[Ord. No. 1549 § 2, 3-17-2015[1]]
A.
Tower Structures. Unless otherwise provided by law
or variance, the following additional requirements shall apply to
the construction, alteration or maintenance of Towers:
1.
For purposes of this Section, the term "Tower" shall mean a
permanent structure, having a total height in excess of fifty (50)
feet measured from the ground and having one (1) or more legs designed
for the support of one (1) or more sign, antenna, light, wind turbine,
solar array or other object but excluding buildings serving other
purposes and meeting the building requirements for all purposes. A
tower shall not include existing electric utility poles installed
by a provider holding a certificate of convenience from the Missouri
PSC and installed consistent with industry practice and in conformance
with all otherwise applicable federal, state, local requirements.
2.
Safety fall zone required. All new Towers and
extensions or attachments thereto shall be separated by a safety fall
zone from any public rights-of-way, sidewalk or street, alley, parking
area, playground, or building (except for parking and buildings dedicated
solely for access to or maintenance of the Tower), and from any property
line, a distance equal to the height of the tower. Towers shall be
reasonably designed to reduce the potential damage to persons or property
from falling ice or equipment from the Tower or from wind damage or
structural failure.
3.
In addition to other applicable requirements, the Tower and
any appurtenances shall be safely maintained and fenced or otherwise
secured to prevent unauthorized access or climbing of the Tower. Barbed,
electrified or razor wire is prohibited. Tower legs shall be of monopole
design without use of lattice or guy wire support and be engineered
and designed with sufficient depth, counter-weight and other mechanisms
to address wind-loading and other failure risks under all reasonably
anticipated conditions and circumstances.
4.
All requirements in Section 417.040 shall apply to the construction, modification and maintenance of each tower and are reincorporated herein as building code requirements to the extent permitted by law.
5.
Any tower not operated for a period of six (6) months or more,
shall be deemed abandoned and the Building Commissioner shall send
notice of such determination and request for removal within a reasonable
time not to exceed ninety (90) days. If a tower is abandoned, it shall
be removed at the owner's expense. Failure to comply with this
provision shall constitute a public nuisance and building code violation
that may be remedied by the City at the tower or property owner's
expense. Any applicant for a new tower shall place a bond or other
security with the City prior to any final approval to ensure abandoned
towers can be removed. The bond or security shall be in the form and
amount approved by the Building Commissioner. The amount of the bond
shall be determined by the Building Commissioner to satisfy the requirements
hereof with regard to the specific tower to which it would apply based
on the estimated total cost of removal of that tower.
B.
Appeals. The procedures of Chapter 155, Administrative Procedure For Review of Certain Actions', shall govern appeals by any aggrieved person of a final action of any City Officer, employee, board, commission, or the Board of Aldermen that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation.
