It is the purpose of this section to regulate the placement, construction and modification of telecommunications towers, support structures, and antennas in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfere with the development of the competitive wireless telecommunications marketplace. This section 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 antennas and support structures through the design, sitting, 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;

(5)

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

(6)

Ensure 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.

(Prior Code, § 42.1000; Ord. No. 2671, § 1(42.1000), 5-24-2018)

(a)

All towers, antenna support structures and telecommunications facilities, any portion of which are located within the city, are subject to this section. All towers within the city at the time of passage of the ordinance from which this section is derived shall be registered with the planning and zoning inspector within 60 days from the effective date of the ordinance from which this section is derived, together with the height, width and location thereof and a registration fee in an amount as provided in the city fee schedule. Failure to register an existing tower shall raise a presumption that the tower was not a legal nonconforming use on the date of passage of the ordinance from which this section is derived.

(b)

Notwithstanding any provisions contained in this section, any current legal use being made of an existing tower or antenna support structure on the effective date of the ordinance from which this section is derived shall be allowed to continue as a nonconforming structure. Any tower site that has received city approval in the form of either a conditional use permit or building permit, but has not yet been constructed or located within 12 months of the date of the permit, shall be considered a non-permitted structure.

(Prior Code, § 42.1010; Ord. No. 2671, § 1(42.1010), 5-24-2018)

(a)

On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunication services in the United States.

(b)

The Telecommunications Act of 1996 preserves the authority of the city to regulate the placement, construction, and modification of towers and antenna support structures and to protect the health, safety and welfare of the public.

(c)

The city has been granted the authority to enact legislation to regulate the construction, placement, and operation of telecommunications towers and antennas pursuant to its zoning powers established in the Revised Statutes and, additionally, pursuant to its general and specific police powers established by statute authorizing the regulations herein to protect the public health.

(d)

The Federal Communications Commission (FCC) has exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities, and the regulation of radio signal interference among users of the radio frequency spectrum.

(e)

Consistent with the Telecommunications Act of 1996, the regulations of this section will not have the effect of prohibiting the provision of personal wireless services, and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the city. This subsection does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.

(f)

The uncontrolled proliferation of towers in the city is threatened without the adoption of new regulations, and would diminish property values, the aesthetic quality of the city, and would otherwise threaten the health, safety and welfare of the public.

(Prior Code, § 42.1020; Ord. No. 2671, § 1(42.1020), 5-24-2018)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may, from time to time, be amended.

AGL, 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 "antenna" excludes satellite earth station antennas less than two meters in diameter (mounted within 12 feet of the ground or building-mounted) and any receive-only home television antenna.

Antenna support structure means any building or other structure other than a tower which can be used for the location of telecommunications facilities.

Applicant means any person that applies for a tower permit.

Application means the process by which an applicant submits a request and indicates a desire to be granted a permit to construct, own or operate a tower within the city. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

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

Communications means the transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses, or other similar means. As used in this definition, the term "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.

Engineer means any engineer licensed by the state.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.

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.

Inspector means the planning and zoning inspector.

Modification means any change, including the addition or replacement of antennas to a structure requiring a building permit or other governmental approval; except that the following shall not be deemed a modification requiring a building permit, provided the conditions of the original permit and the requirements of this article are not violated; any structural alterations or replacement of antennas to meet safety requirements any structural alteration or replacement of antennas that does not involve enlargement of the structure height; and any alteration for normal maintenance.

Monopole means a self-supporting tubular shaped antenna support structure that consists of a single vertical pole fixed into the ground and/or attached to a foundation.

Permittee means any person who has lawfully obtained a tower permit.

Shelter means a building for the protection and security of communications equipment associated with one or more antennas and where access to equipment is gained from the interior of the building.

Stealth includes any freestanding, manmade structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature which are designed to blend into the surrounding environment. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, water towers, light standards, flag poles and artificial trees.

