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x j BILL NO. �7-65____�.�_. PASSED AS AMENDED
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SPONSORED BY COUNCILMAN Landwe�hr
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING THE CODE OF THE
CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE CONSTRUCTION, PLACEMENT
AND MODIFICATION OF TELECOMMUNICATION TOWERS AND TELECOMMUNICATIONS
FACILITIES AND RENUMBERING THE CURRENT ARTICLES OF CHAPTER 35 OF THE
CODE. z
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
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Section 1. A new Article X (Telecommunications Towers) of Chapter 35, Zoning Code,
is hereby inserted and enacted to read as follows: ~:�
` ARTICLE X. TELECOMMUNICATIONS TOWERS
Sec.35-50. Purpose. '
A. The eneral u
g purpose of this section is to regulate the placement, construction and modification of
telecommunications towers,support structures,and antennas 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 f
telecommunications marketplace in the City of Jefferson. Specifically,this section is-intended to: !
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1. Provide for the appropriate location and development of telecommunications facilities and
systems to serve the citizens and businesses of the City of Jefl'erso►l;
2. Minimize adverse visual impacts of communications antennas and support structure through
the careful design,siting,landscape screening and innovative camouflaging techniques;
3. Maximize the use of existing and new support structures so as to minimize the need to
construct new or additional facilities;
4. Maximize the co-location of facilities on any new support structures;
4.
5. Ensure that any new telecommunications tower or support structure is located in an area
compatible with the neighborhood or surrounding community to the extent possible; { r Y.
6. Ensuring that regulation of telecommunications towers and structures does not have the effect
of prohibiting the provision of personal wireless services, and ,does not 'unreaodsibly
discriminate among functionally equivalent providers of such service.
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> $• '. Applicability.
1. All towers,antenna support structures and tel laciliti an nt;.
f Y portion''ofwhich
are located:within the City of Jefferson,are su63 ecQ Co.this ordinan ce. all towers within the t
city of Jeff erson,A9bigouri at the tone of passage of tbis ordinanee shall be re&tered with the
city director of planning and code enforcement within sixty(60)days from the effective date '
�i hereof together with the h.elght, width and location thereof acid a registra'i3on fee of fifty'
n dollars (S50.00)• Failure to register an existing tower shall raise a presumption that said >
tower,was not a legal nonconforming use on the date of passage of thi ordinance However,
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this ordinance 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
0 Communications Commissions or to towers nod antennas used solely for private!
1 . telecommunications services when the equipment is located on the premises of the entity using
,;t• said private telecommunication set-vice,or the towers and antennas,support structure,or
masts are located on the primary busluess premises of a provider of communications services `
if used solely to monitor the provider's services and the equipment used by the broadcaster,
private telecommunicator or provider is in c*mpliance with any federal,state or local laws,
and does not encroach on the public rights-of-way.
{ 2, Notwithstanding any provisions contained in this section,any current legal use being made
of an existing tower or antenna support structure,on the effective date of this ordinance shall
be allowed to continue as a non-conforming structure. 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 within six(6)months of the date of the permit shall be considered
a non-permitted structure.
Sec.35-81. Legislative Findings.
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A. On February 8,1996,Congress enacted the federal Telecommunications Act of 1996 F.L.No.104-104.
The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive
environment for wired and wireless telecommunication services in the United States.
B. The Telecommunications Act of 1996 preserves the authority of the city to regulate the placement, `..
construction,and modilecation of towers and antenna support structures and to protect the health,safety and welfare
of the public.
C. The city has been granted the authority to enact legislation to regulate the construction,placement,
and operation of Telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89 of
the Revised Statutes of Missouri and additionally pursuant to its general and specific police powers established by
statute authorizing the regulations herein to protect the public health,safety and welfare.
t: D. The Federal Communications Commission(FCC)has exclusive jurisdiction over(1)the regulation of
the environmental effects of radio frequency emissions from telecommunications facilities,and(2) the regulation of
radio signal interference among users of the radio frequency spectrum.
