City of Lake Ozark, MO
Miller County
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Table of Contents
Table of Contents
[Ord. No. 2015-02s §1, 2-24-2015[1]]
A. 
The City of Lake Ozark finds that wireless facilities and support structures may pose significant concerns to the health, safety, public welfare, character and environment of the City and its inhabitants. The City also recognizes that the development of wireless communications service can be a significant benefit to the City and its residents. In order to ensure that the siting, construction or modification of wireless facilities and support structures are in compliance with the City's building codes and are consistent with the City's zoning and land use requirements, the City hereby adopts a comprehensive wireless facilities application and permit process. The intent of this Ordinance is to:
1. 
Minimize the impact of wireless facilities and support structures through careful design, siting, landscape screening and innovative camouflaging techniques,
2. 
Provide for the appropriate location and deployment of wireless communications infrastructure to better serve the citizens and businesses of the City, and
3. 
To comply with applicable law, including the Federal Telecommunications Act of 1996 and the Missouri Uniform Wireless Communications Infrastructure Deployment Act.
[1]
Editor's Note: Former Ch. 425, Wireless Telecommunications Facilities, comprised of Sections 425.010 through 425.290, derived from Ord. No. 2014-10 §1, 2-11-2014, was repealed 2-24-2015 by §1 of Ord. No. 2015-02s.
[Ord. No. 2015-02s §1, 2-24-2015]
This Chapter shall be known and cited as the Wireless Facilities Ordinance of the City of Lake Ozark.
[Ord. No. 2015-02s §1, 2-24-2015]
For purposes of this Chapter, and where not inconsistent with the context of a particular Section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless facility or wireless support structure, including utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, storage sheds or cabinets.
ANTENNA
Any communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
APPLICANT
Any person engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services who submits an application.
APPLICATION
A request submitted by an applicant to the City to construct a new wireless facility or wireless support structure, for the substantial modification of a wireless facility or wireless support structure, or for collocation or replacement of a wireless facility on an existing structure.
BASE STATION
A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennae, coaxial cables, power supplies, and other associated electronics, and includes a structure that currently supports or houses an antenna, a transceiver, coaxial cables, power supplies, or other associated equipment.
BUILDING PERMIT
A permit issued by the City prior to commencement of work on the collocation or replacement of wireless facilities on an existing structure, the substantial modification of a wireless facility or wireless support structure, or the commencement of construction of any new wireless facility or wireless support structure, to ensure that the work to be performed by the applicant satisfies the City's applicable building code.
COLLOCATION
The placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.
DISGUISED SUPPORT STRUCTURE
Any freestanding, manmade structure designed for the support of wireless facilities, 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, pylon sign structures, water towers, artificial trees, flag poles, and light standards.
ELECTRICAL TRANSMISSION TOWER
An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.
EQUIPMENT COMPOUND
An area surrounding or near a wireless support structure within which is located wireless facilities.
EXISTING STRUCTURE
A structure that exists at the time a request to place wireless facilities on a structure is filed with the City. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with applicable building codes, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.
FAA
The Federal Aviation Administration or its duly designated and authorized successor agency.
FCC
The Federal Communications Commission or its duly designated and authorized successor agency.
HEIGHT
When referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.
PERSON
Any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.
REPLACEMENT
The construction of a new wireless support structure of equal proportions and equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.
SPECIAL USE PERMIT
The permit issued by the City prior to commencement of work on the substantial modification of a wireless facility or wireless support structure or the commencement of construction of any new wireless facility or wireless support structure, to ensure compliance with the City's zoning or land use requirements.
STANDARD OUTDOOR ADVERTISING STRUCTURES
All signs which advertise products, services or businesses which are not located on the same premises as the sign, including billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground.
SUBSTANTIAL MODIFICATION
The mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:
1. 
Increases the existing vertical height of the structure by: (i) more than ten percent (10%), or (ii) the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or
2. 
Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable); or
3. 
Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
4. 
Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
UTILITY
Any person, corporation, County, Municipality acting in its capacity as a utility, Municipal Utility Board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, waste water, data, cable television, or telecommunications or internet protocol-related services.
UTILITY POLE
A structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wire for telephony, cable television, or electricity, or to provide lighting.