Telecommunications means the transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses, or other similar means. As used in this definition, the term "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the Federal Communications Commission which a person seeks to locate or has installed upon a tower or antenna. However, the term "telecommunications facilities" shall not include:

(1)

Any satellite earth station antennas two meters in diameter or less which is in an area zoned and used for industrial purposes;

(2)

Any satellite earth station antenna one meter or less in diameter, regardless of zoning category;

(3)

Any satellite earth station more than two meters in diameter which is utilized for the reception of broadcast television, video or radio signals and which is an ancillary use to a structure on the premises of the holder of the broadcast license.

Tower means a self-supporting lattice guyed or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC. The term "tower" does not include utility poles which are utilized for the support of electrical, telephone, cable television, or other similar cables and wires, are located on public rights-of way or easements for that purpose and are a part of a system of such poles throughout the city.

(Prior Code, § 42.1030; Ord. No. 2671, § 1(42.1030), 5-24-2018)

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

(1)

Building codes, safety standards, and zoning compliance. To ensure the structural integrity of antenna towers, the owner shall see 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 Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this section, no antenna or tower shall be erected prior to the issuance of a building permit.

(2)

Regulatory compliance. All antennas and towers 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 antennas and towers. 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 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 or any other governmental regulatory requirement related to such antenna or structures within the city.

(3)

Excess capacity and planned future use. Any applicant for building permit to install, build or modify any tower shall furnish the planning and zoning inspector a statement of the excess capacity of the tower and plans for anticipated growth. In addition, the applicant must design the tower and indicate on the application that the tower will accommodate at least one additional antenna similar to the principal antenna.

(4)

Co-location.

a.

Co-location of facilities. New towers constructed within the city with a height of more than 35 feet should accommodate at least one additional carrier or telecommunications facility for one other provider of communications services (hereinafter referred to as additional capacity). Such additional capacity, if any, shall be designated on the application and site plans presented to the city prior to construction of the tower.

b.

Co-location or installation.

1.

Any permittee whose tower is in excess of 35 feet which is constructed after the effective date of the ordinance from which this section is derived and which has been built in accordance with setbacks and special conditions granted to towers with co-location capabilities under this article, and which contains additional capacity for installation or co-location of telecommunications facilities as demonstrated at the time the application for construction was granted, shall agree to allow other persons to install or co-locate telecommunications facilities on such a tower, subject to reasonable terms and conditions negotiated between the parties, including the suitability of the proposed tenant, the credit record and technical abilities of the proposed tenant. For co-location of antennas, a legal nonconforming tower may be used. However, in no event shall a permittee be required to allow co-location of facilities if to do so would result in technical interference with the delivery of permittee's service. Failure to permit co-location or joint use on a tower which has been built in accordance with setbacks and special conditions permitted for towers designed for co-location may result in any enforcement action as permitted herein.

2.

The applicant must show evidence that he has investigated the possibilities for locating the proposed facilities on an existing tower. Such evidence shall consist of:

(i)

Copies of letters sent to owners of all existing towers within a one-mile radius of the proposed site, requesting the following information:

A.

Tower height;

B.

Existing and planned tower users;

C.

Whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and

D.

If the proposed antenna cannot be accommodated on the existing tower, an assessment of whether the existing tower could be structurally strengthened or whether the antenna's transmitters and related equipment could be protected from electromagnetic interference, and a general description of the means and projected cost of shared use of the existing tower.

(ii)

A copy of all responses within 30 days from the mailing date of the letter required by subsection (a)(4)b.2 of this section.

(iii)

A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower.

(iv)

A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible.

(v)

Evidence that the communications tower is structurally designed to support at least one additional user, and the special use application includes a statement that the owner of the tower is willing to permit other user to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. The tower owner may require that such other users agree to negotiate regarding reasonable compensation to the owner from any liability which may result from such attachment. The site plan shall indicate a location for at least one equipment building, in addition to that proposed for use by the applicant. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for the community.

