Loading...
HomeMy Public PortalAboutORD15243 SUBSTITUTE BILL NO. 2013-124 SPONSORED BY Councilma/n/MMiihalevich ORDINANCE NO. T J AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING CODE OF THE CITY OF JEFFERSON, BY MODIFYING SPECIFIC USE STANDARDS FOR TELECOMMUNICATION FACILITIES. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning code amendments have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 35 (Zoning Code), Section 41 (Specific Use Standards), Subsection B.26 (Telecommunications Facilities) is hereby deleted and a new Section 35-42 enacted as follows: Section 35-42. Specific Use Standards for Telecommunications Facilities A. Purpose. The purpose of this Section is to regulate the placement, construction and modification of telecommunication towers, support structures, and antennas m order to protect the health, safety,and general welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Jefferson. Specifically, this Section is intended to: 1. Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Jefferson; 2. Minimize adverse visual impacts of communications antennas and support structures 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 and facilitate the fewest and least visible new support structures capable of achieving these objectives; 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; and 6. Ensure that regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service. B. Applicability. 1. All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City of Jefferson, are subject to this Section. All towers within the City of Jefferson, Missouri at the time of passage of this Section shall be registered with the Director 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 nonconforming use on the date of passage of this Section. However, this Section Substitute Bill 2013124—Page 1 SUBSTITUTE shall not apply to tower structures used, or to be used, solely for services provided pursuant to a broadcast radio or television licence issued by the Federal Communications Commission or to towers and antennas used solely 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 solely to monitor the provider's services and the equipment used by the broadcaster. Provided the private telecommunicator or provider is in compliance 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 Section 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. 3. The term"telecommunications facilities"shall not include: a. Any satellite dish two meters in diameter or less which is located in an area zoned and used for industrial or commercial; b. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; C. Any satellite earth station in excess of two 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. 4. The term"this Section"throughout Section 35-42 refers to Section 3542 in its entirety. C. Legislative Findings. 1. On February 8, 1996, congress enacted the Federal Telecommunications Act of 1996 P.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. 2. The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction and modification of towers and antenna support structures and to protect the health, safety and welfare of the public. 3. 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. 4. 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. 5. 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 public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City. This Section does not attempt to regulate in areas within the exclusive jurisdiction of the FCC. Substitute Bill 2013124—Page 2 SUBSTITUTE 6. The uncontrolled proliferation of towers in the City of Jefferson is threatened without adoption of new regulations and would diminish property values, the aesthetic quality of the city, and would otherwise threaten the health, safety, and welfare of the public. D. Timing. Applications for telecommunication facility permits or conditional use permits pursuant to this Section shall be subject to the supplementary procedures in this Section. Applications shall be submitted to the City as a complete application. A "complete application" shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees and information as required thereon or by the City, consistent with this Section. Applications for telecommunication facility permits shall be accompanied by a building permit application and other applicable forms. Applications shall include application foes as may be established to reimburse the City for its inspection and review costs. 1. Co-location requests. A final decision on applications to co-locate wireless communication facilities on an existing telecommunication tower shall be made no later than ninety (90) days after receipt of a complete application from an applicant, unless extended by the City for good cause or by consent of the applicant. 2. Other applications and new support structures. A final decision on all other applications under this Section, including but not limited to applications for new telecommunication towers, shall be made no later than one hundred fifty (150) days after receipt of a complete application from an applicant, unless such period is extended by the City for good cause or by consent of the applicant. 