Strafford City Zoning Code
ARTICLE XXI
Telecommunication Towers
Section 400.940 Legislative Findings.
[Ord. No. 659 §1, 5-2-2011]
A.
On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-458. The purpose of the Act is to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States.
1.
A concomitant effect of increased competition in the market for wireless telecommunications services is an increased demand for antenna sites on towers and other antenna support structures necessary for providing wireless service.
2.
New personal wireless telecommunications technologies, such as personal communication systems or (PCS) require antenna sites to be denser than previous technologies required. However, due to the uniqueness of the wireless telecommunications industry and constantly changing technology, local regulatory efforts must be sufficiently flexible to allow for the continuing development of the wireless telecommunications industry.
3.
The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures and telecommunications facilities and to protect the health, safety and welfare of the public and which is granted to the City under the Constitution and Statutes of the State of Missouri and the Charter.
4.
Consistent with the Telecommunications Act of 1996, regulations of towers and telecommunications facilities in certain areas of the City of Strafford as provided in this Article will not have the effect of prohibiting any person from providing wireless telecommunications services.
6.
The uncontrolled proliferation of towers in the City of Strafford could diminish property values, the aesthetic quality of the City and could otherwise threaten the health, safety and welfare of the public.
Section 400.945 Legislative Purposes.
[Ord. No. 659 §1, 5-2-2011]
A.
The general purpose of this Section is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Strafford.
B.
Specifically, the purposes of the Section are:
1.
To direct the location of towers and telecommunications facilities in the City.
2.
To protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities.
3.
To minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
4.
To promote and encourage shared use/collection of towers and antenna support structures as a primary option rather than construction of additional single-use towers.
5.
To avoid potential damage to adjacent properties caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed.
6.
To the greatest extent feasible, ensure that towers and telecommunications facilities are compatible with surrounding land uses.
7.
To the greatest extent feasible, ensure that proposed towers and telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.
8.
To create a licensing process which allows the City to more efficiently administer this Section.
Section 400.950 Applicability.
[Ord. No. 659 §1, 5-2-2011]
A.
All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City of Strafford, Missouri at the time of passage of this Article, shall be registered with the City within sixty (60) days from the effective date hereof together with the height, width and location thereof and a registration fee of fifty dollars ($50.00). Failure to register an existing tower shall raise a presumption that said tower was not a legal non-conforming use on the date of passage of this Article. However, this Article shall not apply to tower structures used, or to be used, solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission or to towers and antennas used for private telecommunications services when the equipment is located on the premises of the entity using said private telecommunication service, or the towers and antennas, support structure or masts are located on the primary business premises of a provider of communications services if used to monitor the provider's services and the equipment used by the broadcaster, private telecommunicator or provider is in compliance with any Federal, State, or local laws, and does not encroach on the public rights-of-way.
B.
Except as provided in this Section, any current legal use being made of an existing tower or antenna support structure on the effective date of this Section (herein "non-conforming structures") shall be allowed to continue, even if in conflict with the terms of this Section. Any tower site that has received City approval in the form of either a conditional use permit or building permit, but has not yet been constructed or located, shall be considered a non-conforming structure so long as such approval is current and not expired.
Section 400.955 Definitions.
[Ord. No. 659 §1, 5-2-2011]
For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and not mandatory.
The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may, from time to time, be amended.
The City of Strafford City Administrator or other designee.
Any building or other structure, other than a tower, which can be used for location of telecommunications facilities.
The process by which an applicant submits a request and indicates a desire to be granted a license to construct, own or operate a tower within the City. An application includes all written documentation made by an application to the City concerning such a request.
The Strafford Board of Aldermen.
The City of Strafford, a municipal corporation, in the State of Missouri, acting by and through its City Administrator or his designee.
City of Strafford Code of Ordinances.
The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.
Any engineer licensed by the State of Missouri.
The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
The actual location of the tower.
Any tower or telecommunications facilities which are designated to blend into the surrounding environment.
Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the FCC which a person seeks to locate or has installed upon a tower or antenna support structure. However, the term telecommunications facilities shall not include:
Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned and used for industrial or commercial purpose;
Any satellite earth station one (1) meter or less in diameter, regardless of zoning category.
