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
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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.
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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
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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
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(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-
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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.
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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;
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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.
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(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
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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.
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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.
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(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
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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
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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
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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
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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:
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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
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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