
[R.O. 1988 § 42-435; Ord. No. 4762, 10-2-2023]
1. 
Administrative Approval. The placement of wireless communications facilities fully conforming with the general requirements in this Section are permitted in all zoning districts (including the right-of-way) by administrative permit approved by the Director only as follows:
a. 
Disguised Support Structures. Any disguised support structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation that is recorded on the property that runs with the land for the benefit 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 conditional use approval approved. If the applicant does not wish to have such a condition, 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, street, or other pedestrian or vehicular way may be exempted from the general requirements of this Article relating to parking/access and setbacks, unless determined by the Director as applicable to the specific location for safety reasons or other applicable reasons.
b. 
Fast-Track Small Wireless Facilities. An application for a fast-track may be approved administratively by the Director, subject to meeting the following requirements:
i. 
General Requirements. The following requirements shall generally apply to all fast-track 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 in to 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.
ii. 
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.
iii. 
Waiver For Good Cause Shown. Additionally, the Director 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:
1. 
Does not in any location nationally use equipment capable of meeting the specifications and the purpose of the equipment; and
2. 
Cannot feasibly meet the requirements as defined and described.
iv. 
The City Council may further waive one (1) or more of the requirements found in the definition of fast-track, or from the general requirements or the 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 Division. The burden of proof for any waiver shall be wholly on the applicant.
2. 
Application Procedures. Applications for administrative permits shall be made on the appropriate forms to the Director consistent with the requirements of this Section. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application.
a. 
General Application Requirements. Applicant shall submit along with its completed application form:
i. 
An application fee of not more than one hundred dollars ($100.00) per "fast-track" small wireless facility as required to partly cover the City's actual costs, and an application fee of not more than five hundred dollars ($500.00) for an application for a disguised support structure and co-location of a small wireless facility thereon 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;
ii. 
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, rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the utility pole or existing structure, if applicable and determined by the Director to be necessary to determine compliance with this Division;
iii. 
Specifications, dimensions, photos, or drawings of the completed installation;
iv. 
Proof of owner consent;
v. 
Certified structural analysis as required in the general requirements of this Division;
vi. 
If the applicant is not a wireless services provider, 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
vii. 
All other information necessary to show compliance with the applicable requirements of this Division.
b. 
Fast-Track Specific Application Requirements. In addition to the above general application requirements, applications for a fast-track shall include the following:
i. 
An attestation that the proposed fast-track meets the volumetric and other requirements to meet the definition of fast-track provided in this Division; and
ii. 
Information demonstrating that the applicant's proposed plans are in compliance with Section 67.5113, RSMo., to the satisfaction of the City.
c. 
Review. The application shall be reviewed by the Director 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.
d. 
Additional Information May Be Required. In reviewing an application, the Director may require the applicant to provide additional information, including technical studies, to the extent permitted by applicable law, and contained in an applicable code provision, ordinance, application, or other public guideline.
e. 
Decisions; Denials Required In Writing. The Director shall issue a decision on the permit within the time frame permitted by applicable law. The Director may deny the application or approve the application as submitted or with such modifications or conditions as are, in their 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 Division, and subject to applicable law. The Director may consider the purposes of this Division and the factors established herein. A decision to deny an application shall be made in writing and state the specific reasons for the denial. Provided that with respect to a proposed co-location of a small wireless facility or installation, modification, or replacement of a utility pole, the Director may deny the application only for the reasons outlined above.
[R.O. 1988 § 42-436; Ord. No. 4762, 10-2-2023]
1. 
Conditional Use Permit Required. All proposals to construct or modify a wireless communications facilities in a commercial district (not permitted in any residential district) and not permitted by the previous Sections or not fully complying with the general requirements of this Division and except for modifications under 47 U.S.C. § 1455(a) which must be approved, shall be permitted only upon the approval of a conditional use permit, subject to the following additional requirements, procedures, and limitations:
a. 
Applications. Applications for conditional use permits shall be filed on such forms required by the Director and processed subject to the requirements of and in the manner established by applicable law, herein, and for conditional 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 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. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application.
b. 
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.
c. 
Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of wireless communications facilities pursuant to the previous Sections of these regulations is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
d. 
Findings Required. In addition to the determinations or limitations specified herein and by the applicable provisions of this Zoning Code for the consideration of conditional use permits, no conditional use permit shall be approved by the City Council unless findings in the affirmative are made that the following conditions exist:
i. 
That the design of the wireless communications facilities, including ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this Division;
ii. 
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;
iii. 
That such conditional use shall not be inconsistent or adversely affect the regular permitted uses in the district in which the same is located; and
iv. 
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.
[R.O. 1988 § 42-437; Ord. No. 4762, 10-2-2023]
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 use of a single support structure, this removal requirement shall not apply to the support structure until all users cease operations of the same.
[R.O. 1988 § 42-438; Ord. No. 4762, 10-2-2023]
Except as may otherwise be provided by law, any person violating any provision in this Section shall be subject to penalties as provided by the Zoning Codes and subject State and Federal laws.
[R.O. 1988 § 42-439; Ord. No. 4762, 10-2-2023]
The procedures of the Board of Adjustment, shall govern appeals by any aggrieved person of a final action of any City officer, employee, board, commission, or the City Council 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 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.