Any satellite earth station in excess of two (2) meters in diameter, which is utilized for the reception of broadcast television, video, or radio signals and which is an ancillary use to a structure on the premises of the holder of the broadcast license.
A self-supporting lattice, guyed or monopole structure constructed from grade, which supports telecommunications facilities. The term tower shall not include amateur radio operator's equipment as licensed by the FCC. The term tower does not include utility poles which are utilized for the support of electrical, telephone, cable television, or other similar cables and wires, are located on public rights-of-ways or easements for that purpose and are a part of a system of such poles throughout the City of Strafford, Missouri.
Section 400.960 Permitted Uses and Conditional Uses.
[Ord. No. 659 §1, 5-2-2011]
A.
Generally. The allowable use of towers and placement of telecommunications facilities as either permitted uses or conditional uses in the several zoning districts shall be as set forth in this Article.
B.
Telecommunications Facilities. Any telecommunications facilities which are not attached to a tower shall be a permitted accessory use to any commercial, industrial, professional, institutional or multi-family structure, regardless of the zoning restrictions applicable to the zoning district where the structure is located and without having to obtain any prior authorization from the City; provided that the person making such accessory use files a written certification with the City establishing the following:
1.
The total height of the antenna support structure and telecommunications facilities do not exceed the structural height limitations in the applicable zoning district under this Article by more than twenty (20) feet;
2.
That the antenna support structure and telecommunications facilities comply with the City building code and applicable State law, does not encroach on the public rights-of-way, and a building permit has been obtained from City Hall; and
3.
That any telecommunications facilities and antennas located on the roof of a building shall comply with setbacks required by the City building code, if any, and do not extend more than fifty (50) inches in the horizontal plane from the side of such an antenna support structure unless the purpose of said protrusion is to permit signal coverage in an area that will not receive such coverage but for an extension beyond fifty (50) inches. Any extension beyond fifty (50) inches must be approved by the City Administrator prior to construction of said antenna and such approval shall be dependent upon a showing that coverage is unavailable but for the extension, the extension does not violate any other building codes of the City, State or Federal law that is applicable, encroach upon public rights-of-ways and does not pose any danger to the traveling public.
4.
That the telecommunications facilities will utilize camouflaging techniques or will be side-mounted to an antenna support structure in order that the telecommunications facilities harmonize with the character and environment of the area in which they are located if technically feasible and such techniques will not degrade or distort the service signal. Antennas and support structures shall be painted to blend with the color of the building if such painting will not interfere with the functioning of the antenna or support structure.
Section 400.965 Collocation.
[Ord. No. 659 §1, 5-2-2011]
A.
Collocation Of Facilities. New towers constructed within the City with height in excess of sixty (60) feet should be capable of accommodating two (2) additional carriers or telecommunications facilities for more than one (1) provider of communications services (herein referred to as "additional capacity"). Such additional capacity, if any, shall be designated on the application and site plans presented to the City prior to construction of the tower.
B.
Collocation Or Installation.
1.
Any licensee whose tower in excess of sixty (60) feet which is constructed after the effective date of this Section which has been built in accordance with setbacks and special conditions granted to towers with collocation capabilities under this Article and has available additional capacity for installation or collocation of telecommunications facilities as demonstrated at the time the application for construction was granted shall agree to allow other persons to install or collocate telecommunications facilities on such a tower subject to reasonable terms and conditions negotiated between the parties including the suitability of the proposed tenant, the credit worthiness and technical abilities of the proposed tenant. For the purpose of collocation of antennas, a legal non-conforming tower may be used. However, in no event shall a licensee be required to allow collocation of facilities if to do so would result in technical interference with the delivery of licensee's service. Failure to permit collocation or joint use on a tower which has been built in accordance with setbacks and special conditions permitted for towers designed for collocation may result in any enforcement action as permitted in Article VIII, Section 400.370 or termination of utilities following a hearing as permitted in Article VII.
C.
Special Exception For Height Exceptions And Bufferyards.
1.