(vi)

Failure to comply with the provisions of this section constitutes a material violation of this chapter.

c.

Special exception from height exceptions and buffer yards. A permittee of an existing tower may modify the height of its tower to accommodate co-location of additional telecommunications facilities if the total height of the tower and telecommunications facilities attached thereto do not exceed 55 feet. Unless provided for under conditional use permit, the maximum height shall not exceed the height limits as stated in this Code.

d.

Same tower type. A tower which is modified to accommodate the co-location of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval pursuant to this Code.

e.

Movement of tower.

1.

A tower which is being replaced to accommodate the co-location of additional telecommunications facilities may be moved on the same premises as it was constructed on, within 50 feet of its existing location if required setbacks and buffer yards are maintained.

2.

A tower that is relocated pursuant to this section hereof shall continue to be measured from the original tower site for calculating the separation distances between towers pursuant to section 48-477. The approved relocation of a tower under this section shall in no way be deemed to cause a violation.

3.

Prior to the relocation of a tower, notice shall be given to adjacent property owners within 300 of the proposed tower site.

(Prior Code, § 42.1040; Ord. No. 2671, § 1(42.1040), 5-24-2018)

(a)

Making application. Applications shall be made on the appropriate forms to the planning and zoning inspector and accompanied by payment of the established fee.

(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, walkway, 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 planning and zoning commission 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)

The planning and zoning inspector shall issue a decision on the permit within 45 days of the date of application or the application shall be deemed denied. The inspector may deny the application or approve the application as submitted or with such modifications as are, in his judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this section. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.

(4)

Appeals. Any applicant who is denied a tower application, or who is determined by the planning and zoning inspector to be in violation of this section, shall have the right to appeal the decision before the board of adjustment. Final decisions of the board of adjustment shall be subject to judicial review pursuant to RSMo ch. 536.

(b)

Additional 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 alternative are not viable.

(Prior Code, § 42.1050; Ord. No. 2671, § 1(42.1050), 5-24-2018)

(a)

Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable state or federal agency, be painted a neutral color consistent with the natural or built environment of the site. Towers not requiring FAA painting or marking shall have either a galvanized steel finish or be painted an almond, light gray, silver or white finish.

(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 zoning district in which the facility is located.

(c)

Antenna attached to a building or stealth antenna tower shall be of a color identical to or closely compatible with the surface to which they are mounted.

(d)

All permittees shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they are located, including the use of camouflage techniques, path array antennas and side mounting antennas unless such use shall create a hazard for the traveling public or it is not technically feasible to use such design and co-locate other facilities on the tower.

(e)

No commercial advertising shall be allowed on the tower or its related facilities.

(f)

The name and telephone number of the owner of the tower must be placed in a visible location on the cabinet or equipment shelter using letters and numbers no less than three inches in height. In the event the information changes, the owner must notify the city within 15 days and amend the information placed on the cabinet or equipment within 15 days.

(g)

All towers must be designed and certified by an engineer to be structurally sound and, at a minimum, in conformance with the city's building code, applicable state laws, and other standards outlined in this Code. A building permit, approved by the planning and zoning inspector, must be obtained before construction may begin.

(Prior Code, § 42.1060; Ord. No. 2671, § 1(42.1060), 5-24-2018)

(a)

In all zones, towers shall be located at least 300 feet from any property line or separation of zoning.

(b)

Measurement of tower setbacks for compliance with this section shall be measured from the center of a tower to all property lines.

(c)

The applicant must submit a professional engineering certification which states that the structure's construction will cause the tower to crumble inward so that in the event of collapse no damage to structures on adjacent zoning lots will result.

(Prior Code, § 42.1070; Ord. No. 2671, § 1(42.1070), 5-24-2018)

(a)

Fences must be constructed around or upon parcels containing towers, antenna towers or telecommunications facilities.

(b)

The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight feet in height unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower's guy anchors may be screened or fenced separately to comply with the requirements of this subsection.