3. Incomplete applications. Within thirty (30) days after receipt of an incomplete application, the Director shall provide notice to the applicant stating that the application is incomplete and generally identifying the code provisions or application requirements not satisfied or information not provided that the applicant must satisfy for a complete application commencing the City's review process. Nothing in this procedure shall alter the affirmative obligation of each applicant to review the applicable code and satisfy all applicable provisions as may apply to the applicant's specific submission. E. General Requirements. The requirements set forth in this Section shall be applicable to all towers, antennas and other telecommunication facilities installed, built, or modified after the effective date of this Section to the full extent permitted by law. 1. Approval authority over the placement of telecommunications facilities is governed by Exhibit 35-28 and this Section. For the purposes of this Section, the approval authority shall be: a. The Board of Adjustment for facilities requiring a conditional use permit, b. The City Council with review by the Planning and Zoning Commission for facilities located in a PUD zoning district. C. The Director of Planning and Protective Services for permitted uses. 2. Principal Use. Telecommunication facilities, antennas, and towers may be a permitted use or conditional use as outlined in Exhibit 35-28 and this Section. 3. Accessory Use. Telecommunication facilities, antennas and towers may be an accessory use to existing multiple-family, institutional, commercial, or industrial uses. 4. Building Codes, Safety Standards and Zoning Compliance. To ensure the structural integrity of antenna towers, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no antenna Substitute Bill 2013-124—Page 3 SUBSTITUTE or tower shall be erected or expanded prior to receipt of a certificate of zoning authorization and the issuance of a building permit. 5. Regulatory Compliance. All 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 regulate communications antennas and towers. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City. 6. Excess Capacity and Planned Future Use. Any applicant for a building permit to install, build or modify any tower shall furnish the Director a statement of the excess capacity of the tower and plans, if any, for anticipated growth. In addition, the applicant must design the tower and indicate on the application that the tower will accommodate at least one additional antenna similar to the principal antenna. F. Co-location. I_ Co-location of Facilities on New Towers. New towers constructed within the City shall be capable of accommodating at least one additional carrier or telecommunications facility for one other provider of communications services (hereinafter referred to as "additional capacity"). A report describing the tower's ability to support additional capacity shall be submitted with the application. Technical limitations regarding disguised support structures shall include limitations as are necessary to maintain the requirements of a disguised support structure. The willful knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential wireless service provider users shall be unlawful and shall be a violation of this Section and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner or applicant to install, build or modify wireless communications facilities within the City. The approval authority may waive this requirement for disguised support structures if the applicant submits a written request demonstrating that compliance cannot be achieved without violating one or more of the definitional requirements of a disguised support structure. 2. Co-location on Existing Towers. PrieF to the issuanee of any peFmit to akff or ...,.a:a. any suppeA stmewre existing en the effeet"OL &aW Af this Seetion, the owner shall provide to the City eeflimitting to Owners of existing towers shall make such support structures available for use by etheFS other wireless service providers subject to reasonable technical limitations and reasonable financial terms. Technical limitations regarding disguised support structures shall include limitations as are necessary to maintain the requirements of a disguised support structure. The willful and knowing failure of a structure owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build, or modify telecommunication facilities within the City. 3. Shared Use Violations. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the Director in writing. The Director may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of the Telecommunication Facility Permit Review Fee, as outlined in Appendix Y, to the City to be used to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten substitute Bill 2013124—Page 4 SUBSTITUTE (10) calendar days to provide a written submission to the Director responding to the alleged violation of the shared use requirement. If deemed necessary by the Director, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the Director receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to thirty(30) days or until the Director has determined that the applicant has complied. Nothing herein shall be deemed to create a cause of action for relief against the City or entitlement to any relief, process or enforcement other than review by the City as provided herein. An application for a new telecommunication tower shall not be deemed complete for acceptance until all information necessary for a decision on compliance has been provided by the applicant. G. Tower Inventories. Prior to the issuance of any permit to install, build or modify any support structure, such applicant shall famish the Director an inventory of all support structures owned or controlled by the applicant and by proposed antenna user (if the proposed