WATER TOWER
A storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
WIRELESS COMMUNICATIONS SERVICE
Includes the wireless facilities of all services licensed to use radio communications pursuant to §301 of the Communications Act of 1934, 47 U.S.C. §301.
WIRELESS FACILITY
The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.
WIRELESS SUPPORT STRUCTURE
A structure, such as a monopole, tower, or building capable of supporting wireless facilities. The definition does not include utility poles.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
No person shall be permitted to substantially modify a wireless facility or support structure or to construct a new wireless facility or support structure as of the effective date of this Chapter without having first obtained a special use permit. Notwithstanding anything to the contrary in this Section, no special use permit shall be required to collocate or replace wireless facilities on an existing structure or for the exceptions noted in Section 425.050.
B. 
All wireless facilities or wireless support structures, existing on or before the effective date of this Chapter, shall be allowed to continue as they presently exist; provided, however, that any substantial modification of an existing wireless facility or support structure, and the construction of a new wireless facility or support structure, will require a special use permit in compliance with this Chapter.
C. 
Any repair or maintenance of a wireless facility does not require the application for a special use permit.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
A building permit shall be required for the construction, modification or repair of any wireless facility or wireless support structure that meets the following criteria:
1. 
A substantial modification of an existing wireless facility or support structure.
2. 
The construction of a new wireless communications facility or support structure.
3. 
The collocation or replacement of wireless facilities on an existing structure.
4. 
Wireless facilities or support structures that are mounted to the roof of any existing building, other than a single-family residence, provided that the building was not constructed primarily for the support of antennae and provided that the height of the facilities does not exceed ten (10) feet from its mounting and that such use is not otherwise prohibited by this Chapter.
5. 
The installation of a disguised wireless support structure and related wireless facilities as part of a building or structure that is otherwise allowed in the district in which located.
6. 
Wireless facilities or support structures for the operation of a commercial or public radio or television station licensed by the FCC or a local, State or Federal enforcement or emergency agency may be installed as permitted by law in nonresidential zoning districts.
7. 
The installation or mounting of antennae on any electrical transmission towers located in any commercial zoning district of the City.
8. 
Wireless facilities or support structures for the operation of a licensed amateur radio facility within the City. The application must be accompanied by proof that the applicant, or an occupant of the property, is a licensed amateur radio operator.
B. 
No building permit shall be required for the construction, modification or repair of any wireless facility or wireless support structure that meets the following criteria:
1. 
Wireless facilities or support structures that are owned and operated by the City in providing fire, police, transportation or other public service to the public.
2. 
Satellite earth stations less than six (6) feet in diameter and receive-only home television antennae, which are allowed as accessory uses in all districts without any building permit.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
All applicants for a building permit for wireless facilities and/or support structures shall comply with the requirements set forth in this Chapter and the City's applicable building code.
B. 
The City may reject applications not meeting the requirements stated herein or which are otherwise incomplete. In such case, the City will notify the applicant in writing, within ten (10) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make it complete. Upon receipt of such written notice from the City, an applicant may cure the specific deficiencies in the application in the time periods set forth in Section 67.5096.4 thirty (30) days for new wireless support structures), Section 67.5098.4 thirty (30) days for substantial modification of wireless support structures), and Section 67.5100.2 fifteen (15) days for collocation or replacement of wireless support structures), RSMo. If the applicant fails to cure the deficiencies within the applicable time period, the application will be deemed rejected by the City.
C. 
No collocation or replacement of wireless facilities to an existing structure shall occur until the application is reviewed and approved by the City and a building permit has been issued.
D. 
No construction or substantial modification of wireless facilities or support structures shall occur until the application is reviewed and approved by the City and a building permit as well as a special use permit have been issued.
E. 
All representations/statements made by the applicant to the City in the application may be relied upon in good faith by the City.
F. 
An application for wireless facilities or support structures shall be signed on behalf of the applicant by a person with knowledge of the contents and the completeness of the information.
G. 
Where a certification is called for in this Chapter, such certification shall bear the signature and seal of a registered professional engineer licensed in the State of Missouri.
H. 
In addition to all other required information as stated in this Chapter, all applications for the construction of new wireless facilities or support structures, or for a substantial modification of an existing wireless facility or support structure, shall contain the information hereinafter set forth:
1. 
