Applicants for a wireless telecommunication facility that include a proposed new or enlarged wireless telecommunication support structure shall require a conditional use permit and site plan review approval. A proposed wireless telecommunication facility that includes a new wireless telecommunication support structure that is within a one (1) mile radius of any existing wireless telecommunication support structure(s) (regardless of political jurisdiction) shall only be conditionally permitted if the applicant states in its application that it conducted an analysis of available collocation opportunities on existing wireless telecommunication support structures within such radius and considered those if any were available.

If substantial modifications are proposed for any existing wireless telecommunication support structure which required a conditional use permit to be constructed, such modifications shall require a conditional use permit (or amended conditional use permit) and site plan review approval.

The following applications shall require site plan review and approval:

Because the above-mentioned types of proposed wireless telecommunication facilities do not require the construction of a new wireless telecommunication support structure, they shall not require a conditional use permit.

Within the City's residential zoning districts ("R-1," "R-1A," "R-2," "R-3," "R-4," "R-5" and "TGD"), stealth telecommunication towers shall be conditionally permitted at any non-residential site that has a residential zoning district classification (such as religious institutions, schools, fire stations, libraries, utility substations, cemeteries, parks, golf courses, etc.). Stealth telecommunication towers shall not exceed seventy-five (75) feet in height, and all wireless telecommunication antennas must be internal and completely concealed from view. Stealth telecommunication towers must conform to the established building setbacks for the zoning district in which they are situated and shall be set back a minimum distance equal to the fall line from the property line of any residentially zoned property or property used for residential purposes or property used for public assembly, such as churches, schools or fraternal organizations, etc.

Within the City's residential zoning districts ("R-1," "R-1A," "R-2," "R-3," "R-4," "R-5" and "TGD") and the residential areas within the City's Mixed-Use Traditional Development District (MUTDD), stealth telecommunication towers shall be conditionally permitted within the common ground of a residential subdivision with approval of the subdivision's homeowners' association. The residential subdivision's homeowners' association must be under the complete control of the residents of the subdivision. (Homeowners' associations under full or partial control of developers and/or home builders are not eligible). Stealth telecommunication towers shall not exceed seventy-five (75) feet in height, and all wireless telecommunication antennas must be internal and completely concealed from view. Stealth telecommunication towers within the common ground of a residential subdivision shall be set back a minimum distance equal to the fall line from any residential structure and from such uses as pools, picnic pavilions, sport courts, sport fields, playgrounds, etc., or property used for public assembly, such as churches, schools or fraternal organizations, etc.

Concealed Telecommunication Facilities. Concealed telecommunication facilities shall be permitted on any non-residential structure that is within a residential zoning district (such as religious institutions, schools, fire stations, libraries, utility substations, etc.). All wireless telecommunication antennas, electronic receiving and relay equipment and related equipment, such as cabling, back-up generators, batteries, etc., must be completely internal and completely concealed from view to a casual observer.

Disguised Antenna Telecommunication Facilities. Disguised antenna telecommunication facilities shall be permitted on any non-residential structure that is within a residential zoning district (such as a water towers, billboards, religious institutions, schools, fire stations, libraries, utility substations, etc.). Wireless telecommunication antennas shall not extend greater than five (5) feet beyond the edge of the structure to which they are attached. The wireless telecommunication antennas shall be camouflaged, screened, painted to match the existing structure or otherwise obscured so as not to be easily identifiable to a casual observer.

Stealth Telecommunication Towers. Stealth telecommunication towers shall not exceed one hundred twenty-five (125) feet in height, and all wireless telecommunication antennas must be internal and completely concealed from view. Stealth telecommunication towers must conform to the established building setbacks for the zoning district in which they are situated and shall be set back a minimum distance equal to the fall line from the property line of any residentially zoned property or property used for residential purposes or property used for public assembly, such as churches, schools or fraternal organizations, etc.

