Lake Waukomis, MO Zoning Ordinance

Section 400.260 Regulations Governing The Installation and Operation of Telecommunication Antennas and Towers.

[Ord. No. 243 §1, 8-12-1998]

As used in this Article, the following terms shall have the meanings indicated:

ANTENNA

Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

APPLICANT

The property owner and the telecommunication company.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

GOVERNING AUTHORITY

The Zoning Commission and the Board of Aldermen of the City of Lake Waukomis.

HEIGHT

When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

MONOPOLE

A structure composed of a single spire used to support telecommunications equipment.

PRE-EXISTING TOWERS AND ANTENNAS

Shall have the meaning set forth in Section 400.270(C) of this Chapter.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Section 400.270 Applicability.

[Ord. No. 243 §2, 8-12-1998]

District Height Limitations. The requirements set forth in this Article shall govern the location of towers that exceed and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

Amateur Radio — Receive-Only Antennas. This Article shall not govern any tower or the installation of any antenna that is under seventy (70) feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Pre-Existing Towers And Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Article of the Municipal Code shall not be required to meet the requirement of this Article, other than the requirements of Sections 400.290(E) and Section 400.310. Any such towers or antennas shall be referred to in this Article as "pre-existing towers" or "pre-existing antennas".

Destruction Of A Pre-Existing Tower. No pre-existing tower which has been damaged by any cause whatsoever to the intent of more than fifty percent (50%) of the fair market value of the facility, immediately prior to damage, shall be restored except in conformity with the regulations of this Title and all rights as a non-conforming use are terminated. If a tower is damaged by less than fifty percent (50%) of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within three (3) months of the date of such damage.

Section 400.280 General Guidelines and Requirements.

[Ord. No. 243 §3, 8-12-1998]

Purpose — Goals. The purpose of this Article is to establish general guidelines for the siting of towers and antennas. The goals of this Article are to:

Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community,

Encourage the joint use of new and existing tower sites,

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal,

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

Inventory Of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Commission an inventory of its existing towers that are either within the jurisdiction of the City of Lake Waukomis or within five (5) miles of the border thereof, including specific information about the location, height and design of each tower. The Zoning Commission may share such information with other applicants applying for administrative approvals or conditional use permits under this governing authority, provided however, that the Zoning Commission is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Aesthetics — Lighting. The guidelines set forth in this Section 400.280(D) shall govern the location of all towers and the installation of all antennas governed by this Article, provided however, that the Zoning Commission may waive these requirements if it determines that the goals of this Article are better served thereby.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment. Metal equipment buildings are prohibited.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Towers shall be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Zoning Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the Federal Government with the authority to regulate towers and antennas.

Building Codes — Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City of Lake Waukomis may remove such tower at the owner's expense.

Section 400.290 Conditional Use Permits.

[Ord. No. 243 §4, 8-12-1998]

General. The following provisions shall govern the issuance of conditional use permits:

A conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

In granting a conditional use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. The term of the conditional use permit may be limited.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

Information Required. Each applicant requesting a conditional use permit under this Article shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation signed and sealed by appropriate licensed professionals showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed by the Zoning Commission to be necessary to assure compliance with this Article.

Technical Review. The telecommunication industry uses various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of a telecommunication facility, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances there may be a need for expert review by a third (3rd) party of the technical data submitted by the telecommunication provider. The Zoning Commission and/or Board of Aldermen may require such a technical review, to be paid for by the applicant, for the telecommunication facility. Selection of the third (3rd) party expert may be by mutual agreement among the applicant and interested parties or at the discretion of the City, with a provision for the applicant and interested parties to comment on the proposed expert(s) and review qualifications.

Criteria Considered In Granting Conditional Use Permits. The Zoning Commission shall consider the following factors in determining whether to issue a conditional use permit, although the Zoning Commission may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Zoning Commission concludes that the goals of this Article are better served thereby.

The maximum height of a tower shall not exceed one hundred ninety-nine (199) feet above the existing ground level.

Telecommunication facilities should be located and designed to minimize any adverse effect they may have on residential property values.

The use of compatible colors and facility designs should be compatible with surrounding buildings and/or uses in the area or those likely to exist in the area and should prevent the facility from dominating the surrounding area.

Location and design of sites in commercial or industrial zones should consider the impact of the site on the surrounding neighborhood, particularly the visual impact within the zone district and area residential uses.