A licensee of an existing tower may modify the height of its tower to accommodate collocation of additional telecommunications facilities as long as the total height of the tower and telecommunications facilities attached thereto do not exceed the maximum height allowed in the applicable zoning district under the Code by more than twenty (20) feet.
2.
Permission to exceed the maximum permitted height pursuant to this Section shall not require an additional distance separation as set forth in Article XXI, Section 400.970(C)(4), nor additional bufferyards or landscaping above that required for the original tower. The tower's pre-modification height shall be used to calculate such distance separations.
D.
Same Tower Type. A tower which is modified to accommodate the collocation of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval of the City Administrator if it is demonstrated that permitting a different tower type will not exceed the height permitted in Article XXI, Section 400.965(C), and will permit the collocation of more carriers than could be accomplished by the modification of the same tower type as the existing tower.
E.
Movement Of Tower.
1.
A tower which is being rebuilt to accommodate the collocation of additional telecommunications facilities may be moved on the same premises as it was constructed on, or on adjacent premises, within fifty (50) feet of its existing location as long as required setbacks and bufferyards are maintained.
2.
A tower that is relocated pursuant to Article XXI, Section 400.965(E) hereof shall continue to be measured from the original tower site for the purpose of calculating the separation distances between towers pursuant to Article XXI, Section 400.970(C)(5). The relocation of a tower under this Subsection shall in no way be deemed to cause a violation of Article XXI, Section 400.970(C)(5).
3.
A tower that is relocated on the same premises it was constructed on which comes within the separation distances established in Article XXI, Section 400.970(C)(5) shall only be permitted when notarized written consent is obtained from affected residential property owners.
F.
Appeal Process. Any applicant who is denied a tower application, or who is determined by the City Administrator to be in violation of this Section shall have the right of hearing before an administrative hearing examiner appointed by the City Administrator and mutually agreeable to the applicant or tower owner. Said hearing examiner shall set the hearing date no later than twenty (20) days following the denial of an application or the determination of a violation and shall consider, in addition to a determination of whether or not a violation exists or the application was improperly denied, the question of the technical or economic feasibility of compliance with this Section. In the event the hearing examiner finds that the tower was constructed in accordance with the setback and other provisions relating to towers designed for collocation, and said tower is not being made available for joint use or collocation as indicated at the time of the application, the hearing examiner shall order enforcement of Code violations as per City ordinances until such time as the tower is used jointly for collocation as originally stated in the application. The hearing examiner's final decision shall be subject to review pursuant to Chapter 536, RSMo. Any appeal under said Chapter shall be filed within thirty (30) days from the date of the hearing examiner's decision. Enforcement of the decision of the hearing examiner may be stayed by the posting of a supersedeas bond in an amount determined by the hearing examiner to be sufficient under the facts of the case to protect the interests of the public and any third party in the matter whose rights would be adversely affected by such a stay as demonstrated during any hearing on the request for said bond.
Section 400.970 Construction Standards.
[Ord. No. 659 §1, 5-2-2011]
A.
Setbacks.
1.
All towers shall be set back a distance equal to fifty percent (50%) of the height of the tower up to one hundred (100) feet plus one (1) foot for each foot over one hundred (100) feet in height, unless the tower is designed for collocation. In the event a tower is capable of being used for collocation for at least two (2) additional carriers, the setbacks for structures in the zoning district where the tower is located shall be complied with.
2.
Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located.
B.
Structural Requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the City's Building Code, any applicable State and Federal laws, and other standards outlined in the City Code. A building permit must be obtained before construction may begin.
C.
Separation Or Buffer Requirements.
1.
Towers shall be separated from the types of areas and comply with the minimum standards established in the tables set forth below unless:
a.
Constructed on the same site as another tower designed for the same purpose;
b.
The second (2nd) tower is permitted by the zoning district;
c.
The height of the second (2nd) tower does not exceed the height permitted in the zoning district where the tower is to be located.