antenna user is different from the applicant), and all towers owned by any person located within one and one-half miles of the proposed structure. The inventory shall include the structure or antenna reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas, assessment of available space for mounting of additional antennas and an assessment of available ground space for the placement of additional equipment shelters. H. Notice of Tower Applications. Prior to any application for the construction of a new telecommunication tower, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users within the City, including but not limited to all companies providing wireless internet and commercial mobile radio services in the City, and such other potential users, if any, identified on a schedule maintained by the Director. Proof of such delivery shall be documented by the applicant with the application to the City. The Director may establish a form required to be used for such notifications and establish other procedures consistent with and as may facilitate compliance with this Section. Any party seeking shared use of a telecommunication tower subject to this provision shall, after responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. The Director shall, before deciding on the application or forwarding it to the Approval Authority for review, allow all persons receiving notice at least fifteen(15)calendar days to respond to the City and the applicant and request that the party receiving notice be permitted to share the proposed tower or locate within one (1) mile of such area. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new telecommunication towers. I. Exception from Maximum Height and Bufferyards. 1. Where, as determined by the director, additional co-location opportunities on an existing tower constructed prior to September 8, 1997, are not practical without an increase in the height of the tower, a permittee of an existing tower may modify the height of its tower to accommodate co-location of additional telecommunications facilities as long as the total height of the tower and telecommunications facilities attached thereto do not e*eeed the height allewed undeF this Seetien by more than 20 fiDet does not exceed 10 percent of the height of the existing tower or 20 feet, whichever is heater. 2. Permission to exceed the maximum permitted height pursuant to this subsection shall not require an additional distance separation as set forth in Exhibit 35-42.A and Exhibit 35- SubstiMe Bip 2013124—Pape 5 SUBSTITUTE 42.B, nor additional bufferyards or landscaping above that required for the original tower. The tower's premodification height shall be used to calculate such distance separations. J. Same Tower Type. A tower which is modified to accommodate the co-location 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 authority pursuant to Section 35-72G. K. Movement of Tower. 1. A tower which is being replaced to accommodate the co-location of additional telecommunications facilities may be moved on the same premises as it was constructed on, or to an adjacent premises, within 50 feet of its existing location as long as required setbacks and bufferyards are maintained. 2. A tower that is relocated pursuant to this subsection shall continue to be measured from the original tower site for the purpose of calculating the separation distances between towers pursuant to Exhibit 3542.B. 3. Prior to the relocation of a tower within a residential area, notice shall be given to adjacent property owners within 185 feet of the proposed tower site. L. Location on Government Property. New telecommunication towers shall be located on land owned by an agency of the federal or state government or a political subdivision of the state, where available. Availability of suitable locations on government property shall be determined by the City Administrator. Appeals on the suitability of a location on government property shall be heard by the Board of Adjustment. M. Telecommunication Facilities as Permitted or Accessory Use. 1. Permitted Use. The placement of telecommunications facilities is a permitted use in several districts as set forth in Exhibit 35-28 and this subsection. Permits for permitted facilities are approved by the Director in conformance with Section 35-72.G. a. The attachment of additional or replacement eemplying antennas or equipment to any existing€ally een€eFming telecommunication facility provided that: (i) Additional equipment is located within the existing shelter or cabinet or a new shelter or cabinet contained within the fenced telecommunication facility area (ii) Any expansion of a fenced area of the tower site to accommodate additional ¢round equipment shall include the upgrade of the site fencing to the design standards contained in Section 3542.Q and other applicable requirements of this Section including the replacement of chain link fencing with solid screening fencing. (ii) No increase in height occurs, except as permitted by this section. (iii) All requirements of this Section, the Zoning Code, and other chapters of the City Code are met. b. The one-time replacement of any tower existing on September 8, 1997, or subsequently approved in accordance with the telecommunications towers regulations, so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard and the new structure otherwise complies with Section 3542. The new tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower shall be replaced with a monopole. The height of the new tower may exceed that of