Monopole Telecommunication Towers. Monopole telecommunication towers with externally visible wireless telecommunication antennas shall not exceed one hundred twenty-five (125) feet in height. Monopole telecommunication towers must conform to the established building setbacks for the zoning district in which they are situated and shall be set back a minimum distance equal to the fall line from the property line of any residentially zoned property or property used for residential purposes or property used for public assembly, such as churches, schools or fraternal organizations, etc.

Concealed Telecommunication Facilities. Concealed telecommunication facilities shall be permitted on any non-residential structure that is within the City's commercial zoning districts ("C-O," "C-1," "C-2," "C-3" and, the High Tech Corridor District (HTCD), the Agricultural Zoning District (AG), the Park-Recreation Zoning District (P-R) and the non-residential sites within the City's Mixed-Use Traditional Development District (MUTDD). All wireless telecommunication antennas, electronic receiving and relay equipment and related equipment, such as cabling, back-up generators, batteries, etc., must be completely internal and completely concealed from view to a casual observer.

Disguised Antenna Telecommunication Facilities. Disguised antenna telecommunication facilities shall be permitted on any non-residential structure that is within the City's commercial zoning districts ("C-O," "C-1," "C-2," "C-3" and, the High Tech Corridor District (HTCD), the Agricultural Zoning District (AG), the Park-Recreation Zoning District (P-R) and the non-residential sites within the City's Mixed-Use Traditional Development District (MUTDD). Wireless telecommunication antennas shall not extend greater than five (5) feet beyond the edge of the structure to which they are attached. The wireless telecommunication antennas shall be camouflaged, screened, painted to match the existing structure or otherwise obscured so as not to be easily identifiable to a casual observer.

Stealth Telecommunication Towers. Stealth telecommunication towers shall not exceed one hundred fifty (150) feet in height, and all wireless telecommunication antennas must be internal and completely concealed from view. Stealth telecommunication towers must conform to the established building setbacks for the zoning district in which they are situated and shall be set back a minimum distance equal to the fall line from the property line of any residentially zoned property or property used for residential purposes or property used for public assembly, such as churches, schools or fraternal organizations, etc.

Monopole Telecommunication Towers. Monopole telecommunication towers with externally visible wireless telecommunication antennas shall not exceed one hundred fifty (150) feet in height. Monopole telecommunication towers must conform to the established building setbacks for the zoning district in which they are situated and shall be set back a minimum distance equal to the fall line from the property line of any residentially zoned property or property used for residential purposes or property used for public assembly, such as churches, schools or fraternal organizations, etc.

Guyed Telecommunication Towers And Lattice Telecommunication Towers. Guyed telecommunication towers and lattice telecommunication towers with externally visible wireless telecommunication antennas shall not exceed one hundred fifty (150) feet in height. Guyed telecommunication towers (including the guy wires and ground anchors) and lattice telecommunication towers must conform to the established building setbacks for the zoning district in which they are situated and shall be set back a minimum distance equal to the fall line from the property line of any residentially zoned property or property used for residential purposes or property used for public assembly, such as churches, schools or fraternal organizations, etc.

Concealed Telecommunication Facilities. Concealed telecommunication facilities shall be permitted on any non-residential structure that is within the City's industrial zoning districts ("I-1" and "I-2"). All wireless telecommunication antennas, electronic receiving and relay equipment and related equipment, such as cabling, back-up generators, batteries, etc., must be completely internal and completely concealed from view to a casual observer.

Disquised Antenna Telecommunication Facilities. Disguised antenna telecommunication facilities shall be permitted on any non-residential structure that is within the City's industrial zoning districts ("I-1" and "I-2"). Wireless telecommunication antennas shall not extend greater than five (5) feet beyond the edge of the structure to which they are attached. The wireless telecommunication antennas shall be camouflaged, screened, painted to match the existing structure or otherwise obscured so as not to be easily identifiable to a casual observer.

