City of Byrnes Mill, MO Article XVI Telecommunication Facilities and Antenna Regulations

Section 400.471 Communication Antennas and Towers.

[R.O. 2011 §400.471; Ord. No. 503-01, 8-15-2001]

A. Purpose. The purpose of this Article is to:

1. Provide for the appropriate location and development of communication facilities and systems to serve the citizens and businesses of the City.

2. Minimize adverse visual impact of communications antennas and towers through careful design, siting, landscape screening and innovative techniques.

3. Protect residential areas/land uses from potential adverse impacts of towers.

4. Maximize the use of existing and new towers so as to minimize the need to construct new or additional facilities.

5. Maximize and encourage the use of disguised support structures and antenna support structures so as to ensure the architectural integrity of designated areas within the City and the scenic quality of protected natural habitats.

6. To promote and encourage shared use/co-location of towers as a primary option rather than construction of additional towers.

Section 400.472 Definitions.

[R.O. 2011 §400.472; Ord. No. 503-01, 8-15-2001]

As used in this Article, the following terms shall have the meanings and usages indicated:

ANTENNA

Any device that transmits or receives radio frequency signals for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than six (6) feet in diameter and any receive-only home television antennas.

ANTENNA SUPPORT STRUCTURE

Any building or other structure such as a water tower, other than a tower or a disguised support structure as herein defined, which can be used for the location of telecommunications.

COMMUNICATIONS EQUIPMENT CABINET

A structure for the protection and security of communications equipment associated with one (1) or more antennas where direct access to equipment is provided from the exterior.

COMMUNICATIONS EQUIPMENT SHELTER

A building for the protection and security of communications equipment associated with one (1) or more antennas and where access to equipment is gained from the interior of the building.

DISGUISED SUPPORT STRUCTURE

Any freestanding, manmade structure used for the support of communications antennas, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, light standards, flagpoles and artificial trees.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

The vertical distance measured from the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.

TOWER

A structure designated for the support of one (1) or more antennas including mixed towers, self supporting (lattice) towers or monopoles but not disguised support structures or antenna support structures as herein defined. The term shall not include any support structure owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

Section 400.473 Permitted Uses.

[R.O. 2011 §400.473; Ord. No. 503-01, 8-15-2001]

A. The following shall be permitted in non-residential zones subject to the issuance of a building permit by the Building Commissioner, provided that drawings and other documentation are submitted showing compliance with Section 400.476 of this Article:

1. The attachment of additional or replacement antennas to any tower; or the addition of communications equipment shelters or cabinets to any tower site existing prior to approval of this Article in accordance with these regulations.

2. The mounting of antennas on any existing antenna support structure. This shall not include the mounting of antennas on signs.

3. The installation of antennas or towers on structures or land owned by the City will be a first (1st) priority for location selection subject to approval by the Board of Alderpersons.

Section 400.474 Appeals.

[R.O. 2011 §400.474; Ord. No. 503-01, 8-15-2001]

Appeals from the denial of a building permit by the Building Commissioner/Public Works Director under Section 400.473, when the denial is based on failure to comply with the provisions of this Article, shall be made to the Board of Adjustment. Any decision of the Board of Adjustment upholding a decision to deny a building permit under Section 400.473 shall be in writing and supported by substantial evidence contained in the written record.

Section 400.475 Towers — Special Uses.

[R.O. 2011 §400.475; Ord. No. 503-01, 8-15-2001; Ord. No. 795-12 §1, 8-15-2012]

A. It is the policy of the City of Byrnes Mill to minimize the number of towers and to encourage the co-location of antennas of more than one (1) wireless communications service provider on a single tower. Construction of new communications towers or any alteration of a communications tower not covered under Section 400.473 above shall be allowed only after the issuance of a special use permit.

1. Applications for special use permits shall be filed and processed in the manner established by Byrnes Mill Ordinance in Article XX, Special Use Regulations, of this Chapter. In addition, the application shall include the following:

a. The names, addresses and telephone numbers of all owners (including the applicant) of other towers or disguised support structures which are capable of providing a location to construct the telecommunications facilities that are planned to be housed or located on the tower within the City of Byrnes Mill and within one-half (½) mile of the City limits of the City of Byrnes Mill.

b. Written documentation that the applicant made diligent but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications facilities on City-owned towers or antenna support structures.

c. Written documentation that the applicant made diligent but unsuccessful efforts to install or co-locate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons.

d. Written documentation stating whether the applicant's telecommunications facilities are technically capable of being installed or co-located on another person's tower or support structure.

e. If the applicant asserts that its antenna or other facilities are technically infeasible of being installed or co-located on another person's tower or support structure, a written statement from the applicant setting forth in detail the reason(s), with regard to each person contacted, why such installation or co-location is technically or economically infeasible.

f. If the tower is designated to accommodate one (1) or more additional carriers, the application shall designate the nature of the co-location that will be accommodated.

g. A site plan drawn to scale specifying the location of the tower, its planned height, guy anchors (if any), equipment shelters and cabinets, parking layout, landscaping, screening and the zoning designation of the site.