The name, address, and phone number of the property owner and applicant. If the site has, or is to have, a tower and the owner of the tower is different than the applicant, provide name and address of the tower owner;
2. 
The postal address and tax map parcel number of the property;
3. 
The zoning district or designation in which the property is situated;
4. 
Size of the property stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;
5. 
The location of nearest residential structure;
6. 
The location, size and height of all existing and proposed structures on the property which is the subject of the application;
7. 
The type, locations and dimensions of all proposed and existing landscaping and fencing;
8. 
The size and centerline height location of all proposed and existing antennae on the supporting structure;
9. 
The number, type and model of the antenna(s) proposed with a copy of the specification sheet;
10. 
The make, model, type and manufacturer of the tower and design plan stating the tower's capacity;
11. 
A site plan describing the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;
12. 
Signed documentation to verify that the wireless facility with the proposed installation will be in full compliance with the FCC's rules for radio frequency emissions under 47 CFR §1.1307(b)(1) or other applicable Federal law, as amended;
13. 
A copy of the FCC license(s) applicable for the intended use of the wireless facilities; and
14. 
A copy of the geotechnical subsurface soils investigation, evaluation report and foundation recommendation for a proposed or existing tower site and if existing tower or water tank site, a copy of the installed foundation design.
15. 
The applicant will provide written documentation by a qualified individual or organization which shows any proposed new tower or existing structure intended to support wireless facilities is in compliance with FAA rules and regulations, as amended, and if it requires lighting. This requirement shall also be for any existing structure or building where the application increases the height of the structure or building. All filings with the FAA, all responses from the FAA and any related correspondence shall be provided with the application.
16. 
The applicant shall provide certification with documentation (structural analysis) that the wireless facility tower and foundation and attachments, rooftop support structure, water tank structure, and any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, City, State and Federal structural requirements for loads, including wind and ice loads.
I. 
If the proposal is for a collocation or replacement of a wireless facility on an existing structure, the applicant shall provide written certification of condition of the structure to support the wireless facilities.
J. 
There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues that will help to expedite the review and permitting process. A pre-application meeting shall also include a site visit if there has not been a prior site visit for the requested site.
K. 
An applicant shall submit to the City the number of completed applications determined to be needed at the pre-application meeting. Written notification of the application shall be provided to the legislative body of all adjacent municipalities as applicable and/or requested.
L. 
The holder of a special use permit shall notify the City of any intended modification of a wireless facility or support structure and shall apply to the City to modify or construct a wireless facility or support structure.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
The general criteria and preference for approving wireless facilities and support structures under this Chapter shall include the following:
1. 
Building codes and safety standards. All wireless facilities and support structures shall meet or exceed the standards and regulations contained in applicable State and local building codes, the National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability, and engineering.
2. 
Regulatory compliance. All wireless facilities and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other Federal or State agency with authority to regulate such facilities and support structures. Should any standards or regulations be amended, then the owner shall bring such facilities and support structures into compliance with the revised standards or regulations within six (6) months of the effective date of the revision unless a different date is established by the controlling agency.
3. 
Lighting. Wireless facilities and support structures shall not be illuminated at night unless required by the FAA or other Federal or State agencies, in which case, a description of the required lighting scheme will be made a part of the application.
4. 
Design.
a. 
The wireless facility, all accessory equipment and support structures should, to the extent reasonably possible, be architecturally and visually compatible with the surrounding buildings, structures, vegetation and/or other uses in the area or likely to exist under the regulations of the zoning district.
b. 
Wireless support structures, except disguised support structures, shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this Chapter.
c. 
Wireless facilities, other than antennae, shall have an exterior finish compatible with the natural or built environment of the site, and shall also comply with such other reasonable design guidelines as may be required by the City.
d. 
Wireless facilities mounted on buildings and other structures should be made to appear as unobtrusive as possible by location as far away as feasible from the edge of the building or structure and by making them color consistent with the natural or building backdrop.
e. 