B. Consistent with the Telecommunications Act of 1996 the regulations of this section will not have the
" . effect of prohibiting.the provision of personal wireless services, and do not unreasonably discriminate among
- functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the S
public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the city. The
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ordinance does not attempt to regulate is areas within the exclusive jurisdiction of the FCC.
F. The uncontrolled proliferation of towers in the City of Jefferson is threatened without adoption of new .
regulations and would diminish property lues,the aesthetic quality of the ci
Ps t1' q ty tyT and would otherwise tbreten the
health,safety and welfare of the public.
�az Sec.3542. Definitions. kY'
As used in this section,the following teriris.sball have the meanings and usages indicated:
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Act. The federal Communications Act of 1934 as s amended by the Telecommunications Act of 1996 and as ma
from time to time,be amended.
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AGL. :Above ground level. Ground level shall be determined by.the average elevation of the natural ground !''
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level within a radius of fifty(50)feet from the center location of measurement.
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i gam. Arty device that transmits and/or receives radio waves for voice,data or video communications
1.. purposes including,but not limited to,television,AM/FM radio,microwave,cellular telephone and similar forms of
communkations. The term shall exclude satellite earth station antennas leas that two(2)meters in diameter(mounted
within twelve(12)feet of the ground or building-mounted)and any receive-only home television antenna.
Antenna support structure. Any building orother structure other than a tower which can be used for location
of telecommunications facilities.
Applicant. Any person that applies for a tower permit. .
Apgllcgtiaq. The process by which an applicant submits a request and indicates a desire to be granted a permit
4. to construct, own or operate a tower within the city. An application includes all written documentation, verbal
} statements and representation*,in whatever form or forum,made by an applicant to the city concerning such a request.
Cabinet. A structure for the protection and security of communications equipment associated with one or more
antenna where direct access to equipment is provided from the exterior and that has a horizontal dimensions that do i
not exceed four(4)feet by six(6)feet,and vertical height that does not exceed six(6)feet.
CCi The City of Jefferson,a municipal corporation,in the State of Missouri.
Code. The Code of the City of Jefferson.
Communications. The transmission,between or among points as specified by the user,of information of the
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user's choosing,without change in the form or content of the information as sent or received,by wire,radio,optical
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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.
az ,, Council. The City of Jefferson,Missouri,City Council.
Director. The director of planning and code enforcement of the city or a designee.
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Pn ine?r. Any engineer licensed by the State of Missouri.
FAA. The Federal Aviation Administration.
t ; FCC. Tfae Federal Communizations Commission and any legally appointed,designated or elected agent or.
( . successor.
j IIelgbt. The vertical distance measured from the average grade of the base of the structure at ground level
to its highest paint aced including the main structure and all attachments thereto.
Modificatiou: Any change, including the addition or replacement of antennas to a structure requiring s
rs� building perinit,or tither governmental approval;except that the following shall not be deemed a modification requiring ( i
a baildipg.permsit.pr6vided the conditions of the original permit and the requirements,of this article are not violated:
any structural alterations or replacement.of antennas to meet safety requirements, any structural alteration or ;
, replacement of antennas that does not involve entargement of the structure height and any alteration for no ri al i
t h t inaintenaulce
Permiutee Ais pctson wha has lawferlly obtained a tower pe.rmit.' k
5fnelter..,A buiidia for,the protection and security of communications equipment associated with orte'or more
antennas'and w 6ere access to eclurpment is gained from the in en the building.
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cStssitll. Includes any free-standing,man-made structure designed for the,support of antennas,the presence
of which is cannomflagea or concealed as an appropriately-placed architectural or natural feature which are designed
to bleind into the surroyunding environment.Such structures rimy include but are not limited to clock..towers,campaniles, 4=
k= observation towers,water towers,light standards,flag pales pied artificial trees.