Items (a) through (g) above shall be certified as to accuracy by a professional engineer.

2. In rendering its decision on a special use permit request, the Board of Alderpersons shall consider the following:

a. Whether or not existing towers are located within the geographic area necessary to meet the applicant's engineering requirements.

b. Whether or not existing towers, structures or building within the applicant's required geographic area are of sufficient height to meet system engineering requirements.

c. Whether or not existing towers or structures have sufficient structural strength to support the applicant's proposed antennas.

d. Whether or not the fees, costs or other contractual terms required by the owners(s) of existing tower(s), structures(s) or building(s) within the required geographic area of the applicant or to retrofit the existing tower(s) or structure(s) are reasonable.

e. Whether or not there are other limiting conditions that render existing towers, structures or buildings within the applicant's required geographically area unsuitable.

f. Whether or not the proposal minimizes the number and size of towers or structures that will be required in the area.

g. Whether or not the applicant has previously failed to take advantage of available shared use opportunities provided by this Article or otherwise.

h. Whether or not the applicant has provided sufficient evidence indicating that the tower will be made available for use by others, subject to reasonable technical limitations and reasonable financial terms.

3. Written record. Any decision to deny a request to construct or alter a tower shall be in writing and supported by substantial evidence contained in the written record.

Section 400.476 General Requirements.

[R.O. 2011 §400.476; Ord. No. 503-01, 8-15-2001]

A. The requirements set forth in this Article shall be applicable to all antenna towers installed, built or altered after the effective date of this Article to the full extent of the law.

1. 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 standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency.

2. Security. All antennas and towers shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or alter antennas or towers. Additional measures may be required as deemed necessary by the Board of Alderpersons in the case of a special use permit.

3. Lighting. Antennas and towers 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 will be made a part of the application to install, build or alter the antenna or tower. Strobe lights shall not be used unless required by the FAA or other State or Federal agency with authority to regulate.

4. Advertising. Placement of advertising on structures regulated by this Article is prohibited.

5. Height. The height of a tower shall be governed by the underlying engineering requirements; however, when rendering its decision on a special use permit for a new tower, the Board of Alderpersons may allow an increase in height as it deems appropriate.

6. Design.

a. Towers shall maintain a galvanized steel finish or subject to the requirements of the FAA or any applicable State of Federal agency, be painted a neutral color consistent with the natural or built environment of the site.

b. At the discretion of the Board of Alderpersons, equipment shelters, cabinets and guy anchors shall be screened from view by a permanent screen consisting of a masonry wall, wood fence, landscaping material, or combination there of, at least eight (8) feet in height.

c. All towers shall meet the setback and yard requirements of the applicable zone. In addition, all towers shall be separated from any off-site residential structure, or the boundary of any residentially-zoned property, a distance equal to the height of the tower.

d. Ground anchors of all guyed towers shall be located on the same parcel as the tower and meet the setbacks of the applicable zone.

e. On-site parking for periodic maintenance and service shall be provided at all tower locations.

f. The horizontal dimensions of a communications equipment cabinet shall not exceed four (4) feet by six (6) feet.

g. Materials or equipment which is not in direct support of an antenna shall not be stored in a shelter.

Section 400.477 Obsolete Tower Structures and Antennas.

[R.O. 2011 §400.477; Ord. No. 503-01, 8-15-2001]

A. Any tower or disguised support structure which is not occupied by active antennas for a period of twelve (12) months or any antenna which is not used for a period of twelve (12) months shall be removed at the owner's expense. The Building Commissioner/Public Works Director is authorized to order the owner of any private property to remove any unused tower or antenna on the owner's property within a reasonable time specified by the Building Commissioner/Public Works Director. The order shall require the tower or antenna to be removed unless the owner, within ten (10) days of receipt of the order, appeals the matter to the Board of Adjustment pursuant to Article XXII, Zoning Board of Adjustment. If the Board of Adjustment finds that a tower has not been occupied by active antennas for twelve (12) months or an antenna has not been used for twelve (12) months, it shall order the tower or antenna to be removed within a specified time.

B. If the unused tower or antenna is not removed as specified in an unappealed order of the Building Commissioner/Public Works Director or as specified by the Board of Adjustment, the Building Commissioner/Public Works Director may cause the tower or antenna to be removed. The Building Commissioner/Public Works Director shall submit the actual cost of such removal to the owner of the property. If the owner does not pay the cost within thirty (30) days of receipt, the Building Commissioner/Public Works Director shall certify the cost to the City Administrator who shall cause a special tax bill against the property to be prepared and collected. The tax bill shall be due and payable from the date of issuance and shall be a lien on the property from the date of issuance until paid. Tax bills issued pursuant to this Article shall bear interest from the date of issuance at the rate of nine percent (9%) as set forth by Statute as Section 408.020, RSMo., or at any other rate which may be set by Statute for such back due obligations.

Section 400.478 Commercial Operation of Unlawful Towers or Antennas.

[R.O. 2011 §400.478; Ord. No. 503-01, 8-15-2001]

Not withstanding any right that may exist for a government 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 Article regardless of whether such antenna or structure is located on land belonging to a governmental entity.