The general purpose of this chapter is to regulate the placement, construction and modification of telecommunications towers, support structures, and antennae in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace within the corporate boundaries of Gladstone. 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;

(2)

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

(3)

Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;

(4)

Maximize the co-location of facilities on any new support structures and facilitate the fewest and least visible new structures capable of achieving these objectives;

(5)

Ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;

(6)

Ensuring that regulation of telecommunications towers and structures 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.

(Ord. No. 4.414, § 1, 1-22-2018)

The requirements set forth in this section shall be applicable to all telecommunications towers, antennae and other support structures installed, built or modified after the effective date of ordinance from which this chapter is derived to the full extent permitted by law.

(1)

Principal or incidental use. Antennae and support structures may be either a principal use in all zoning districts or an incidental use to institutional or nonresidential uses, subject to any applicable district 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 of access, parking, and lot size applicable to the primary use in the district in which the use is proposed.

(2)

Building codes, safety standards, and zoning compliance. To ensure the structural integrity of antenna support structures, the owner shall assure that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standards published by the current Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this section, no antenna, tower, or support structure shall be erected prior to receipt of a certificate of zoning compliance and the issuance of a building permit.

(3)

Regulatory compliance. All antennae and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other state or federal agency with the authority to regulate communications antennae and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure 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 antenna or structure permitted by this section shall be granted for any applicant having an uncured violation of this section, any zoning regulation regarding the lot on which the structure is proposed, or any other governmental regulatory requirement applicable to such antenna or structures within the city.

(4)

Security. All antennae and support structures 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 or modify antennae or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the director and city council in the case of a special use permit.

(5)

Lighting. Antennae 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 or modify the antennae or support structure. Equipment cabinets and shelters may have lighting only as approved by the director or city council on the approved site development plan.

(6)

Advertising. Except for a disguised antenna support structure in the form of an otherwise lawfully permitted sign, the placement of advertising on structures regulated by this section is prohibited.

(7)

Design.

a.

Subject to the requirements of the FAA or any applicable state or federal agency, towers shall be galvanized steel, or if painted, a neutral color consistent with the natural or built environment of the site.

b.

Equipment shelters or cabinets shall have an exterior finish 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. All equipment shall be either placed underground, contained in a single shelter or cabinet, or wholly concealed within a building.

c.

Support structures shall not exceed the height limitation of any airport overlay zone as may be adopted by the city or other regulatory agency, but may exceed underlying district height restrictions for buildings and structures, where shown to be necessary, provided that such height restrictions shall be considered by the city in determining the appropriateness of the design and location of the proposed structure under the standards for approval.

d.

Antennae attached to a building or part of a disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted. All other antennae shall be designed to be disguised, or if otherwise permitted, maximally concealed on or within the support structure. Exposed antennae on "crow's nest" or other visible platforms are prohibited.

e.

All towers shall be surrounded by a minimum six-foot high decorative wall constructed of brick, stone or comparable masonry materials and a landscape strip of not less than ten feet in width and planted with materials, which will provide a visual barrier to a minimum height of six 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 special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping shall be required for disguised support structures if needed to implement an approved disguise.

f.

All towers, disguised support structures, and related structures, fences and walls shall be separated from the property line of any adjacent property zoned for a residential use at least a distance equal to the height of the tower, and shall be separated from all other adjacent property lines at least a distance equal to one-half of the height of the tower or structure.

g.

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

h.

On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district and the type of antenna or support structure approval granted.

(8)

Shared use.

a.

Existing support structures. Prior to the issuance of any permit to alter or modify any tower existing on the effective date of this chapter, the owner shall provide to the city a written agreement committing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. Technical limitations regarding disguised support structures shall include limitations as are necessary to maintain the requirements of a disguised support structure. The willful and knowing failure of a structure owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the city, be cause for the withholding of future permits to the same owner to install, build, or modify antennae or support structures within the city.

b.