Designated Area | Separation Area |
|---|---|
Single-family or duplex residential units in a residential district.1 | 300 feet. If the tower1 is of a stealth design or is designed for collocation of an additional carrier, then the separation distance may be reduced to 100% of the height of the tower. |
Vacant single-family or urban residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired. | 300 feet. If the tower 1s of a stealth design or is designed for collocation of an additional carrier, then the separation distance may be reduced to 100% of the height of the tower. |
Vacant unplatted residentially zoned land and residential units in non-residential zoned districts.1 | 200 feet or 100% of tower1, whichever is greater. |
Existing multi-family residential units greater than duplex units. | 100 feet or 100% of tower, whichever is greater. |
Non-residentially zoned lands or non-residential uses. | None, only setbacks apply. |
Approved heliports | 100 feet or 100% of the height of tower, whichever is greater. |
1 Includes modular homes and mobile homes used for living purposes. Separation from a unit for purposes of this chart is to be measured from the edge of the building or structure itself. Separation measured from the center of the tower to closest building setback. | |
2.
The minimum tower separation distances above listed shall be calculated and applied irrespective of City and County jurisdictional boundaries.
3.
Measurement of tower separation distances for the purpose of compliance with this Section shall be measured from the center of a tower to the closest point of a designated area as specified in the table above set forth.
4.
Separation distances set forth in the Section may be reduced for towers designed for the collocation of telecommunications facilities of other carriers by obtaining an exception to said distances for towers not requiring a use permit by demonstrating to the City Administrator that the separation will:
a.
Have the effect of preventing service to an area of the City; or
b.
Constitute a barrier to entry into the marketplace by the applicant; or
c.
Will constitute a technical or economic hardship on the applicant.
Additionally, the applicant must demonstrate that (1) the location, shape, appearance or nature of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located, and that the landscaping techniques will be used to screen the tower from any adjacent residential use, and (2) the proposed tower will accommodate at least two (2) additional carriers of various telecommunications services. | |
The Board of Adjustment shall consider the information presented by the applicant and determine if a special exception would conflict with the purposes of this Section, would create a blight on adjacent property, or interfere with adjacent uses within the separation area. If the tower requires a use permit, then said showing shall be made to the Planning and Zoning Commission and to Board of Aldermen as a part of the conditional use permit. |
5.
Proposed towers must meet the following minimum separation requirements from towers existing at the time a license is granted pursuant to Article XXI unless constructed for the purpose of providing collocation capacity on the same site as another tower designed for the same purpose, the second (2nd) tower is permitted by the zoning district, and the height of the second (2nd) tower does not exceed the height permitted in the zoning district where the tower is to be located. However, an exception for separation distances between towers may be obtained from the Board of Aldermen if the applicant can demonstrate that such an exception is necessary for the engineering design of the system the tower is to be a part of, or that no other option is available to provide coverage for the service area or the tower is designated for collocation of telecommunications facilities or joint use by carriers.
Existing Towers and Types | ||||
|---|---|---|---|---|
Proposed towers — types | Lattice or guyed 150' in height or greater | Lattice or guyed less than 150' in height | Monopole towers 75' in height or greater | Monopole towers less than 75' in height |
Lattice | 3,000 feet | 2,500 feet | 1,500 feet | 750 feet |
Guyed | 3,000 feet | 2,500 feet | 1,500 feet | 750 feet |
Monopole 75' in height or greater | 1,500 feet | 1,500 feet | 1,500 feet | 750 feet |
Monopole less than 75' in height | 750 feet | 750 feet | 750 feet | 750 feet |
For the purpose of this Subsection, the separation distances shall be measured by drawing or following a straight line between the center of the existing tower and the center of the proposed tower. |
D.
Method Of Determining Tower Height. The height of the tower shall be measured as follows: The vertical distance between the highest point of the tower and the natural grade below this point.
E.
Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA) and provisions of the City Code except that seasonal lighting may be permitted as approved by the City. At time of construction of a tower dual mode lighting shall be requested from the FAA in cases where there are residential uses located within a distance from the proposed tower which is equal to three (3) times the proposed height of the tower.
F.
Finished Color. Towers not requiring FAA painting or marking shall have either a galvanized steel finish or be painted an off-white, light gray, silver or white finish.
G.
Fencing And Screening. Fences must be constructed around or upon parcels containing towers, antenna support structures or telecommunications facilities and shall be constructed in accordance with Section 400.965 of this Article.
H.