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_I'eiecornmunisatins. The transmission,between or among points as specified by the user,of information of
the user's choosing,without chNnge in the form or content of the information uz 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,sonnds,or any other symbols. r
Telecommunications facilities. 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 Federal
Communications Commission which a person seeks to locate or has installed upon a tower or antenna. However,the
term"teiecommunicatious facilities"shall not include:
1. Any satellite earth station antenna two(2)meters in diameter or less which is located in an !1
r area zoned and used for industrial or commerriol,
2. Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning
category.
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3. 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.
Tower. A self-supporting lattice, guyed or monopole structure constructed from grade which supports
telecommunications facilities. The term"tower"shall not include amateur radio operators'equipment,as licensed by
the FCC. The term"tower"does not include utility poles which are utilized for the support of electrical, telephone,
i' cable television,or other similar cables and wires,are locate-d on public rights-of-ways or easements for that'purpose t
and are a part of a system of such poles throughout the City of Jefferson,Missouri.
Sec.35-83. General Requirements.
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.; A. The requirements set forth in this section shall be applicable to all towers,antennas and other installed,
built or modified after the effective date of this ordinance to the fall extent permitted by law.
il. Acreaso►y Use. Antennas and towers may be either a principal use in all zoning districts or
an incidental use to existing multiple family,institutional or non-residential uses,subject to
any applicable district requirement relating to yard or setback.
1 2. Building Codes,Safety Standmrds,and Zoning Compliance. To ensure the structural integrity +
of antenna towers,the owner sha+li see that it is constructed and maintained in compliance
with all standards contained in applicable state and local building codes and the applicable
standard's published by the Electivnics Industries Association,as amended from time to time.
In addition to any other approvais required by this section,no antenna,or tower shall be
y. erected prior to receipt of a certificate of zoning authorization and the issuance of a building
permit. . }
3. Regulatory Compliance. Ali antennas and towers shall meet or exceed current standards and
regulations of the FAA, FCC and any other state or federal agency with the authority to
Fa, regulate communications antennas and towers. Should such standards or regulations be' w
amended, then the owner shall bring such devices and structure into compliance with:the
revised standards or regulations within the tierce period mandated by the controlling agency: j
W ipprovallor any placement,construction or-modification of any antenna or structure '
permitted by this section shall be granted for any:.r,�plicant having an uncured violation of
this section,or any other governmental regulatory,requirement related to such an or
}b structures within the city.
4. Excess Capacity and Planned Future Use. Any applicant for building permit to install,build
or modify any tower,shall furnish the director of planning and code enforcement a statement
�! of the excess capacity of the tower and plans,if any,for anticipated growth. In addition the
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applicant must design the tower and indicate on the application that the tower will
accommodate one additional antenna similar to the principal'antenna. �
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5: Collocation.
a. Collocation of Facilities. New tovrem constructed within the city with height in excess
of seventy(70)feet should be capable of accommodating one(1)additional carriers i
or telecommunications facility for one other provider of communications services
(hereinafter 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.
fi b. Collocation or Installation.
Any permitee whose tower in excess of seventy(70)feet which is constructed
after the effective date of this section and which has been built in accordance
with setbacks and special conditions granted to towers with collocation
capabilities under this article, and which contains 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 record 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 i
shall a permitee be required to Shaw collocation of facilities if to do so would f
result in technical interference with the delivery of permitee'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 sections 35-85 or 35-90 following a hearing as permitted in section 35-85
hereof.
2. Failure to comply with the provisions of this section constitutes a material
violation of section 35-83 of this ordinance.
C. Special Exception from Height Exceptions and Bufferyards.
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A permitee 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
x maximum height allowed in the applicable zoning district under the code by more j
than twenty (24) feet. Unless provided for under conditional use permit, the ,
" I maximum height shall not exceed the height limits in section 35-30 of Article V;
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t Height Restrictions. k
Permission to exceed the maximum'permitted:height pursuant to this section shall
y , not_rewire an additional distance separation ais.set forth in section 35-87, nor z;
x additional buffer yards or landscaping above that required for the original tower.