the original by not more than 20 feet. Subsequent replacements shall adhere to the requirements for new towers. Substitute Bill 2013124—Page 6 SUBSTITUTE C. The mounting of antennas on any existing and conforming commercial, industrial, or institutional building or structure other than a support structure (such as a water tower), provided that the presence of the antennas and equipment is in conformance with Section 3542.M.2 relating to accessory use and Section 3542.Q relating to design and construction standards. CL The mounting of camouflaged antennas on or within any existing high-voltage electric transmission tower or steel functioning utility poles net-exeeedieg ferfy feet (40 . Equipment shall not exceed the height of such tower by more than ten feet (10') and all requirements of this Section, the Zoning Code, and other chapters of the City Code shall be met, except that setbacks provided in this Section shall not apply. undefP F ound and shall other-wise eemp l„ with requirements o _ ""'�°'T utility Any related equipment for antennas Permitted by this subsection located within the right-0f--way shall be subject to the applicable Permitting process. e. The installation of antennas or the construction of a telecommunication tower on buildings or land owned by the City following the approval of a lease agreement by the Governing Body and subject to such specifications, conditions and requirements as set forth in the lease. f. Temporary Towers erected and maintained for a period not to exceed 60 days for the purpose of replacing an existing tower, testing an existing or proposed network, or providing temporary service. The approval for such a tower shall be limited to the amount of time necessary for its purpose and approval may be further conditioned for public safety and other purposes of this Section. 2. Accessory Use. Any telecommunications facilities which is not attached to a tower and not permitted by Section 3542.M.I is deemed an accessory use and shall be permitted on any commercial, industrial, institutional or multi-family structure and on land owned by the City, provided that the person making such accessory use registers the telecommunication facility and obtains a telecommunication facility permit and building permit. Such accessory uses shall meet the following standards: a. The total height of the antenna support structure and telecommunications facilities shall not exceed the structural height limitations in the applicable zoning district listed in Exhibit 35-51.A by more than 20 feet and shall not extend above the top of the building by more than 20 feet; b. The antenna support structure and telecommunications facilities shall comply with the City's adopted building code and any applicable state law, shall not encroach on the public rights-of-way, and a building permit shall be obtained from the Building Regulations Division; C. Any telecommunications facilities and antennas located on the roof or sides of a building shall comply with setbacks required by the City's adopted building code, if any, and shall not extend more than 50 inches in the horizontal plane from the side of such 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 50 inches. Any extension beyond 50 inches must be approved by the Director prior to construction of said antenna and such approval shall be dependent upon a showing that coverage is unavailable but for the extension, that the extension does not violate any other building code of the city, state or federal law that is applicable, encroach upon public rights-of-ways, and the extension does not pose any danger to the traveling public; Substitute BiY 2013124-Page 7 SUBSTITUTE d The telecommunications facility will be side-mounted to an antenna support structure so as to exhibit a minimal profile or will utilize camouflaging techniques in order that the telecommunications facility will harmonize with the character and environment of the area in which it is located Antennas and support structures shall be painted to blend with the color of the building if such painting will not interfere with functioning of the antenna or support structure. Antennas and support structures shall meet the Design and Construction Standards of Section 35-42.Q; and, e. All requirements of Section 35-42, the Zoning Code, and the City Code shall be met. N. Telecommunication Facilities as a Conditional Use 1. The placement of telecommunication facilities is a conditional use in several districts as set forth in Exhibit 35-28 and this Section. All proposals to install, build or modify an antenna or support structure as a conditional use shall require the approval of a Conditional Use Permit following a duly advertised public hearing by the Board of Adjustment, subject to the following. a. Applications. Applications for conditional use permits shall be filed and processed subject to and in the manner and timeframe as established in Section 35-73A of the Zoning Code and, in addition to such other requirements, shall be accompanied by the applicable fee for a conditional use permit application and a deposit of funds, as outlined in Appendix Y, for reimbursement of professional service and staff review costs, or such other deposit amount as may be established by the approval authority reasonably necessary to reimburse the City for such anticipated costs and fees for legal, engineering, contractual or other consultant services determined by the City to be needed in review or action on the application. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. b. Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of a telecommunication facility as a permitted or accessory use pursuant to Exhibit 35-28 or Section 35-42.M is not technologically or economically feasible. The City may consider current or eBerging industry standards and practices, among other information, in determining feasibility. C. Decision. A decision by the approval authority 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 may be submitted with the application or thereafter, or presented during the public hearing by the applicant or others. d Findings Required. In addition to the determinations or limitations specified herein and by Section 35-73A for the consideration of conditional use permits, no conditional use permit shall be approved by the governing body unless findings in the affirmative are made that the following conditions exist: (1) No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering: (a) height; (b) structural strength; (c) resulting signal interference; (d) feasibility of retrofitting; (e) feasibility of redesigning the applicant's tower network; or (f) other limiting conditions that render existing towers, structures or buildings within the applicant's required geographic area unsuitable. Substitute Bill 2013-124—Page 8 SUBSTITUTE (2) That the design of the tower or structure, including the antenna, shelter and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision. (3) That the proposal minimizes the number and/or height, size, and visibility of towers or structures that will be required in the area. Where alternate technology or design exists or is reasonably available that would satisfy the general need for the proposal, this factor is ordinarily not satisfied. (4) That the applicant has not previously failed to take advantage of reasonably available co-location opportunities or procedures provided by this Section or otherwise. (5) 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. e. If any one of the findings is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section. f. Additional Limitations. (1) No tower shall be approved at a height exceeding 150 feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system. 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 including but not limited to the use of two or more telecommunication towers, and the reason why such alternatives are not viable. (2) A conditional use permit shall not be issued for any telecommunication facility that the Board of Adjustment determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such District as a whole. (3) A decision by the Board of Adjustment 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. O. Telecommunication Facilities within a PUD District. 1. Applications for telecommunication facilities located on property zoned PUD Planned Unit Development shall be processed in accordance with Section 35-74.0 with review by the Planning and Zoning Commission and City Council (rather than the Board of Adjustment). 2. Findings Required. When considering applications for telecommunication facilities greater than 70 feet in height in PUD Districts, the Planning and Zoning Commission and City Council shall base their decisions upon, and shall make findings as to, the existence SulstRute Bill 2013124-Page 9 SUBSTITUTE of the required findings and conditions contained within Section 3542.N and Section 35- 73.A. 3. Towers located in districts zoned PUD shall adhere to the standards and requirements of Section 3542. Variations from the standards and requirements may be approved by the City Council upon finding that such variations would: a. Not eliminate an adequate supply of light or air to adjacent property, substantially increase congestion in the public street, increase the danger of fire, or endanger the safety of the public; b. Not be unduly injurious to the use and enjoyment of adjacent property nor substantially diminish property values in the neighborhood;and C. Be in keeping with the general spirit and intent of this chapter. P. Coverage Studies and Professional Services 1. RF Engineer Certification Required; Additional Studies. The City may require, at the expense of the applicant, any additional studies or the hiring of an external consultant, including technical and legal services, to review exhibits and/or other requirements in accordance with this Section. Applications for a new telecommunication tower shall be considered only after a report by a Radio Frequency Engineer stating that the planned telecommunication equipment cannot be accommodated on an existing or already approved tower that is capable of shared use and providing facts, including the alternatives considered and precise cost estimates where cost is a basis for the determination, clearly demonstrating one or more of the following conditions: a. Planned telecommunications equipment would exceed the structural capacity of an existing or approved tower, and the tower cannot be reinforced to accommodate planned telecommunication equipment at a reasonable cost; b. Planned telecommunications equipment will cause radio frequency interference with other existing or planned telecommunications equipment for that telecommunication tower and the interference cannot be prevented at a reasonable cost; C. Existing or approved telecommunication towers do not have space on which the planned telecommunications equipment can be placed so it can function effectively and at least in parity with other similar telecommunications equipment in place or approved by the City or other area jurisdictions; or d. Other reasons that make it impractical and not feasible to place the telecommunications equipment planned by the applicant on an existing or approved telecommunication tower. 