Wireless facilities shall be screened by appropriate landscaping and/or fencing. Wireless support structures shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted materials which will provide a visual barrier to a minimum height of six (6) feet. Evergreen trees shall be a minimum of six (6) feet tall and deciduous trees not less than two and one-half (2 1/2) inches in caliper at the time of planting. Said landscaping strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six-foot high decorative masonry fence or wall may be approved by the City upon demonstration by the applicant that an equivalent degree of visual screening is achieved.
f. 
All wiring to or from the ground mounted antennae or antenna towers located more than five (5) feet from the nearest building wall shall be underground; provided, however, that feed lines to and from antennae for licensed amateur radio facilities which must be open to the air in order to operate as designed (open wire feed lines) need not be enclosed or located underground.
g. 
An access road, turnaround space and on-site parking shall be provided for all locations of wireless facilities and/or support structures to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
5. 
Location and setback. Wireless support structures, except disguised support structures, shall not be located within two hundred (200) feet of any residential structure. Support structures on parcels adjacent to residentially-zoned districts shall, at a minimum, meet setbacks of the applicable zoning district as required for the principal structure along the adjoining property lines.
6. 
Miscellaneous.
a. 
For any guyed wireless support structure, ground anchors shall be located on the same parcel as the structure and such anchors shall meet the setbacks required for accessory buildings within the zoning district.
b. 
Vehicle and outdoor storage on the site of any wireless facility or support structure is prohibited.
c. 
Prior to the issuance of a building permit or special use permit, other than for a collocation or replacement application, the City may require submittal of easement documents, lease agreements or other documentation of evidence of the right to use the property for the location of wireless facilities and/or support structures.
7. 
No more than one (1) antenna tower may be erected on any one (1) lot in the City unless the lot is larger than five (5) acres in which case one (1) additional tower may be installed on the same lot.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
Permitted Uses. Satellite earth stations less than six (6) feet in diameter and receive-only home television antennae are allowed as assessory uses in all zoning districts of the City without a building permit or special use permit. Wireless facilities and support structures that meet the following criteria may be constructed, repaired or modified upon receipt of a building permit from the City:
1. 
Collocation and replacement applications, provided, however, that no building permit may be issued for collocation to a certified historic structure, as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the City within thirty (30) days prior to issuance.
2. 
Wireless facilities and support structures that are mounted to the roof of any existing building, other than a single-family residence, provided that the building was not constructed primarily for the support of antennae and provided that the height of the facilities does not exceed ten (10) feet from its mounting and that such use is not otherwise prohibited by this Chapter.
3. 
Wireless facilities or support structures for the operation of a commercial or public radio or television station licensed by the FCC or a local, State or Federal enforcement or emergency agency may be installed as permitted by law in non-residential zoning districts.
4. 
The installation or mounting of antennae on any electrical transmission towers located in any commercial zoning district of the City.
5. 
Wireless facilities or support structures for the operation of a licensed amateur radio facility within the City. The application must be accompanied by proof that the applicant, or an occupant of the property, is a licensed amateur radio operator. The City may require the applicant file an application therefor with the City's Board of Adjustment for the construction of an antenna to such a height as it shall determine if it finds that topographical circumstances or other operational parameters of the antenna and associated equipment so require and to ensure adequate provisions are in place to protect adjoining properties.
B. 
Conditional Uses. All wireless facilities and support structures to be installed, constructed or otherwise modified that are not expressly permitted by Subsection (A) of this Section, and not prohibited by Subsection (C) of this Section, shall require a special use permit issued in accordance with this Chapter and Chapter 405 of the Municipal Code as well as a building permit.
C. 
Prohibited Uses.
1. 
No wireless facilities or support structures shall be permitted in a residentially-zoned district, other than for licensed amateur radio uses and disguised support structures located in residentially-zoned districts by special use permit.
2. 
No wireless facilities or support structures shall be permitted to have a total height in excess of one hundred eighty (180) feet except that disguised support structures approved through a special use permit in residentially-zoned districts shall be limited to a total height of one hundred (100) feet; provided however that such disguised support structure must be set back the height of the structure/tower plus ten percent (10%) from any residential structure.
3. 
No wireless facilities or support structures installed on a building shall exceed ten (10) feet from the highest point of the building, other than for licensed amateur radio uses.
4. 
Unless a disguised support structure is in the form of a standard outdoor advertising structure, the placement of advertising or signs on wireless support structures is prohibited.