Right To Modify Regulations And/Or Impose Additional Requirements And Conditions. In granting site plan approval and/or a conditional use permit for a proposed wireless telecommunication facility, the Planning and Zoning Commission and/or City Council may impose any additional requirements or conditions deemed necessary to minimize any adverse effect of the proposed wireless telecommunication facility on adjoining properties or the general health, safety and welfare of the inhabitants of the City and adjacent communities. In addition, in granting site plan approval and/or a conditional use permit for a proposed wireless telecommunication facility, the Planning and Zoning Commission and/or City Council may modify any of the requirements of this Article deemed to constitute an unnecessary hardship on the applicant without the need for a variance(s) through the City's Board of Adjustment if it is determined that it shall not adversely affect the general health, safety and welfare of the inhabitants of the City and adjacent communities. By allowing the Planning and Zoning Commission and/or City Council to modify any of the requirements of this Article deemed to constitute an unnecessary hardship on the applicant, this would no longer place the burden upon the Planning and Zoning Commission and/or City Council of having to decide whether a proposed wireless telecommunication facility should be approved contingent upon receiving a variance(s) through the Board of Adjustment. This would also no longer place the burden upon the Board of Adjustment of having to decide whether or not to grant the requested variance(s) on a proposed wireless telecommunication facility that it has limited familiarity with that was approved by the Planning and Zoning Commission and/or City Council contingent upon receiving the requested variance(s).

Capacity Of Wireless Telecommunication Facilities. All new wireless telecommunication support structures over fifty (50) feet in height shall be designed to accommodate the maximum number of wireless telecommunication antennas that is proportional to the type and height of said wireless telecommunication support structure as determined by the applicant's licensed engineer and shall be attested to in his or her application.

Measurement Of The Height And Distance Requirements For Wireless Telecommunication Support Structures. The height of a wireless telecommunication support structure shall be measured from the existing grade of the base of the wireless telecommunication support structure to the top of the wireless telecommunication support structure or, if higher, to the top of the highest wireless telecommunication antenna mounted on said wireless telecommunication support structure. The distance of a wireless telecommunication support structure from another wireless telecommunication support structure shall be measured from the center of the bases of the wireless telecommunication support structures. The distance of a wireless telecommunication support structure from a residentially zoned property or property used for residential purposes shall be measured from the center of the wireless telecommunication support structure to the property line of any residentially zoned property or property used for residential purposes.

Design Of Wireless Telecommunication Facilities. Wireless telecommunication facilities shall be constructed of non-reflective materials and colors that match or blend with the surrounding natural or built environment to minimize visibility. Unless otherwise required, muted colors, earth tones and subdued hues shall be used. Wireless telecommunication antennas that are external shall be camouflaged, screened, painted or otherwise obscured so as not to be easily identifiable to a casual observer. Rooftop-mounted antenna telecommunication facilities shall only be erected on buildings and structures with a flat roof and shall be set back from the edge of the building or structure no less than one (1) foot for every one (1) foot of vertical height of the wireless telecommunication antenna and shall be screened so as not to be readily visible from surrounding properties. Stealth telecommunication towers in the form of artificial trees must resemble trees native to this region that hold their leaves or needles during the winter, including, but not limited to, evergreens such as pine and spruce trees. Stealth telecommunication towers in the form of artificial trees shall be compatible in size and scale with the surrounding natural environment, and all wireless telecommunication antennas must be completely internal and completely concealed from view.

Design Of Wireless Telecommunication Equipment Shelters, Enclosures And Cabinets. Equipment and other supplies in support of wireless telecommunication facilities shall be stored inside a wireless telecommunication equipment shelter, enclosure or cabinet at least equal in height to the equipment to be stored within said wireless telecommunication equipment shelter, enclosure or cabinet. The equipment shelter, enclosure and cabinets and other ground facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings and the surrounding natural or built environment. The Planning and Zoning Commission and/or the City Council shall make reasonable requirements and permit conditions with respect to the type, design, size and appearance of all wireless telecommunication equipment shelters, enclosures or cabinets and other ground facilities. Wireless telecommunication equipment shelters, enclosures or cabinets placed within underground vaults are encouraged and may be required by the Planning and Zoning Commission and/or City Council. All wireless telecommunication equipment shelters, enclosures and cabinets shall be located where they will be least visible from surrounding properties. All wireless telecommunication equipment shelters, enclosures and cabinets must conform to the established building setbacks for the zoning district in which they are situated. No equipment, including, but not limited to, GPS antennas, lights, cables or cable racks, etc., shall extend above or be mounted on the outside of any equipment shelter, enclosure or cabinet. All access points shall be equipped with a sight-proof gate the same height of the enclosure.