Fencing should not necessarily be used to screen a site and security fencing should be colored or should be of a design which blends into the character of the existing environment.

Freestanding facilities should be located to avoid a dominant silhouette.

White lights and strobe lights are prohibited at night.

Access drives to the site must be asphalt or concrete at least twelve (12) feet wide.

Telecommunication facilities and towers shall not have any signage for business identification or advertising attached or incorporated into pole or base.

Facilities should be architecturally compatible with surrounding buildings and land uses in the zone district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.

At the time of the conditional use request an evaluation of the visual impact should be taken into consideration if vegetation is to be removed.

Innovative designs should be used whenever the screening potential of the site is low. For example, by constructing screening structures which are compatible with surrounding architecture, the visual impact of a site may be mitigated.

Roof and/or building-mount facility. Antennas on the rooftop or above a structure shall be screened, constructed and/or colored to match the structure to which they are attached. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Microwave antennas exceeding twelve (12) inches in diameter on a roof or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character and color. (All antennas and structures must comply with adopted building codes.)

Minimum setbacks for microcell and repeaters are those required for any accessory building or structure within the applicable standard zone district.

Minimum setback for towers and supports when located within two hundred fifty (250) feet of any property zoned for residential land use: the tower height plus twenty-five (25) feet from the property line of any property zoned for residential land use or any area designated by the City of Lake Waukomis for recreational use, including playgrounds, ballparks, tennis courts, basketball courts and public bathrooms.

The structure must be architecturally and visually (color, bulk, size) compatible with surrounding existing buildings, structures, vegetation and/or uses in the area or those likely to exist under the terms of the underlying zoning.

Accommodation Of Other Telecommunication Providers. When the construction of a tower is approved, the applicant must, in the future, reasonably accommodate other telecommunication providers' proposed antennas. The owner with an existing tower or other structure may include reasonable fees, costs or contractual provisions of the new applicant in order to share the existing tower or structure or to adapt an existing tower or structure for sharing. Costs exceeding new tower development are presumed to be unreasonable. Before the owner of an existing tower or other structure can deny the use of that existing tower or structure to other telecommunication providers, the owner must demonstrate to the reasonable satisfaction of the Zoning Commission that sharing its existing tower or other structure with other telecommunication providers is not reasonable.

Availability Of Suitable Existing Towers Or Other Structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Commission that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs or contractual provisions required by the owner, in order to share an existing tower or structure or to adapt an existing tower or structure for sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

Setbacks And Separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a conditional use permit is required, provided however, that the Zoning Commission may reduce the standard setbacks and separation requirements if the goals of this Article would be better served thereby.

Towers must be set back a distance equal to the height of the tower plus twenty-five (25) feet from the property line of any property zoned for residential land use or any area designated by the City for recreational use, including playgrounds, ballparks, tennis courts, basketball courts and public bathrooms.

Towers and accessory facilities must satisfy the minimum zoning district setback requirements.

In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety (90) feet in height shall not be located within one-quarter (¼) of a mile from any existing tower that is over ninety (90) feet in height.

Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the governing authority may waive such requirements as it deems appropriate.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required, provided however, that the Zoning Commission may waive such requirements if the goals of this Article would be better served thereby.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip, at least four (4) feet wide, outside the perimeter of the compound.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

Section 400.300 Implementation Policies.

[Ord. No. 243 §5, 8-12-1998]

Community Notification. Prior to and subsequent to site application submittal, the applicant shall offer to meet informally with community groups and interested individuals who reside within the vicinity (including adjacent landowners and registered homeowner associations) to explain the site development concept proposed in the application. The purpose of these meetings is to solicit suggestions from these groups about the applicant's proposed site design and impact mitigation measures. The industry needs to make a concerted effort to incorporate the community suggestions for impact mitigation generated by these meetings and report on their efforts in the hearings on the site application. The industry should be prepared to discuss technical and visual aspects of alternative sites as applicable at these informal meetings.

Section 400.310 Abandonment.

[Ord. No. 243 §6, 8-12-1998]

It shall be the duty of the facility owner to notify the City when the site is no longer to be used for telecommunication purposes. Telecommunication facilities, which are not in use for six (6) months for telecommunication purposes, shall be removed by the telecommunication facility owner. This removal shall occur within ninety (90) days of the end of such six (6) month period. Upon removal the site shall be revegetated to blend with the existing surrounding vegetation.