2. When requesting a variation from the standards of Section 3542 or when requesting a permit for a location off of government property, the applicant shall provide additional information at the request of City Staff in order to support the application. This information may include, but is not limited to, the results of any drive test data and/or other computerized signal area coverage studies conducted by the applicant within the City, including a non-technical description of the results of the studies and implications for the siting of the proposed wireless telecommunication facility. 3. The Board of Adjustment, Planning and Zoning Commission, or City Council may hire, at the expense of the applicant, any consultant and/or expert necessary to assist in reviewing and evaluating any applications for telecommunication facilities. Q. Design and Construction Standards. 1. Design. SubstiMe BW 2013124—Page 10 SUBSTITUTE a. Designs allowed: (1) Monopole design. New telecommunication towers shall be of a monopole design. Lattice, guyed towers or other non-monopole tower designs shall not be permitted (2) Disguised support structures. Structures meeting the definition of a disguised support structure contained in Section 35-92 may be approved or required by the Approval Authority in order to satisfy applicable findings. Antennas attached to a disguised support structure shall be contained within the disguised support structure or mounted flush on the surface of the tower to which they are mounted. (3) Building mounted. Antennas attached to an existing building or structure shall be of a color identical to the surface to which they are mounted- Antennas extending above the roof of a building shall be side mounted to a support column so as to exhibit a minimal profile. b. Color. Subject to the requirements of the FAA or any applicable State or Federal agency, Towers and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Approval Authority, consistent with the requirements of this Section. Unpainted galvanized steel support structures are not permitted. C. Ground Equipment. Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All equipment shall be placed underground, contained in a shelter or cabinet, or wholly concealed within a building or approved walled compound. d. Towers shall not exceed the height limitation of the Airport Overlay District adopted by the City. e. All permittees 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, unless such use shall create a hazard for the traveling public or it is not technically feasible to use such design and co-locate other facilities on the tower. f. Advertising. The placement of advertising on structures regulated by this Section is prohibited g. Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning. h. Disguised Support Structure Standards. Disguised support structures shall meet the following criteria: (1) The structure is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located- (2) The structure does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate. (3) The structure cannot be identified as an antenna support structure by persons with reasonable sensibilities and knowledge. Substihrte Bill 2013124—Page 11 SUBSTITUTE (4) The structure's equipment, accessory buildings, or other aspects or attachments relating to the structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated (5) The structure is of a height, design and type that would ordinarily occur at the location and neighborhood selected 2. 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 laws and other standards outlined in this Section. A building permit shall be obtained before construction may begin. 3. Setbacks and Separation Requirements a. All towers shall be set back a distance equal to 50 percent of the height of the tower up to 100 feet, plus one foot for each foot over 100 feet in height. b. 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. C. In addition to required setbacks outlined in this section,towers shall be separated from the types of area designated in Exhibit 35-42.A- d. 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 property line of a designated area as specified in the exhibit. Separation distances for towers located on the same property as a designated area shall be measured from the center of the tower to the closest structure of the designated area. Exhibit 3542.A Separation Requirements Designated Area Separation Distance Single-family or duplex residential land or single- 300 feet. If the tower is of a disguised support family or duplex units in a residential district' structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Vacant single-family or duplex residentially zoned 300 feet. If the tower is of a disguised support land which is either platted or has preliminary structure design, then the separation distance may be subdivision plat approval which is not expired reduced to 100 percent of the height of the tower. Vacant un-platted residentially zoned land and 200 Seel or 100 percent of the height of the tower, residential units in non-residential zoned districtst whichever is greater. If the tower is of a disguised support structure design,then the separation distance may be reduced to 100 percent of the height of the tower. Existing multi-family residential land or units greater 100 feet or 100 percent of the