Bufferyard And Landscape. All landscaping on parcels containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable bufferyard requirements in the zoning district where the towers, antenna support structures or telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. However, the City may require additional landscaping if to do so would make the towers, antenna support structures or telecommunications facilities more reasonably compatible with the surrounding area, but in no event shall additional landscaping exceed any bufferyard requirements as set out in Section 400.965. All vegetation used in the landscaping shall be located outside any fenced area.
I.
Security. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities.
J.
Access. All parcels upon which towers are located must provide access to at least two (2) vehicular parking spaces located within one hundred (100) feet of the tower. Traffic associated with the facility shall not adversely affect traffic on adjacent streets.
K.
Maintenance.
1.
Licensees 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.
2.
Licensees shall install and maintain towers, telecommunication facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, State, local regulations, and in such manner that will not interfere with the use of other property.
3.
All towers, antenna support structures or telecommunications 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.
L.
Drainage. All parcels upon which towers are located must contain adequate drainage facilities which are approved by the City Administrator.
M.
Stealth Design. All licensees shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they are located, including the use of camouflage techniques, path array antennas and side-mounting antennas unless such use shall create a hazard for the traveling public or it is not technically feasible to use such designs and collocate other facilities on the tower.
Section 400.975 Licensing Requirement.
[Ord. No. 659 §1, 5-2-2011]
A.
License Required. No person may construct, own, or operate a tower without first obtaining from the City a license to do so pursuant to this Section (herein referred to as "tower license" or "license"). This requirement applies both to new towers and to existing towers or non-conforming structures on the date of passage of this Section. Unless otherwise expressly provided elsewhere in this Section, the license required by this Section is in addition to the procedures and approval required pursuant to this Article pertaining to zoning and development and the requirement for a building permit to construct the tower itself. A license may be denied if the applicant is not in compliance with any Strafford ordinance regarding their use or provisions of towers, telecommunications services or public property, health or safety. The license required under this Section shall not be in lieu of a license to conduct business in the City of Strafford, Missouri. Owners of existing towers shall have six (6) months from passage of this Article to obtain a license as required by this Section.
B.
Application. In order to obtain a license to construct a tower after the effective date of this Section, a person must file an application with City Hall. The application shall provide the following information:
1.
An initial license/application fee in the amount of two hundred dollars ($200.00) together with the fee for any conditional use permit application, if one is required.
2.
The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures which are capable of providing a location to construct the telecommunications facilities that are planned to be housed or located on the tower within a three thousand (3,000) foot radius of the proposed new tower site, including City-owned property.
3.
Written documentation that the applicant made diligent, but unsuccessful efforts for permission to install or collocate the applicant's telecommunications facilities on City-owned towers or usable antenna support structures or made diligent, but unsuccessful efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons.
4.
Written documentation containing the following information:
a.
Whether the applicant's telecommunications facilities are technically capable of being installed or collocated on another person's tower or usable antenna support structure.
b.
If the applicant asserts that its telecommunications facilities are economically or technically infeasible of being installed or collocated on another person's tower or usable antenna support structure, a written statement from the applicant setting forth in detail the reason(s) with regard to each person contacted, why such installation or collocation is technically or economically infeasible. "Technically infeasible" for the purpose of this Subsection means that the collocation or installation of applicant's telecommunications facilities on another person's tower or usable antenna support structure would not comply with sound engineering principles would materially degrade or unreasonably impair the tower or usable antenna support structure's current or planned use, or interfere operationally with applicant's planned use. City may require additional evidence of collocation being technically infeasible if in the opinion of the City that additional information is necessary to determine that collocation is technically infeasible. "Economic infeasibility" for purposes of this Section shall mean that the cost of collocation is not a reasonable business decision from an economic standpoint when all factors are considered.
c.
If the tower is designed to accommodate one (1) or more additional carriers or capacity for the location of telecommunications facilities other than that of the applicant and, if so, the application shall designate the nature, quality and location of the collocation that will be accomplished.
5.
A site plan drawn to scale specifying the location of tower(s), the planned height, guy anchors (if any), transmission building(s), all telecommunications facilities, accessories, parking access plans, landscaping plans (specifying size, spacing, and plant material proposed), fences and zoning designation of adjacent land.