The tower's premodi9icat!on height shall. be used to calculate such distance
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d Same Tower Type.'A tower which: s modified to accommodate the collocation of additional ,
telecommunications facilities shall be of the same tow er type
as the existing tower. However, ?�
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a different type of tOwer'may ba permitted by:,the approval pursuant to secti on35-85,of this 1
article.
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ern e. IVIOVement of Tower.
1. A tower which is being replaced to accommodate the collocatioee of additional
telecommunications facilities may he mooed on the same premises as it:was
constructed on,or an adjacent premises,within fifty(50)feet of its existing location
' as long as required setbacks and buffer yards are maintained.
2. A tower that is relocated pursuant to this section hereof shall continue to be
measured from the original tower site for the purpose of calculating the separation � s
distances between towers pursuant to section 35-87. The relocation of a tower under
this section shall in no way be deemed to cause a violation.
3. Prior to the relocation of a tower within a residential area,notice shall be given to
adjacent property owners within one hundred eighty-five feet(185)of the proposed
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tower site. .
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Sec.35-84. Permitted Uses.
i A. The placement of telecommunications facilities are permitted'uses in the several districts as set forth
in this section.
Telecommunications Facilities. Any telecommunications facilities which sire not attached to a tower Y
shall be a permitted accessory use to any commercial,industrial,professional,institutional,or multi-family structure 3
or on land awned by the city,resardless of the zoning restrictions applicable to the zoning district where the structure
is located shall be,permitted;provided that the person making such accessory registers the tower and obtains a building
g{, permit
f C. The person making such accessory use files n written certification with the city establishing the
following:
1. That the total height of the antenna support structure and telecommunications facilities do
not exceed the structural height limitations if'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
t k building code and any applicable state law,does not encroach on the public rights-of-way,and
a building permit has been obtained from the department of building development services;
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 '
t,t fiffdty(50)inches in the horizontal plane from the side of such an antenna support structure'
Y artless 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
ra fifty(54a)inches must be approved,by the administrative review committee of the.city`prior
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,« to"catrstruction of said'antenna and such approval shall be dependent upon a showing that .:
coverage is anavbilable but for the extension,the e i tension does not violate any other building
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x i y code of the city,state or federal Iasi that is applicable,encroach upon public rights-of=ways A'
$y,y 5 i nk and does not pose any danger to the traveling public. ,
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facilities will utilise camoufla in' `technr ues-or,will be side-
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rnousated to an antenna support structure in,order that the telecommunications facilities,
3 }{ harntoniue with the cht'racter "d'environment of the area.in which they are located if
techfllcall feasible and,such use will nod'degrade or distort the service signal. Antennas and
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support structures shall be painted to blend with the'color of the building if such painting will
not interfere svith'functioning of the,antenna or s. structure. h
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Sec.35-85. Antherization by Administrative Permit.
A.
The placement of telecommunications facilities are permitted in all zoning districts only by
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administrative permit approved by the director:
Y. The attachment of additional.or replacement antennas or shelters to any tower existing on the
effective date of this ordinance or subsequently approved in accordance with these regulations
and requiring the enlargement of the existing tower co mpound area as long as all other
requirements of this section and the underlying zoning district are met.
The one-time replacement of any twwer existing ore the effective date of this ordinance or
subsequently approved in accordance with these regulations so long as the purpose of the
replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new
tower shall be of the same type as the original except that a guyed or self-supporting(lattice)
tower may be replaced by a monopole. if the guyed or lattice tower to be replaced is one
hundred eighty(ZOO)feet or less in height,it shall be replaced with a monopole when possible.
The height of the new tower may exceed that of the original by not more than hventy(20)feet.
Subsequent replacements shall require the approval of a conditional use permit.
3, The construction of a disguised support structure provided that all related equipment shall
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be placed underground or concealed within the structure when the structure is located in any
district other than a district authorizing industrial uses. equipment may be pieced in a
cabinet if the support structure is incidental to an industrial,commercial,institutional or ;
other non-residential use.
n or steel utility oles not to exceed
4. The placement of dual polar panel antennas on wooden ty p ;
forty(40)feet in height provided that all related equipment is contained in a cabinet. i
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Towers erected and maintained for a period not to exceed thirty(30)days for flee purpose of
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replacing an existing tower.testing an existing or proposed network.