Landscaping And Fencing. Wireless telecommunication equipment shelters and cabinets and other ground facilities may be required by the Planning and Zoning Commission and/or City Council to be enclosed with security fencing and/or sight-proof fencing. Landscaping may be required by the Planning and Zoning Commission and/or City Council around the perimeter of the fencing to aid in the visual screening of the wireless telecommunication equipment shelters, enclosures and cabinets. A minimum six (6) foot tall security fence with an appropriate anti-climbing device shall be placed around the perimeter of all lattice towers and guyed towers (including the guy wires and anchors). Landscaping at least equal in height to the security fencing may be required by the Planning and Zoning Commission and/or City Council around the perimeter of the security fencing of all lattice towers and guyed towers. The Planning and Zoning Commission and/or City Council may require fencing and/or landscaping around the perimeter of stealth telecommunication towers and monopole telecommunication towers if deemed necessary to visually screen and/or provide security around the wireless telecommunication support structures.

Lighting Of Wireless Telecommunication Support Structures. Beacon lights shall not be permitted on the top of wireless telecommunication support structures except as required by the Federal Aviation Administration. Ground-mounted lighting of flagpoles in the form of stealth telecommunication towers shall be required for all flags flown at night. Other forms of lighting may be permitted by the Planning and Zoning Commission and/or City Council.

Access And Parking. Paved access shall be provided to all wireless telecommunication equipment shelters, enclosures and cabinets and to all wireless telecommunication support structures. A minimum of one (1) paved parking space may be required on-site for each two (2) wireless telecommunication service providers the wireless telecommunication facility is designed to support.

Maintenance, Construction And Operation. Licensed maintenance and construction personnel shall perform all maintenance and construction of wireless telecommunication facilities. Wireless telecommunication service providers shall at all times 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. Operators shall install and maintain wireless telecommunication facilities and equipment in full compliance with the requirements of the National Electric Safety Code and all Federal Communication Commission, State and City regulations. All wireless telecommunication facilities shall at all times 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. Wireless telecommunication facilities shall be operated in a manner that will minimize noise impacts. All air-conditioning units and any other equipment that may emit noise shall be enclosed or equipped with noise attenuation devices. Back-up generators shall only be operated during periods of power outages or for routine daytime testing.

Removal Of Abandoned Wireless Telecommunication Facilities. Any wireless telecommunication facility that is no longer in service for any reason for six (6) consecutive months shall be deemed abandoned and hazardous to the public health and safety. In the case of multiple operators sharing use of a wireless telecommunication facility, this provision shall not become effective until all users cease operations. Determination of the date of abandonment shall be made by the Director of Planning and Development based upon documentation provided from the owner/operator of the wireless telecommunication facility and/or the Federal Communication Commission as to the date the said wireless telecommunication facility ceased operation. Any wireless telecommunication facility that is deemed abandoned shall be removed at the owner/operator's expense and the site restored to a natural state. The owner/operator shall be given ninety (90) days from the date of abandonment to remove the wireless telecommunication facility. If the owner/operator fails to remove said wireless telecommunication facility within ninety (90) days from the date of abandonment, the City shall cause the removal of the wireless telecommunication facility and the restoration of the site to its natural state, the cost of which shall be billed to the owner/operator. In any legal action to recover any delinquent payments, the City shall recover its costs and attorney fees.

