(a)

Permitted use. The placement of wireless communications facilities fully conforming with the general requirements in this article are permitted in all zoning districts only as follows:

(1)

Collocations on existing support structures. The attachment of additional or replacement complying antenna or equipment to any existing fully conforming support structure or as otherwise authorized by state or federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in section 46-500.

(2)

Antenna on high-voltage towers. The mounting of antenna on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten feet, provided that all requirements of this article and the underlying zoning ordinance are met, except minimum setbacks provided in this article shall not apply.

3.

Antenna on existing buildings/structures. In all districts, except not on single-family residential or two-family dwellings, the mounting of antenna on any existing and conforming building or structure (other than a support structure or utility pole) provided that the presence of the antenna and equipment is concealed by architectural elements or fully camouflaged or concealed by painting a color identical to the surface to which they are attached, and further provided that all requirements of this article and the underlying zoning ordinance are met.

(4)

Collocation of small wireless facilities on utility poles. In accordance with Section 67.5112 RSMo, a wireless provider may collocate small wireless facilities and install, maintain, modify, operate, and replace utility poles, at heights below the height limitations outlined in this article, which shall be a permitted use in all districts except within single-family residential and historic districts provided the proposed installation does not:

a.

Materially interfere with the safe operation of traffic and control equipment or city-owned communications equipment;

b.

Materially interfere with compliance with the American Disabilities Act, or similar federal or state standards regarding pedestrian access or movement;

c.

Materially obstruct or hinder the usual travel or public safety on the rights-of-way;

d.

Materially obstruct the legal use of the rights-of-way by the city, utility, or other third-party;

e.

Fail to comply with the spacing requirements within subsection 36-20(2)(b);

f.

Fail to comply with applicable national safety codes, including recognized engineering standards for utility poles or support structures;

g.

Fail to comply with the decorative pole replacement requirements herein;

h.

Fail to comply with undergrounding requirements within subsection 36-20(2)(b); or

i.

Interfere or impair the operation of existing utility facilities, or city or third-party attachments.

New, replacement, or modification of utility poles under the following circumstances shall not be considered a permitted use under this section: (1) proposals to construct or modify a utility pole which exceeds the greater of: (a) fifty feet AGL; or (b) more than ten feet above the tallest existing utility pole as of January 1, 2019 within 500 feet of the proposed utility pole in the city; and (2) proposals to collocate on an existing utility pole in place on August 28, 2018 which exceeds the height of the existing utility pole by more than ten feet.

(b)

Application procedure. Application for a permitted use under this section shall require submission of an application with proof of owner consent as required by section 46-499 and an application fee of $500.00 as required to partly cover the city's actual costs, but not to exceed such amounts as may be limited by law. 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. For any application for a small wireless facility, the applicant shall provide an attestation that the proposed small wireless facility complies with the volumetric limitations as required to meet the definition of a small wireless facility in accordance with this article and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the general 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. The zoning administrator shall issue a decision on the application for a permitted use within the time-frame permitted by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for the denial.

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