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B. Application Procedures..
Applications for administrative permits shall be made on the appropriate forms to the I
director and accompanied by payment of the established fee. j
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a. A detained site plan,biased on a closed boundary survey of the host parcel, shall be t.
of submitted indicating all existing and.proposed improvements including buildings,
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drives,walkway,parking auras and other structures,public rights-of--way,the zoning
categories of the subject and adjoining properties,the location of and distance to off- `.
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site residential structures,required setbacks,required buffer. and landscape areas,
hydrologic features,and the coordinates and height AGH,of the existing or proposed \~
tower.
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;r �: The application shall be reviewed by the department of planning and; code
enforcement to determine compliance with the above standards, transmit the
application or rev
and cuanreeent by other departments and public.agencies as 1 'ry;
f�tt 'ay may,ioe affected by the proposed facility.
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C , . The director shall issue a decision on the permit within forty-five(45)days of the date
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of application or the application shall be deemed approved. The director inriy.deny
=,r+ the YlppliCatlOn iDC Approve the appliCatl9n as submitted Or.Wlth sgcll.eilOdifiCationS
as are, in his/her judgment, reasonably necessary to protect the safety or general ,
a 3' welfare of the citizens consistent with'the purposes of this section. The director may
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consider the purposes of this section and the factors established.herein for granting
a conditional use permit as well as any other considerations consistent with this
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ordinance. A decision to dewy an application shall be made in writing,and state the f .t
,v, specific reasons for the denial.
d. Appeals. Any applicant who is denied a tower application,or who is determined by
the director of planning and code enforcement to be in violation of this section shall
have the right to appeal the decision before the planning and zoning commission. At
the request of the applicant,an informal nearing shall be set on the agenda at the
next available planning and zoning commission meeting 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 impe aperly
denied,the question of the technical or economic feasibility of compliance with this
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section. In the event the planning and zoning commission finds that the tower was
constructed in accordance with 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 application, the planning and zoning
commission may suspend or revoke the permit. Final decisions of the planning and
zoning commission shall be subject to judicial review pursuant to Chapter 536, r
RSMo.
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Sec.35-86. Conditional Use Permit Required.
A. All proposals to install,build or modify an antenna or support structure not permitted by sections 35-
;;; i;s 84 or 35-85 above,shall require the approval of a conditional use permit following a duly advertised public hearing by
the planning and zoning commission.
I. Applications for conditional use permits shall be filed and processed subject to and in the
manner and time frame as established in section 35-80.H.4-IC of the:Coning Code. A decision �
by the planning and zoning commission shall be accompanied by substantial evidence
supporting the decision which shall be made a part of the written record of the meeting at
which a final decision on the application is rendered. Evidence shall be under oath and may
° be submitted with the application or thereafter or presented during the public hearing by the
applicant or others.
• Z. Additional Minimum Requirements. No conditional use permit shall be issued unless the
applicant has clearly demonstrated by substantive evidence that placement of an antenna or
structure pursuant to article 35-84(Permitted Uses)or article 35-85(Administrative Permits)
of this section is not technologically or economically feasible. The planning and zoning `
commission may consider current or emerging industry standards and practices,among other
information,in determining feasibility.
3. Findings Required. In addition to the determinations or limitations specified herein and by
{` section 35-8G.II:4.for the consideration of conditional use permits,the planning and zoning
r commission shall also base its decision upon,and shall snake findings as to,the existence of
the following conditions:
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a. That the proposed tower is not and cannot be located within a communications tower
multi-use interest area as designated by such map, di so located, meets the`co-
location requirements of this section.