Pre-Existing Wireless Telecommunication Support Structures. An inventory of all wireless telecommunication support structures that exist within the City and within a one (1) mile radius of the City shall be maintained by the Planning and Development Department. Wireless telecommunication support structures that are not in compliance with this Article that exist prior to the effective date of this Article shall be considered a legal non-conforming use subject to the provisions of Article VIII, Non-Conforming Uses; provided, however, that collocation and replacements may be made to such structure in accordance with this Article.

Applicants for a wireless telecommunication facility that include a proposed new or enlarged wireless telecommunication support structure and substantial modifications to such structures shall require a conditional use permit and site plan review approval.

Applicants for the following shall require site plan approval:

Applicants for collocations and replacements not deemed substantial modifications shall require administrative site plan approval. Neither review and approval by the Planning and Zoning Commission nor a conditional use permit are required.

Pre-Application Conference. Prior to the submittal of any of the above-listed application(s), it is highly recommended that the applicant request and attend a pre-application conference with the staff of the City's Planning and Development Department. The purpose of the pre-application conference is to:

A completed conditional use permit application with all the required accompanying information listed on the application checklist. If the applicant is not the owner of the parcel of land upon which the wireless telecommunication facility is proposed, the applicant shall submit, as part of the application, a copy of the lease or the written consent of the owner and the name, address, and telephone number of the owner. Note: Conditional use permit applications are subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within thirty (30) days of the date of the submission of the application.

For any wireless telecommunication facility that includes a new wireless telecommunication support structure that is within a one (1) mile radius of any existing wireless telecommunication support structure(s) (regardless of political jurisdiction), the applicant shall state in its application that it conducted an analysis of available collocation opportunities on existing wireless telecommunication support structures within such radius and considered those if any were available.

A completed site plan application with all the required accompanying information listed on the application checklist. If the applicant is not the owner of the parcel of land upon which the wireless telecommunication facility is proposed, the applicant shall submit, as part of the application, a copy of the lease or the written consent of the owner and the name, address, and telephone number of the owner. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within thirty (30) days of the date of the submission of the application.

In addition to information required to be shown on the site plan per Section 400.580 of the Zoning Code, the site plan, drawn to a scale that is easily readable, shall clearly indicate:

Written, technical report from a licensed professional engineer that the proposed wireless telecommunication facility meets the standards set forth in Section 400.860 of this Article.

Color photo simulations showing the proposed site of the wireless telecommunication facility with a photo-realistic representation of the proposed wireless telecommunication support structure and wireless telecommunication antennas as it/they would appear viewed from all sides of the site. The color photo simulations shall show the proposed wireless telecommunication facility and all proposed landscaping, fencing and other methods of screening.

Material and color samples shall be provided of the proposed wireless telecommunication support structure, wireless telecommunication antennas and wireless telecommunication equipment shelter, enclosure or cabinet at the meetings of the Planning and Zoning Commission and City Council.

Time Period For Consideration Of Application. The Planning and Zoning Commission and the City Council shall, within one hundred twenty (120) calendar days following submission of an application under this section or other time period mutually agreed upon by the applicant and the City, review the application and make its final decision to approve or deny the application and advise the applicant in writing of its final decision. If no action is taken within the required time period, the application shall be deemed approved.

A completed site plan application with all the required accompanying information listed on the application checklist. If the applicant is not the owner of the parcel of land upon which the wireless telecommunication facility is proposed, the applicant shall submit, as part of the application, a copy of the lease or written consent of the owner and the name, address, and telephone number of the owner. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within thirty (30) days of the date of the submission of the application.

In addition to Information required to be shown on the site plan per Section 400.580 of the Zoning Code, the site plan shall clearly indicate:

Written, technical report from a licensed professional engineer that the proposed wireless telecommunication facility meets the standards set forth in Section 400.860 of this Article.

Color photo simulations showing the proposed site of the wireless telecommunication facility with a photo-realistic representation as it would appear viewed from all sides of the site. The color photo simulations shall show the proposed wireless telecommunication facility and all proposed landscaping, fencing and other methods of screening.