6.
Two (2) alternative camouflaging techniques or stealth designs for the proposed tower and all associated telecommunications facilities if technically feasible and any explanation as to why the use of same would be technically or economically infeasible.
7.
The identity of all adjacent property owners.
8.
Sealed plans prepared by an engineer licensed in the State of Missouri for the tower construction and site.
9.
Proof of liability insurance in an amount of at least three hundred thousand dollars ($300,000.00) per occurrence for personal injury and at least three hundred thousand dollars ($300,000.00) per occurrence for property loss, with the City of Strafford listed as an additional insured.
C.
Processing Of Applications.
1.
Within forty-five (45) days after an application is filed with the City Administrator, the City Administrator shall grant a license to the applicant if he determines that the applicant meets the following criteria:
a.
The applicant has filed a completed application containing the information required in Article XXI, Section 400.975(B).
b.
The tower sought to be licensed by the applicant is designed to be structurally sound and in conformance with the applicable State law and all other applicable construction standards provided by the City ordinances and Federal law. The City Administrator shall consult with the Director of Public Works or his designee to make this determination.
c.
The tower site plan shows the design for, or present existence of, adequate drainage facilities which have been approved by the City.
d.
A conditional use permit is not required for the site. In the event a conditional use permit is required, the license may be issued thirty (30) days after the conditional use permit is granted by the Board of Aldermen.
D.
Inspections. By applying for tower license, an applicant grants the City authority to enter onto its property to inspect the tower for the purpose of determining whether it complies with the applicable State law and all other construction standards provided by City ordinances and, Federal law. The City reserved the right to conduct such inspections at any time.
E.
Filing Requirement. A licensee shall certify in writing that its tower is structurally sound and conforms to the requirements of the applicable State law and all other construction standards set forth by City ordinances, Federal and State law every three (3) years by filing by January first (1st) of every third (3rd) year following the date of the grant of its tower license a sworn statement by the licensee or his representative to that effect. All licensees or owners of towers in existence on the effective date of this Section shall submit a statement by December 15, 2001, and by January first (1st) every three (3) years thereafter that said tower is free from hazards and that the tower does not pose an imminent threat to the surrounding area or public health and safety. Together with this statement, every licensee shall provide a certificate of liability insurance for no less than three hundred thousand dollars ($300,000.00) coverage for injury to persons or an additional three hundred thousand dollars ($300,000.00) coverage for property as a result of any tower failure or malfunction or defect which lists the City as an additional insured. Licensee shall list City as a party who must be notified should this insurance be canceled or discontinued for any reason thirty (30) days before the expiration of coverage.
F.
Discontinuance Of Use. In the event the licensed use of a tower is discontinued by the licensee, the licensee shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
G.
License Renewal Fee. On or by January first (1st) of every third (3rd) year following the granting of an initial tower license for a new or existing tower, each licensee shall submit license renewal fee of fifty dollars ($50.00). In no event shall a license be revoked or considered expired for failure to pay the fee unless the licensee has received at least thirty (30) day's written notice of the proposed action.
Section 400.980 Revocation of License.
[Ord. No. 659 §1, 5-2-2011]
A.
The City may at any time revoke a tower license for failure to comply with the provisions of this Article. To properly revoke a tower license, the City must comply with the procedures set forth below:
1.
The City Administrator shall provide licensee with written notice of all causes for revocation and the intent to revoke and shall allow licensee sixty (60) days subsequent to receipt of the notice in which to correct the violations or to provide adequate assurance of performance in compliance with this Article. Together with the notice required herein, the City Administrator shall provide licensee with written findings of fact which are the basis of the revocation.
2.
The City shall provide the licensee with the right to a public hearing before a hearing examiner appointed for that purpose by the City Administrator and mutually agreed to by the parties, which public hearing shall follow the sixty (60) day notice required in Article XXI, Section 400.980(1). All interested parties shall be allowed an opportunity to be heard at the public hearing and present evidence.
3.
After the public hearing the hearing examiner shall, within thirty (30) days after the public hearing date, issue a written order setting forth his findings of fact and conclusions of law forming the basis for his decision.