IJ c ,. b No existing towers,structures or buildings within the necessary geogi�aphic area for
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_ the applican a tower'•mePt the applicant's necessary engineering requirements' :
k considering: (1)height;(2)structural strength;(3).resulting signal interference;_(4)
Z feasibility,of retrofitting;(5)feasibility of redesigning the applicant's tower networl.;
or(6)other limiting conditions that render existing towers,'structures or buildings i
within the applicant's required geographic area unsuitable.-
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s es That the design of the tower or.stnicture,including the antenna,shelter and ground
layout maximally reduces visual degradation and otherwise complies with provisions )
' and Intent of this section. New towers shall be of a monopole design,'unless it is
t shown that an alternative design would equally or better satisfy this provision.
d, That the proposal minimizes the number and/or size of towers or structures that will
be required in the area.
e. That the applicant has not previously failed to take advantage of reasonably available
collocation opportunities or procedures provided by this ordinance or otherwise. }
f That no land owned by any agency of the federal or state government, or by any
political subdivision of the state,is available for locating the structure or tower.
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4. If any one,but not more than one,of the first six(6)determinations is not satisfied,approval
may be granted only on a finding of unique circumstances otherwise necessitating approval
to satisfy the purposes of this section.
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5. Additional Limitations.
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a. No tower shall be approved at a height exceeding one hundred fifty(150)feet AGL
unless the applicant clearly demonstrates that such height is required for the proper
:;. function of the applicant's system or that of a public safety communications system ►
" of a governmental entity sharing the tower. Such showing must also be supported by
the opinion of a telecommunications consultant hired by the city at the expense of the
applicant. The opinion of the consultant shall include a statement that no available
alternatives exist to exceeding the height limit or the reason why such alternative are
not viable.
b. If the city has by order agreed to participate in a multi-municipality commission to
coordinate new tower or structure applications,an application made pursuant to this
section shall also be submitted to such planning and zoning commission simultaneous
with the filing of the request with the city. The planning and zoning commission may
consider any comments from such planning and zoning commission but shall not
allow a delay in receiving such comments to significantly delay a decision on the
F� conditional use permit.
Sec.35-87. Design and Construction Standards. aF
,t A. Design.
r I. Towers shall maintain a,galvanized Steel finish or,subject to the requirements of the FAA or
any applicable state or federal agency,be' aipted'a neutral color consistent ovith.the natural
or built enAronment of the sire. j
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G Z. lwquipment shelters or cabinets shall have an exterior finish compatible with the natural or .
r builtnvironcnent of the site and shall also.comply with'any design guidelines as may be .
Z: ;t i, applicable to the ailicular zoning district in which the facility 6 located.
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3 Towers shall not exceed the height limitation of any airport overlay zones
s may be adopted. lj
by the city,
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4. Antenna attached to a building or stealth antenna tower shall be of a color identical to or ((,
closely compatible with the surface to which they are mounted. J
S. All permitces shalt 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 Vacated,including the use of camouflage techniques,path array antennas and side
x` mounting antennas unless such use shall create a hazard for the traveling public or it is not
technicsily feasible to use such design and collocate other facilities on the tower.
6. Advertising. Unless a stealth antenna tower in the form of an otherwise lawfully permitted
1 pylon sign,the placement of advertising ou structures regulated by this section Is prohibited.
B. Setbacks.
1. All towers shall be set back it distance equal to fifty(50)percent of the height of the tower up
" to one hundred(100)feet,plus one foot for each foot over one hundred(100)feet in height,
unless the tower is designed for collocation.
f
2. Set back requirements for towers shall be measured from the center of the tower to the
property line of the parcel on which it is located.
3. Set back requirements for towers shall be measured from the center of the tower to the
property line of the parcel on which it is located.
C. Structural Requirements. All towers must be designed and certified by an engineer to be structurally r
sound and,at minimum,in conformance with the city's building code,any applicable state laws,and other standards
outlined in the Code. A building permit must be obtained before construction may begin.
