(a)

Applicability. The requirements set forth in this article shall be applicable to all wireless communications facilities within the city installed, built, or modified after the effective date of this article to the full extent permitted by law. Such zoning review and approvals required in this article shall be in addition to any other generally applicable permitting requirement, including applicable building, excavation, or other right-of-way permits.

(1)

Principal or incidental use. Towers may be either a principal or incidental use in all commercial and industrial zoning districts, subject to any applicable 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 for a separate subdivided lot, including dedicated access, parking, setbacks, and lot size, applicable to a primary use in the district in which the use is proposed as if it was a separate subdivided lot. No other district shall allow towers unless required by law. All other wireless facilities other than towers, may be a principal or incidental use in all districts subject to the requirements herein.

(2)

Building codes, safety standards, and zoning compliance. Wireless communications facilities shall be constructed and maintained in compliance with all standards contained in applicable state and local building codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or any way alter, a support structure, a utility pole, or antenna, including small wireless facility and fast-track, unless waived upon application to the zoning administrator stating why such report is unnecessary to the specific application and a determination in the discretion of the zoning administrator approving such statement. In addition to any other approvals required by this article, no wireless communication facility or portion thereof shall be erected, replaced, or expanded prior to receipt of a certificate of zoning compliance, unless otherwise required by law, and the issuance of a building permit. For sites within city right-of-way:

a.

The most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the official zoning map;

b.

No application shall be submitted for permit approval without attaching the city's consent to use the right-of-way for the specific construction application, to the extent permitted by applicable law;

c.

Wireless communications facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the right-of-way or obstruct the legal use of such right-of-way by authorities or authorized right-of-way users; and

d.

Such use shall be required to obtain applicable permits and comply with the city's ROW management rules and regulations set forth in Chapter 36.

(3)

Regulatory compliance. All wireless communications facilities shall meet or exceed current standards and regulations of the FAA, FCC, and any other local, state, or federal agency with the authority to regulate wireless communications facilities, and including all required licenses, permits, and taxes applicable to such structure and/or modification. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction, or modification of any wireless communications facilities permitted by this article shall be granted for any applicant having an uncured violation of this article, any zoning regulation regarding the lot on which the structure is proposed, or any other governmental regulatory, licensing, or tax requirement applicable to such wireless communications facilities within the city unless preempted by applicable law.

(4)

Security. All wireless communications facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, alter, or modify wireless communications facilities. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the zoning administrator or by the city council in the case of a conditional use permit.

(5)

Lighting. Antenna, small wireless facilities, fast-track, and support structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build, alter, or modify the antenna, small wireless facilities, fast-track, or support structure. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the zoning administrator or city council on the approved site plan.

(6)

Advertising. Except for a disguised support structure in the form of an otherwise lawfully permitted sign, the placement of advertising on wireless communications facilities is prohibited other than identification signage or required safety signage of not greater than one square foot on ground equipment.

(7)

Design.

a.

Color. Subject to the requirements of the FAA or any applicable state or federal agency, wireless communications facilities and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the zoning administrator, or the city council in the case of conditional use permits, consistent with the requirements of this article. Unpainted galvanized steel support structures are not permitted.

b.

Ground equipment. When authorized, 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 or approved walled compound.

c.

Antenna design. Antenna attached to a disguised support structure or tower shall be contained within the disguised support structure or within or mounted flush on the surface of the tower to which they are mounted and architecturally integrated in a manner as to be visually unobtrusive. Antenna attached to an existing building, utility pole, or structure shall be of a color identical to the surface to which they are mounted. Antenna on the rooftop or attached to a building shall be screened or constructed and/or colored to match the structure to which they are attached and be located as far away as feasible from the edge of the building. All antenna shall be designed to be disguised and maximally concealed on or within the support structure, or other structure. Exposed antenna on "crow's nest" or other visible platforms or extensions are prohibited.

d.

Height. Support structures and antenna shall be no taller than necessary and shall not exceed the height limitation of any airport overlay zone as may be adopted by the city or other regulatory agency. Support structures may exceed underlying zoning district height restrictions for buildings and structures only where shown to be necessary, provided that no reasonable alternative exists. To the extent permitted by applicable law, district height restrictions shall be considered by the city in determining the appropriateness of the design and location of the application under the applicable standards for approval. No support structure shall be approved at a height exceeding 120 feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system.

e.

Monopole design. All towers shall be of a monopole design. Lattice, guyed towers, or other non-monopole tower designs shall not be permitted.

f.

Compound walls/landscaping. All towers shall be surrounded by a minimum of a six-foot high decorative wall constructed of brick, stone, or comparable masonry materials and a landscape strip of not less than ten 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 zoning administrator, or by the city council in the case of a conditional use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping or other improvements may be required for disguised support structures if needed to implement an approved disguise.

g.

Setbacks. All support structures, including any portions of any wireless communications facilities thereon and associated structures, fences, and walls (except for parking associated with the wireless communications facility) shall be separated from any public right-of-way, sidewalk or street, alley, parking area, playground, or other building, and from the property line of any adjacent property at least a horizontal distance equal to the height of the support structure, including any portions of any wireless communications facilities thereon, whichever is greater.

h.

Storage. Vehicle or outdoor storage on any wireless communications facilities site is prohibited, unless otherwise permitted by the zoning district.

i.

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

j.

Decorative poles. In districts where there are utility poles which were specifically designed for their aesthetic nature and compatibility with the built environment of that district, as determined by the city, such utility poles shall be deemed to be decorative utility poles. Such decorative utility poles, when authorized to be replaced by an applicant for wireless communications facilities pursuant to applicable law and in compliance with this article and Code, shall only be replaced with a substantially similar decorative utility pole which matches the aesthetics and decorative elements of the original decorative utility pole being replaced. such replacement expenses shall be bore wholly by the applicant seeking to place wireless communications facilities on such decorative utility pole.

(8)

Public property. Wireless communications facilities located on property owned, leased, or otherwise controlled by the city shall be subject to the requirements of this article. A license or lease with the city authorizing the location of such wireless communications facilities shall be required for each site.

(9)

As-built plans. Within 60 days of completion of the initial construction and any additional construction, two complete sets of plans drawn to scale and certified as accurately depicting the location of all wireless communications facilities constructed shall be furnished to the city.

(10)

Historic preservation; 30-day hearing period. To the extent permitted by law, approval shall not be issued for any wireless communications facility that the zoning administrator or city council determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a historic preservation district or such district as a whole. For collocation of any certified historic structure as defined in Section 253.545 RSMo, in addition to all other applicable time requirements, there shall be a 30-day time period before approval of an application during which one or more public hearings on collocation to a certified historic structure are held. The city may require reasonable, technically feasible and technological neutral deign and concealment measures as a condition of approval of a wireless communication facility within a historic district.

(b)

Administration. The zoning administrator shall have the authority to establish forms and procedures consistent with this article and applicable federal, state, and local law to ensure compliance and to facilitate prompt review and administration of applications.

(Ord. No. 9504, § 1(Exh. A), 3-18-2019)