Material and color samples shall be provided of the proposed concealed telecommunication facility, wireless telecommunication antennas and wireless telecommunication equipment shelter, enclosure or cabinet at the meetings of the Planning and Zoning Commission and City Council.

Time Period For Consideration Of Application. The Planning and Zoning Commission and the City Council shall, within one hundred twenty (120) calendar days following submission of an application under this section or other time period mutually agreed upon by the applicant and the City, review the application and make its final decision to approve or deny the application and advise the applicant in writing of its final decision. If no action is taken within the required time period, the application shall be deemed approved.

A completed site plan application with all the required accompanying information listed on the application checklist. If the applicant is not the owner of the parcel of land upon which the wireless telecommunication facility is proposed, the applicant shall submit, as part of the application, a copy of the lease or written consent of the owner and the name, address, and telephone number of the owner. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within fifteen (15) days of the date of the submission of the application.

In addition to information required to be shown on the site plan per Section 400.580 of the Zoning Code, the site plan shall clearly indicate:

Written, technical report from a licensed professional engineer that the proposed wireless telecommunication facility meets the standards set forth in Section 400.860 of this Article.

Color photo simulations showing the proposed site of the wireless telecommunication facility with a photo-realistic representation as it would appear viewed from all sides of the site. The color photo simulations shall show the proposed wireless telecommunication facility and all proposed landscaping, fencing and other methods of screening.

Material and color samples shall be provided of the proposed disguised telecommunication facility, wireless telecommunication antennas and wireless telecommunication equipment shelter or cabinet.

No administrative collocation or replacement shall result in an increase of the structure itself or any appurtenance to a height which exceeds the maximum height for such structure in the particular zoning district.

No administrative collocation or replacement shall result in an increase of the width of the structure.

No administrative collocation or replacement shall result in the placement of exterior appurtenances on the structure where such exterior appurtenances are prohibited within the zoning district.

The proposed collocation of additional wireless telecommunication antennas on and replacement of components of a legal non-conforming wireless telecommunication support structure shall only require administrative site plan approval. In reviewing the site plan, the Planning and Zoning Commission may impose any of the requirements of this Article deemed necessary to minimize any adverse effect of the wireless telecommunication facility on adjoining properties or the general health, safety and welfare of the inhabitants of the City and adjacent communities.

Time Period For Consideration Of Application. The Department shall, within forty-five (45) calendar days following submission of an application under this Section or other time period mutually agreed upon by the applicant and the City, review the application and make its final decision to approve or deny the application and advise the applicant in writing of its final decision. If no action is taken within the required time period, the application shall be deemed approved.

Applicants seeking to install an antenna and related equipment to a certified historic structure as defined in Section 253.545, RSMo., shall obtain a certificate of appropriateness from the Historic Preservation Commission and site plan review approval. All applications under this Section shall be the subject of at least one (1) public hearing held by either the Historic Preservation Commission or the Planning and Zoning Commission.

Pre-Application Conference. Prior to the submittal of an application for installation of an antenna on a certified historic structure, it is highly recommended that the applicant request and attend a pre-application conference with the staff of the City's Planning and Development Department and representatives of the City's Historic Preservation Commission. The purpose of the pre-application conference is to:

Certificate Of Appropriateness. Applicants shall submit an application for a certificate of appropriateness in accordance with Section 120.460 of the Municipal Code. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within thirty (30) days of the date of the submission of the application.

Site Plan Approval. The applicant shall submit a completed site plan application with all the required accompanying information listed on the application checklist. If the applicant is not the owner of the parcel of land upon which the wireless telecommunication facility is proposed, the applicant shall submit, as part of the application, a copy of the lease or written consent of the owner and the name, address, and telephone number of the owner. The application shall be deemed complete unless the Commission notifies the applicant of any deficiencies in writing within thirty (30) days of the date of the submission of the application.

Public Hearing. All applications submitted under this Section shall be subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code.