D. Separation or"puffer" Requirements.
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1. Towers shall be separated from the types of areas designated below in compliance with the
minimum standards established in the table set forth below unless constructed on the saute
' site as another tower designed for the same purpose, the second tower is permitted b the
.' ; . . � p p p y.
zoning district,and the height of the second tower does not exceed the height permitted in the
zoning district where the tower is to be located:
6
Designated Ares Separation Distance
t°x Single-fsmilty or duplex residential units in a residential 300 feet. If the tower' is of a stealth design or is designed for
,L district' collocation of an additional carrier,then the separation distance
may be reduced to 100'%of the height of the tower.
Vacant single4amily or duplex residentially zoned laud 300 feet. If the tower' is of a stealth design'
or is designed far 5
k r� which is.either p1ji0ed or has preliminary subdivision plan collocation of an additional,carrier,then the separation distance r
approval e�hich id not expired may be reduced to 100%of the height of the tower.
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7`` ,j t Vacant anpinttedfresidentially zoned Isind and residential 200'feet or 100%of tower,Zhichever is.greatsr.. t`}
` units in noa-residential zoned districts'
Existing ma�Qd4swity residential units greater than duplex l00 feet or 100°/u height of tower,'wliichever is greater tt,
t'� r units
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; + Nom-residentinilyi zoned Fends or non-residential uses None;only setbacks apply
A .roved heir rts 100 feet or 100%of She het ht of tower,whichever is greater
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purposes of this chart is to tx measured
llncludes modular homes and mobile and mobile homes used for living purposes. Separation from a unit for
from the edge of the building or sinicture itself.
'includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any
multifamily residentially zoned land greater than duplex.
2. 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.
3. Separation distances set forthi in this subsection may be reduced for towers designed for the } r
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 planning and zoning
commission that the separation distances will:
a. have the effect of preventing service to an area of the city; or
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b. constitute a barrier to entry into the market place by the applicant;or
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C. will constitute a technical or economic hardship on the applicant.
4. Additionally, the applicant must demonstrate that (1) the location, shape, appearance or
nature of use 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 landscaping techniques will be used to screen the tower from any adjacent
.. residential use, and (2) the proposed tower will accommodate at least one (1) additional
'i carrier of various telecommunications services.
; .
5.
The planning and zoning commission 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 city council as a part of the conditional use permit
process.
6. Proposed towers must meet the following minimum separation requirements from towers
'. existing at the time a permit is granted unless constructed for the purpose of providing
collocation capacity on the some site as another tower designed for the same purpose, the
` second tower is permitted by the zoning district,and the height of the second tower does not
exceed the height permitted in the zoning district where the tower is to be located. However, i
an exception from separation'distunces behoeen towers may be obtained from the planning i }:
and zoning comrission 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 designed for collocation
of telecommunications facilities or joint use by carriers.
EXISTING TOWERS-TYPES ;
���' �fit, ,• .,
Lattice or Guyed Lattice or Guyed Monopole towers Monopole towers,.
150 ft.in height less than 150 kit in 75 ft is Height or Leas Than 7S R 1n
<'t or Greater' Height Greater Height
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Guyed:
' 'r Lattice 3,000 ft 2,500 it 1,500 ft 758 ft.
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I{Y PROPOSED " i <
i TONVERS-TYPES
Guyed 3,000 ft 2,500 ft 11500 ft 750 Y►
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w , Monopole 75 ft
in height or 1,500 ft 1,500 ft 1,500 ft 750 ft
Greater
Monopole Less
Than 75 ft in 750 ft 750 ft 750 ft 750 ft
Height
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,pursuant to a site plan,of the proposed
tower.
E. 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.
F. Illumination. rowers shall riot be artificially lighted except as required by the Federal Aviation
Administration(FAA)and provisions of the city code except that seasonal ligbting may be permitted as approved by ;
the city. At time of construction of a tower dual mode fighting shall be requested from the FAA in cases where there
are residential uses located within a distance which is three hundred(300)percent of the height of the tower from the
tower.
G. Finished Color. Towers not requiring FAA painting or marking shall have either a galvanized steel
finish or be painted an almond,light gray,silver or white finish.
H. Fencing and Screening. Fences must be constructed around or upon parcels containing towers,
antenna towers or telecommunications facilities and shall be constructed in accordance with Section 35-22 of Article
IV,Use Regulations.