height of the tower, than duplex units whichever is greater. If the tower is of a disguised support structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Non-residentially zoned hands or non-residential uses None;only setbacks apply. - Approved heliports 100 feet or 100 percent of the height of the tower, whichever is greater. Substitute Bill 2013-124—Page 12 SUBSTITUTE Designated Area Separation Distance Includes modular homes and mobile homes used for living Purposes. e. Separation distances set forth in this subsection may be varied by the Board of Adjustment or City Council (as the applicable approval authority) upon finding that: (1) The location, shape, appearance, or nature of the 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 additional carrier of various telecommunications services; and, (3) The proposed tower and use will not create a blight on adjacent property, or interfere with adjacent uses within the separation area;and (4) An exception is necessary for the engineering design of the system of the tower or that no other option is available to provide coverage for the service area. f. Proposed towers must meet the following minimum separation requirements (see Exhibit 3542.13) from towers existing at the time a permit is granted unless constructed for the purpose of providing co-location capacity on the same site as another tower designed for the same purpose. Exhibit 3542.13 Existing Towers-T es and Minimum Separation Requirements PROPOSED Lattice or Guyed lattice or Guyed Monopole Towers Monopole Towers TOWERS -TYPES 150 ft.in Height less than 150 ft.in 75 ft.in Height or Less Than 75 ft.in or Greater Height Greater Height Lattice or Guyed 3,000 ft. 2,500 ft. 1,500 ft. 750 ft. Monopole 75 ft. in 1,500 ft. 1,500 ft. 1,500 ft. 750 ft. Height or Greater Monopole Less Than 75 750 ft. 750 ft. 750 ft. 750 ft. ft. in 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. 5. 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. 6. Illumination. Towns shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme shall be made a part of the application to install, build or modify the tower. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the Substitute Bill 2013-124—Page 13 SUBSTITUTE Approval Authority on the approved site plan. At the 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 which is 300 percent of the height of the tower from the tower. 7. Fencing and Screening. All towers shall be: a. Surrounded by a minimum of six foot high solid screening wood or maintenance free vinyl fence or decorative wall constructed of brick, stone or masonry materials. b. In lieu of the required fence, an alternative means of screening may be approved by the Approval Authority upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping or other improvements may be required for disguised support structures if needed to implement an approved disguise. 8. Bufferyard and Landscape. In addition to the Fencing and Screening requirements, parcels containing towers, antenna towers or telecommunications facilities shall be in conformance with the applicable bufferyard requirements in the zoning district where the tower, antenna tower or telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. The Approval Authority may require additional landscaping if to do so would make the tower, antenna tower or telecommunications facility more reasonably compatible with the surrounding area. All vegetation used in the landscaping shall be located outside any fenced area. 9. Security. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities. 10. Access. All parcels upon which towers are located must provide access to at least two vehicular parking spaces located within 100 feet of the tower. Traffic associated with the facility shall not adversely affect traffic on adjacent streets. 11. Drainage. All parcels upon which towers are located must contain adequate drainage facilities, which are approved by the Director. R. Maintenance. 1. Permittees 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. Permittees 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 interfere with the use of other property. 3. All towers, telecommunications facilities and antenna towers 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. S. Abandonment of Tower. 1. In the event the use of any tower has been discontinued for a period of two years, such tower shall be deemed abandoned. 2. The Director shall provide the tower owner three months notice and an opportunity to appeal the decision to the Board of Adjustment in accordance with Section 35-70.J before declaring the tower abandoned and ordering the removal or demolition of the tower. In Substitute Bill 2013124—Page 14 SUBSTITUTE the event the tower owner provides evidence of intended use of the tower, an extension of no more than one year may be granted by the Director. 3. After a public hearing is held pursuant to Section 35-70.J, the Board of Adjustment may order the removal or demolition of the tower. T. Commercial Operation of Unlawful Tower or Antenna. 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 Section, regardless of whether such antenna or structure is located on land owned by a governmental entity. U. Penalty. Except as may otherwise be provided by law, any person violating this Section shall be subject to a fine of not more than five hundred dollars($500)or 90 days in jail or both. Each day the violation continues shall constitute a separate offense. Drafters Note: Change status of Section 35-4 1.8.26 to Reserved" Section 2. Chapter 35 (Zoning Code), Section 72 (Staff approval — development permits), Subsection G (Telecommunications Facility Permit) is hereby deleted and a new Section 35-72.G enacted as follows: Section 35-72.G G. Telecommunications Facility Permit. 