Support structure inventories. Prior to the issuance of any permit to install, build or modify any support structure, such applicant shall furnish the director an inventory of (1) all of that applicant's and the proposed antenna user's (if the proposed antenna user is different from the applicant) support structures, and (2) all towers owned by any person, located within one and one-half miles of the proposed structure. The inventory shall include the structure or antenna reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional equipment shelters. Upon being modified, any disguised support structure designed for additional antennas and any tower, shall be placed on the multi-use interest area map for required collocation.

c.

Shared use required—New support structures. Any new support structure approved at a height of 60 feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by subsection one shall be submitted by the structure applicant. The willful and knowing failure of the owner of a structure built for shared use to negotiate in good faith with potential users shall be unlawful and shall be a violation of this chapter and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner or applicant to install, build or modify antennae or support structures within the city. The director may waive this requirement for disguised support structures if the applicant submits a written request demonstrating that compliance cannot be achieved without violating one or more of the definitional requirements of a disguised support structure.

d.

Communications tower multi-use area map. Any new tower approved within a communication tower multi-use interest area as designated by the map of the same title, shall be designed and constructed to accommodate the number of users indicated by the plan to the extent feasible. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be a violation of this chapter and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the city.

e.

Notice of tower applications. Prior to any application for the construction of a new tower or disguised support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennae shall be delivered by certified mail to all known potential tower users within the city, including but not limited to all companies providing mobile wireless service in the city, and such other persons as may be identified on a schedule prepared and maintained by the director. Proof of such delivery shall be documented with the application to the city. The director may establish a form required to be used for such notifications and establish other procedures consistent with and as may facilitate compliance with this chapter. The director shall, before deciding on the application or forwarding it to the planning commission or council for review, allow all persons receiving notice at least 15 calendar days to respond to the city and the applicant that the party receiving notice be permitted to share the proposed tower or locate within one mile of such area. Where two or more parties seek to locate within one mile of each other, or such other distance as is demonstrated to the director to be reasonable pursuant to the objectives of this chapter, the director shall designate such area as a multi-use interest area on the map. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new towers or structures.

f.

Appeal of shared use violations. Any party seeking shared use of a support structure subject to this provision shall after responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower or structure, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the director in writing. The director may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee deposit of $1,000.00 to the city to be used to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten calendar days to provide a written submission to the director responding to the alleged violation of the shared use requirement. If deemed necessary by the director, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the director receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to 30 days until the director has determined that the applicant has complied. An application for a new support structure shall not be deemed complete for acceptance until all information necessary for a decision on compliance has been provided by the applicant.

(Ord. No. 4.414, § 1, 1-22-2018)

The placement of antenna and towers are permitted in all zoning districts only as follows:

(1)

The attachment of additional or replacement complying antennae to any fully conforming support structure or tower provided that (1) additional equipment is located within the existing shelter, (2) no expansion of the compound area or increase in height occurs, and (3) all requirements of this chapter and the underlying zoning ordinance are met.

(2)

The mounting of antennae on any existing building or structure, such as a water tower, provided that the presence of the antennas is concealed by architectural elements or fully camouflaged and concealed by painting a color identical to the surface to which they are attached.

(3)

The mounting of antennae on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten feet.

(4)

The installation of antennae or the construction of a tower or support structure on buildings or land owned by the city following the approval of a lease agreement by the city council.

Applications for uses authorized under this section shall be on forms as may be established by the director with such information as necessary to determine applicability of the specific permitted use and shall be accompanied by a building permit application and such application fees as may be established to reimburse the city its inspection and review costs.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

The placement of antenna and support structures are permitted in all zoning districts by administrative permit approved by the director only as follows:

(1)

The attachment of additional or replacement antennae, cabinets or shelters to any nonconforming support structure existing on the effective date of this chapter or subsequently approved in accordance with these regulations and not satisfying the requirements for such attachment pursuant to section 7.166.030(1) as long the applicant provides documentation from which the director can reasonably determine that the application will bring the support structure (including ground equipment, and site) into conformance with this chapter to the maximum extent feasible. A "nonconforming support structure" shall be any support structure that does not comply with all of the requirements of this chapter, including but not limited to the general requirements herein and the requirements of the underlying zoning district.