I.. Bufferyard and Landscape. All landscaping on parcels containing towers, antenna towers or
telecommunications facilities shall be in accordance with the applicable buffer yard requirements in the zoning district
where the tower,antenna tower of telecommunications facilities are located. Existing vegetation shall be maintained
t; to the extent possible. However,the city may require additional landscaping if to do so would make the bower,antenna
tower or telecommunications facility more reasonably compatible with the surrounding area, but in no event shall
additional landscaping exceed any bufl'eryard requirements as set out in Sections 35-86.C,et seq.,Landscaping and '
Bufferyards. All vegetation used in the landscaping shall be located outside any fenced area.
J. Security. All towers must be secured to protect against trespass or unauthorized use of the property,
tower or telecommunications facilities.
Vii.. .
K. Access. All parcels upon which towers are located roust 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 adverse
ly
affect traffic on adjacent streets.
L Maintenance.
1. Permitees shall at all times employ ordinary and reasonable care and shall install and
F4f� maintain in use nothing less than commonly accepted meth
ods and devices for preventing
failures and accidents which are likely to cause damage.,injuries,or nuisances to,the public:'
2. ` Permitees shall Install and maintain towers; telecommunications facilities, wire, cables,
' fixtures and other equipment In compliance with the requirements of the National Electric
Safety Code and all,FCC, state and local.regulations, and in such manner that will not .
interfer6 with the use of other ro e
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#' 3. All tower's,telecommunications facilities and antenna towers shall at all times be kept and
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maintained in good condition, ,order, and repair so that the same shall not menace or
t endanger the life or property of any person. # °
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` M. Drainage. All parcels upon which towers are located must contain adequate drainage facilities,which
:. are approved by the director of public works. I
Sec 35-85. Abandonment of Tower.
A. In the event the use of any tower has been discontinued for a period of two(2)years such tower shall
be deemed abandoned. �1
D. Tice city shall provide the tower owner three(3)months notice and an opportunity to be heard before
the planning and zoning commission before declaring the tower abandoned. In the event the tower owner provides
evidence of intended use of the tower,an extension of no more than one(1)year may granted.
C. The city shall provide the tower owner with the right to a public hearing before the planning and
zoning commission,which public hearing shall follow the three(3)month notice. All interested parties shall be allowed
an opportunity to be heard at the public hearing. r
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D. After a public hearing is held pursuant to this section,the planning and zoning commission may order
the removal or demolition of the tower. The planning and zoning commission's final decision shall be subject to judicial
review pursuant to Chapter 536,RS1Mo.
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Sec.35-89. Commercial Operation of Unlawful Tower or Antenna.
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Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure,
it shall be unlawful for any person to erect or operate for any private commercial purpose any new antenna,tower or
disguised support structure in violation of any provision of this ordinance, regardless of whether such antenna or
structure is located on land owned by a governmental entity.
4i.
Sec.35-90. Penalty.
Any person violating this provision shall be subject to a fine of not more than two hundred fifty dollars
:. (5250.00)or ninety(90)days in jail or both. Each day the violation continues shall constitute a separate offense.
f '
Sec.35-91. Severability.
i' If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid a
or unconstitutional by.any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shell not affect the validity of the remaining portions hereof. !;
Sec.35-92. Repeal of Laws in Conflict. l
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This ordinance supersedes all ordinances or parts of ordinances adopted prior hereto which are in conflict
herewith,to the extent of such conflict.
Section 2. Article X(Administration)of Chapter 35 of the Code of the City of Jefferson, Missouri, ,
is hereby renumbered as Article XI (Administration}:
Section I. Article XI (Viniatians and Pence)of Chapter 35 of the Code of the City of Jefferson, fi
Missouri is hereby renumbered as Article XII (Violations and
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f . Section.4. This Ordinance shall be in full force and effect from and after the date of its passage {
{ and approval.
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ATTEST: _ APPROVED AS T ORM:
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