1. Purpose. The purpose of a telecommunication facility permit is to ensure that the antennas and antenna tower are installed safely, do not pose potential burdens on the public, and comply with the standards of Article IV, Section 3542. 2. Applicability. The placement of telecommunications facilities is a permitted use or a permitted accessory use in several districts as set forth in Exhibit 35-28 and Section 35- 42. Applications for permitted uses shall adhere to the application and review procedures of this Section. 3. Application and Review Procedures. a. Applications for a telecommunications facility permit shall be made on the appropriate forms to the Director and accompanied by a payment of the telecommunication facility permit review fee as outlined in Appendix Y. Deposit of funds for reimbursement of professional services, as outlined in Appendix Y, shall be submitted with telecommunication facility permit applications for new towers or if requested by city staff for other telecommunication facility permit applications. In addition to the above, upon request by the Director, an applicant shall deposit with the City such additional amounts reasonably necessary to reimburse the City for such anticipated costs and fees for legal, engineering or other contractual or other consultant services determined by the City to be needed in review or action on the application. No application for an administrative permit under this section shall be deemed complete until the applicant has paid all fees and deposits required under this Section. Any amount not used by the City shall be refunded to the Applicant upon written request after a final decision. b. The applicant shall submit, along with its completed application form, a detailed site phm, based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site SubstOute Bill 2013124—Page 15 SUBSTITUTE residential structures, required setbacks, required buffer and landscaped areas, hydrologic features, and the coordinates and height AGL of the existing or proposed telecommunication facility. C. The application shall be reviewed by the Director to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility. In the event of an incomplete application, the Director shall notify the applicant that their application is incomplete within 30 days. d. The Director shall issue a decision on the permit within 90 days of the date of application for applications requesting co-locations or 150 days for all other applications or the application shall be deemed approved unless the time period for review and action is extended in writing by the Director or Approval Authority for reasonable cause. The Director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to effectuate the purposes of this Chapter. The Director may consider the purposes of Section 3542 and the factors established therein for granting a telecommunication facility permit, as well as any other considerations consistent with Section 35-42. A decision to deny an application shall be made in writing and state the specific reasons for the denial. 4. Appeals. Unless otherwise required by law, appeals from the decision of the Director shall be made first to the Board of Adjustment in accordance with Section 35-73.0 regarding appeals from administrative decisions. Final decisions of the Board of Adjustment shall be subject to judicial review pursuant to Chapter 536,RSMo. 5. Validity. The telecommunications tower permit shall be valid as long as the facility is in use and is in compliance with all applicable city and federal regulations. Section 3. The following modifications to Chapter 35 (Zoning Code), Exhibit 35-25 (Land Uses Authorized in Zoning Districts)are hereby approved: Fsblblt 3&M land Uasa Arbodaad In ZDN DWWA UIa Calagury SpecMc W Type rnN D. RU RS-1 RS-2 IRS-3 IRS-4 RD RA 7 RA 2 ILO RC C-0 7 JR2 JS4 lW1 lWZ T411 d enlea•MI 1.TWa .0 Ms FacillOm nr aacaadnD TO teat b bOdN err caysbleof xa rlasterw elect/ ."union Fwhf.nr Permlaed C C C C C C C C c C c C Under Sedws 26-Zt126.72.131rq a 2H83 tar r�,d apadnp bei�fiywy�f� N h@Wft>talecmrracrim b ban OW TO fee In hem nd C110111010 of r IMI a MAlmr carrier. Drafters Note: Deleted teat shown as thus. Inserted tent shown as thus. Section 4. The following additions to Chapter 35 (Zoning Code), Section 92 (Definitions), are hereby approved: Disguised Support Structure. Any free-standing, man-made structure designed for the support of Antennas, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, light standards, flag poles and artificial trees. Substitute Bill 2013124-Page 16 SUBSTITUTE Support Structure. Any building, pole, telescoping mass, tower, tri-pod, or other structure which supports an antenna. Wireless Communications Facility. Any Antenna, Cabinet, Shelter and Support Structure and associated equipment. Section 5. The following fees are incorporated into Appendix Y: 35-42 Telecommunication Facility Fees: Conditional Use Permit Application $206.00 Telecommunication Facility Permit Review Fee $206.00 Deposit for reimbursement of professional services $2,500.00 Section 6. This ordinance shall be in full force and effect from and after its passage and approval. Passed: v�/� Approved: Presidi icer Mayor ATTEST: APPROVED AS TO FORM: A��A-li City Cf6rk tity Counselor SuWbde 811 2013-124-Page 17