(2)

The one-time replacement of any tower existing on the effective date of the ordinance from which this chapter is derived or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard and the new structure otherwise complies with this chapter. The new tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower shall be replaced by a monopole. The height of the new tower may exceed that of the original by not more than 20 feet. Subsequent replacements shall require the approval of a special use permit.

(3)

The construction of a disguised support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses as a permitted use.

(4)

The placement of dual polar panel antennae on wooden or steel functioning utility poles not to exceed 40 feet in height in any residentially zoned district and on any such poles (or functional replacement poles of no greater height) existing in any other district on the date of adoption of this chapter. All related equipment for antennae permitted by this subsection shall be wholly contained in an underground cabinet or vault.

(5)

Towers erected and maintained for a period not to exceed 45 days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.

(b)

Application procedures. Applications for administrative permits shall be made on the appropriate forms to the director and accompanied by a deposit of $2,500.00, or such other deposit amounts as may be established by the city council. The deposit shall be used to cover administrative costs and any telecommunications or other consulting fees or costs that the city may incur in review of the application. Any amount not used by the city shall be refunded to the applicant upon written request after a final decision. Applicant shall submit along with its completed application form:

(1)

A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the existing or proposed tower.

(2)

The application shall be reviewed by the director to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.

(3)

In reviewing an application, the director may require the applicant to provide additional information, including technical studies, and/or may require applicant to pay in addition to the cost of such studies if to be performed by the city, if reasonably necessary to assess whether the standards for approval are satisfied. An application shall not be deemed complete until satisfaction of all application requirements and submission of all requested information as provided herein.

(4)

The director shall issue a decision on the permit within 45 days of the date a complete application has been received or the application shall be deemed approved unless the time period for review and action is extended in writing by the director or council for reasonable cause. The director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to affect the purposes of this section. The director may consider the purposes of this section 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.

(5)

Appeals resulting from the decision of the director shall be made to the board of zoning adjustment in writing not later than ten days after such decision.

(Ord. No. 4.414, § 1, 1-22-2018)

All proposals to install, build or modify an antenna or support structure not permitted by section 7.166.030 (permitted uses) or section 7.166.040 (administrative permit), shall require the approval of special use permit following a duly advertised public hearing by the planning commission and city council, subject to the following limitations.

(1)

Applications. Applications for special use permits shall be filed and processed subject to the requirements of and in the manner and time frame as otherwise established in the zoning code. A decision shall be 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 presented during the public hearing by the applicant or others.

(2)

Additional minimum requirements. No special use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of an antenna or support structure pursuant to section 7.166.030 (permitted uses) or section 7.166.040 (administrative permits) is not technologically or economically feasible. The city may consider current or emerging industry standards and practices, among other information, in determining feasibility.

(3)

Findings required. In addition to the determinations or limitations specified herein and by section 7.165.010 of the zoning code for the consideration of special use permits, no special use shall be approved by the city council unless findings in the affirmative are made that the following conditions exist:

a.

That the proposed tower is not and cannot be located within a communications tower multi-use interest area as designated by such map, or if so located, meets the co-location requirements of this section.

b.

No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering (1) height, (2) structural strength, (3) resulting signal interference, (4) feasibility of retrofitting, (5) feasibility of redesigning the applicant's tower network, or (6) other limiting conditions that render towers, structures or buildings within the applicant's required geographic area unsuitable.

c.

That the design of the tower or structure, including the antennae, shelter and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.

d.

That the proposal minimizes the number and/or size of towers or structures that will be required in the area. Where alternate technology or design exists or is reasonably available that would satisfy the general need for the proposal, this factor is ordinarily not satisfied.

e.

That the applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this chapter or otherwise.

f.

That no land owned by any agency of the federal or state government, or by any political subdivision of the state, is available for locating the structure or tower.

g.

The city may require, at the expense of the petitioner, any additional studies or the hiring of an external consultant, including technical and legal services, to review exhibits and/or other requirements in accordance with this section.

Provided, that if one, but not more than one, of the first six determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this section.