4.
Upon written determination by the hearing examiner to revoke a license, the licensee may appeal the decision to court of competent jurisdiction pursuant to Chapter 536, RSMo. The hearing examiner may provide for a supersedeas bond in an amount deemed by said examiner to be sufficient to protect the interests of the public, and such third parties whose interest were identified during any hearing on such a request to post a bond, to permit the stay of enforcement of any revocation or enforcement action by the City.
5.
Upon satisfactory correction by licensee of the violation upon which said notice was given as determined in the City Administrator's sole discretion, the initial notice shall become void.
6.
Upon licensee's failure to correct a violation as found by the hearing examiner, the City Administrator or his designee may issue an order to disconnect utilities to said tower to any utility company providing same unless a supersedeas bond in an amount determined by the hearing examiner under Article XXI, Section 400.980(4). As long as said bond is in full force and effect, and an appeal is pending under Chapter 536, RSMo., no order to disconnect utilities shall be made. Said order shall not be issued prior to thirty (30) days from the date of the hearing examiner's written determination. Said order shall be served upon the chief executive officer thereof, together with the licensee at the last known address, and have attached to it the findings of the hearing examiner.
Section 400.985 Transfer of License.
[Ord. No. 659 §1, 5-2-2011]
A tower license may not be sold, transferred, leased or assigned to any other person without the consent of the City Administrator, such consent not to be unreasonably withheld.
Section 400.990 Abandonment of Tower.
[Ord. No. 659 §1, 5-2-2011]
A.
In the event the use of any tower has been discontinued for a period of one (1) year, or in the event that a licensee has taken no action within one hundred eighty (180) days after the revocation of a tower license pursuant to Article XXI, Section 400.980 to appeal the decision of the hearing examiner or to remedy or correct the violations resulting in the revocations, such tower shall be deemed abandoned.
B.
The City shall provide the tower owner three (3) months' notice and an opportunity to be heard before a hearing examiner appointed by the City Administrator for the purpose, and agreeable to the tower owner if he/she may be located, before initiating such action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, to approve the sale of the tower to a third party or, in the alternative, order the demolition of the tower and all appurtenances.
C.
The City shall provide the tower owner with the right to a public hearing before the hearing examiner, which public hearing shall follow the three (3) month notice required in Article XXI, Section 400.990(B). All interested parties shall be allowed an opportunity to be heard at the public hearing.
D.
After a public hearing is held pursuant to Article XXI, Section 400.990(B), the hearing examiner may order the forfeiture to the City or demolition of the tower. The City may draw upon any performance bond or letter of credit filed pursuant to Article XXI, Section 400.1005 or may otherwise require licensee to pay for all expenses necessary to acquire or demolish the tower. The tower owner may stay such a draw or enforcement of an order of abandonment if he/she posts a supersedeas bond in an amount set by the hearing examiner sufficient to protect the interests of the public. However, in no event shall the removal of a tower which is determined to create a danger to the public or adjacent property be stayed due to the filing of such a bond.
Section 400.995 Variances and Special Exceptions.
[Ord. No. 659 §1, 5-2-2011]
Any request to deviate from any of the requirements of this Section shall require either a variance approval in conformance with the procedures set forth in this Article or the granting of a special exception under Article XXI, Section 400.970(C)(4).
Section 400.1000 Location of Towers On City-Owned Property.
[Ord. No. 659 §1, 5-2-2011]
The City Administrator or his designee may authorize any person to locate a tower, antenna support structure or telecommunications facilities on publicly-owned property, subject to the application process set forth in Article XXI, Section 400.975 and subject to the terms and conditions of any lease agreement executed between the City and such person.
Section 400.1005 Miscellaneous.
[Ord. No. 659 §1, 5-2-2011]
A.
Dangerous Structures. All towers within the City limits of Strafford, Missouri shall be subject to the procedures set forth in any Dangerous Building Code of the City. Should the City have to take action under said code provision to remove a dangerous structure or abate a nuisance or health hazard, then a tax bill may be assessed in the same manner as for a building that is demolished or for the abatement of a nuisance.
B.
Non-Waiver. Nothing in this Article shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this Chapter.