(1)

Administrative approval. The placement of wireless communications facilities fully conforming with the general requirements in this article are permitted in all zoning districts by administrative permit approved by the director only as follows:

a.

Disguised support structures. The construction of a disguised support structure, provided that all related equipment shall be placed underground or concealed within the structure. Equipment may be placed in an appropriately concealed cabinet if the disguised support structure is incidental to an industrial, commercial, or other nonresidential use and fits with the natural built environment of the disguised support structure. Any disguised support structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation and corresponding covenant recorded on the property that runs with the land to the benefit of the city on behalf of the public, prohibiting modifications to the disguised support structure that eliminate or are materially detrimental to the disguise, unless such proposed modification is approved by a duly authorized zoning or special use approval. If the applicant does not wish to have such a covenant, the application shall not qualify for administrative permit approval, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently eliminated or materially detrimentally altered. A disguised support structure proposed to be located within a public or private right-of-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 or other application reasons.

b.

"Fast-track" small wireless facilities. An application for a "fast-track" small wireless facility 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" small wireless facilities 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 or more of the maximum volumetric or height specifications from the definition of a "fast-track" by up to fifty (50) per cent 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.

The director may further waive one or more of the requirements found in the definition of "fast-track", or from i. general requirements; or ii. 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, and keeps with the spirit and intent of, the purposes of this article; provided, however, that any application requesting a waiver to allow for the placement of a wholly new utility pole or support structure may only be approved by the city council, upon the same standard outlined herein. The burden of proof for any waiver shall be wholly on the applicant and must be shown by clear and convincing evidence.

c.

Notwithstanding any provision of this article, if in the discretion of the director, a wireless communications facility has a significant visual impact on any property or properties within the historic preservation overlay district, such wireless communications facility shall not be eligible for approval by administrative permit under this section 30-82.3, and shall be authorized for approval only if the wireless communications facility satisfies the requirements for a special use permit pursuant to section 30-82.4. Where the director has made such a determination under this subdivision, the applicant shall be notified, and the applicant shall submit such additional information as may be required to reach a final decision pursuant to the special use permit requirements.

(2)

Application procedures. Applications for administrative permits shall be made on the appropriate forms to the director consistent with the requirements of this article. 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 five hundred dollars ($500.00) as required to partly cover the city's actual costs, but 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, public right-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;

iii.

Specifications, dimensions, photos, or drawings of the completed installation;

iv.

Proof of owner consent as required by section 30-82;

v.

Certified structural analysis as required in the general requirements of this article;

vi.

If the applicant is not a wireless services provider, then 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 year of the permit's issuance date; and

vii.

All other information necessary to show compliance with the applicable requirements of this article.

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 article; and

ii.

Information demonstrating that the applicant's proposed plans are in compliance with Section 67.5113.3(9) 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. An application shall not be deemed complete until satisfaction of all application requirements and submission of all requested information as provided herein.

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 his/her 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 article. The director may consider the purposes of this article and the factors established herein for granting a special use permit as well as any other considerations consistent with the article. A decision to deny an application shall be made in writing and state the specific reasons for the denial.

(Ord. No. 11006, § II(Exh. A), 12-17-18; Ord. No. 11307,, § I, 10-26-20)