(c)

No outside storage shall be allowed on any telecommunication facility site.

(Prior Code, § 42.1080; Ord. No. 2671, § 1(42.1080), 5-24-2018)

Buffering and screening of the site shall be installed. In order to provide spatial separation and create visual block from adjacent properties and streets, a buffer shall be installed around the outside of all improvements on the site, including the tower and guy anchors, any ground buildings or equipment, and security fencing construction. The tower's guy anchors may be screened or fenced separately to comply with the requirements of this subsection. All vegetation used in the landscaping shall be located outside any fenced areas.

(Prior Code, § 42.1090; Ord. No. 2671, § 1(42.1090), 5-24-2018)

All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities.

(Prior Code, § 42.1100; Ord. No. 2671, § 1(42.1100), 5-24-2018)

All parcels upon which towers are located must provide access to at least two paved vehicular parking spaces located within 100 feet of the tower. Traffic associated with the facility shall not adversely affect traffic on adjacent streets.

(Prior Code, § 42.1110; Ord. No. 2671, § 1(42.1110), 5-24-2018)

(a)

Permittees shall always employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(b)

Permittees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such a manner that will not interfere with the use of other property.

(c)

All towers, telecommunications facilities and antenna towers shall always be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

(Prior Code, § 42.1120; Ord. No. 2671, § 1(42.1120), 5-24-2018)

All parcels upon which towers are located must contain adequate drainage facilities, which are approved by the director of public works.

(Prior Code, § 42.1130; Ord. No. 2671, § 1(42.1130), 5-24-2018)

(a)

Proposed towers must meet the following minimum separation requirements from towers existing at the time a permit is granted. However, an exception from separation distances between towers may be obtained from the planning and zoning commission if the applicant can demonstrate that such an exception is necessary for the engineering design of the system the tower is to be a part of, or that no other option is available to provide coverage for the service area. Such exception must also be supported by the opinion of a consultant hired by the city at the expense of the applicant.

(b)

For this subsection, the separation distances shall be measured by drawing or following a straight line between the center of the existing tower and the center, pursuant to a site plan, of the proposed tower.

(c)

The height of the tower shall be measured as follows: the vertical distance between the highest point of the tower and the natural grade below such point.

(Prior Code, § 42.1140; Ord. No. 2671, § 1(42.1140), 5-24-2018)

(a)

Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA) and provisions of this Code. At time of construction of a tower, dual-mode lighting shall be requested from the FAA in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower. Any lighting shall not project onto surrounding residential property.

(b)

The telecommunications tower shall meet all applicable Federal Aviation Administration (FAA) standards and shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport.

(c)

The tower owner shall provide documentation, such as a signed affidavit, indicating that the power density levels do not exceed levels permitted by the FCC.

(Prior Code, § 42.1150; Ord. No. 2671, § 1(42.1150), 5-24-2018)

(a)

In the event the use of any tower has been discontinued for a period of one year, such tower shall be deemed abandoned.

(b)

The city shall provide the tower owner three months' notice and an opportunity to be heard before the planning and zoning commission before declaring the tower abandoned. In the event the tower owner provides evidence of intended use of the tower, an extension of no more than one year may be granted.

(c)

The city shall provide the tower owner with the right to a public hearing before the planning and zoning commission, which public hearing shall follow the three-month notice. All interested parties shall be allowed an opportunity to be heard at the public hearing.

(d)

After a public hearing is held pursuant to this section, the planning and zoning commission may order the removal or demolition of the tower. The planning and zoning commission's final decision shall be subject to judicial review pursuant to RSMo ch. 536.

(Prior Code, § 42.1160; Ord. No. 2671, § 1(42.1160), 5-24-2018)

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 new 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.

(Prior Code, § 42.1170; Ord. No. 2671, § 1(42.1170), 5-24-2018)

Any person violating this article 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.

(Prior Code, § 42.1180; Ord. No. 2671, § 1(42.1180), 5-24-2018)