(4)

RF engineer certification required. Applications for a new tower structure shall be considered only after a letter, certified by a radio frequency engineer under oath, stating that the planned telecommunication equipment cannot be accommodated on an existing or already approved transmission tower and providing facts (including (1) all alternatives considered and (2) precise cost estimates where cost is a basis for the determination) clearly demonstrating one or more of the following conditions:

a.

Planned telecommunications equipment would exceed the structural capacity of an existing or approved transmission tower, and the transmission tower cannot be reinforced to accommodate planned telecommunication equipment at a reasonable cost;

b.

Planned telecommunications equipment will cause radio frequency interference with other existing or planned telecommunications equipment for that transmission tower and the interference cannot be prevented at a reasonable cost;

c.

Existing or approved towers do not have space on which the planned telecommunications equipment can be placed so it can function effectively and at least in parity with other similar telecommunications equipment in place or approved by the City and Kansas City, Missouri or other area jurisdictions; or

d.

Other reasons that make it impractical and not feasible to place the telecommunications equipment planned by the applicant on an existing and approved transmission tower.

(5)

Additional height limitations. No tower shall be approved at a height exceeding 150 feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. Such showing must also be supported by the opinion of a telecommunications consultant hired by the city at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternatives are not viable.

(Ord. No. 4.414, § 1, 1-22-2018)

Any upper portion of a tower which is not occupied by active antennae for a period of 12 months, and any entire tower which is not so occupied for a period of six months, shall be removed at the owner's expense. Removal of upper portions of a tower manufactured as a single unit shall not be required. Failure to comply with this provision shall constitute a nuisance that may be remedied by the city at the tower or property owner's expense. Any applicant for a new tower or disguised structure not built as disguised part of another existing or permitted structure shall place a bond or other security with the city prior to any final approval for the purpose of removing any tower or disguised structure as required herein and to compensate the city for performing proper maintenance of such towers or disguised structures to ensure such structures do not become unsafe or otherwise fail to be maintained in compliance with this chapter. The bond or security shall be in the form approved by the community development department, and in the amount of $15,000.00, or such other amount as is determined by the director to satisfy the requirements hereof with regard to the specific tower or structure to which it would apply.

(Ord. No. 4.414, § 1, 1-22-2018)

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

(Ord. No. 4.414, § 1, 1-22-2018)

Any person violating this provision shall be subject to a fine of not more than $500.00 or 90 days in jail or both. Each day the violation continues shall constitute a separate offense.

(Ord. No. 4.414, § 1, 1-22-2018)

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

AGL means above ground level. Ground level shall be determined by the average elevation of the natural ground level within a radius of 50 feet from the center location of measurement.

Antenna means any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennae less than two meters in diameter (mounted within 12 feet of the ground or building-mounted) and any receive-only home television antennae.

Cabinet means a structure for the protection and security of communications equipment associated with one or more antennae where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four feet by six feet, and vertical height that does not exceed six feet.

Communication tower multi-use interest area means an area as designated by the map of the same title indicating general locations in which more than one wireless service provider may potentially seek to locate an antenna facility and in which the construction of co-locatable towers will be required. The map may be periodically revised in response to new information received regarding tower sites sought by wireless providers. A multi-use interest area shall be designated as appropriate for towers within one mile of each other, unless the applicant demonstrates to the contrary. The multi-use interest area map shall include the area within the city limits and within one and one-half miles of its corporate boundaries.

Director means the community development director of the city or his/her designee.

Disguised support structure means any free-standing, man-made structure designed for the support of antennae, 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 meet the following additional criteria means (1) it is consistent with, 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 an antenna support structure by a person 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.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means 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.

Incidental use means any use authorized herein that exists in addition to the principal use of the property.

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

Shelter means a building for the protection and security of communications equipment associated with one or more antennae and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.

Support structure means a tower or disguised support structure.

Tower means a structure designed for the support of one or more antennae and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also not include any support structure including attachments of 65 feet or less in height owned and operated solely for use by an amateur radio operator licensed by the Federal Communication Commission.

(Ord. No. 4.414, § 1, 1-22-2018)