[Ord. No. 2015-02s §1, 2-24-2015]
All wireless facilities and support structures shall be fenced or otherwise secured in a manner that prevents unauthorized access. Specifically all antennas, towers and other supporting structures, including guy anchor points and wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed upon or collided with.
[Ord. No. 2015-02s §1, 2-24-2015]
The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the application, including the construction and modification of the wireless facilities or support structures.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
Prior to the approval of any application for a special use permit for wireless facilities and/or support structures, a public hearing shall be held by the City, notice of which shall be published in the official newspaper of the City no less than fifteen (15) calendar days prior to the scheduled date of the public hearing. In order that the City may notify nearby landowners, the application shall contain the names and address of all landowners whose property is located within two hundred fifty (250) feet of any property line of the lot or parcel on which the new wireless facilities and/or support structures are proposed to be located.
B. 
The City shall schedule the public hearing referred to in Subsection (A) of this Section once it finds the application is complete. The City, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
All applications regarding wireless facilities and support structures shall be processed in accordance with the time limits established by Sections 67.5090 to 67.5103, RSMo.
B. 
With respect to special use permits, the City may approve, approve with conditions, or deny said applications upon formal consideration after the public hearing. Its decision shall be in writing and shall be supported by substantial evidence contained in the record. The burden of proof for the grant of the permit shall always be upon the applicant.
C. 
If the City approves the special use permit for wireless facilities and/or support structures, the applicant shall be notified, in writing, of such approval, and the special use permit shall be issued within ten (10) calendar days after such approval. Except for necessary building permits and subsequent certificates of compliance, once a special use permit has been granted hereunder, no additional permits or approvals from the City, such as site plan or zoning approvals, shall be required by the City for the wireless facilities or support structures covered by the special use permit.
D. 
If the City denies the special use permit for wireless facilities or support structures, the applicant shall be notified of such denial, in writing, within ten (10) calendar days of the City's action.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
The extent and parameters of a special use permit for wireless facilities and/or support structures shall be as follows:
1. 
Such special use permit shall not be assigned, transferred or conveyed without the express prior written notification to the City.
2. 
Such special use permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled or terminated for a violation of the conditions and provisions of the special use permit or for a material violation of this Chapter after prior written notice to the holder of the special use permit.
[Ord. No. 2015-02s §1, 2-24-2015]
All fees for applications regarding wireless facilities and/or support structures shall not exceed the limits established by Sections 67.5090 to 67.5103, RSMo.
[Ord. No. 2015-02s §1, 2-24-2015]
In order to verify that the wireless facilities and/or support structures have been placed and constructed in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the City may inspect all facets of the placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
In the event of a violation of this Chapter, any special use permit issued pursuant to this Chapter, or any other applicable code or requirement of the City, the City may impose and collect fines or penalties as set forth below.
B. 
Failure to comply with provisions of this Chapter shall constitute a violation hereof and shall subject the person to the code enforcement provisions and procedures as provided in Subsections (A) to (D) of Section 100.030 of the Lake Ozark Municipal Code.
C. 
The payment of fines and other penalties to the City for any violation of this Chapter, or any other applicable code or requirement of the City, shall not preclude the City from pursuing any other available remedies against a violator of this Chapter, or any other applicable code or requirement of the City, including without limitation any claims for injunctive relief.
[Ord. No. 2015-02s §1, 2-24-2015]
If a wireless facility and/or support structure is repaired, constructed, placed, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this Chapter or any other applicable code requirement, the violator, upon written notification from the City, may be subject to fines as set forth in Section 425.160 and if a violation is not corrected to the satisfaction of the City in a reasonable period of time, the special use permit is subject to revocation.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
Under the following circumstances, the City may determine that the health, safety and welfare interests of the City warrant and require the removal of wireless facilities and/or support structures:
1. 
Any wireless facility and/or support structure that has been abandoned (e.g., no longer used for its original communications purpose) shall be removed at the owner's expense. The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the facility and/or support structure. In case of co-use, this provision shall not become effective until all users cease operations. Any wireless support structure not in use for a period of one (1) year shall be deemed a public nuisance and may be removed by the City at the owner's expense.
2. 
Any wireless facilities and/or support structures that fall into such a state of disrepair that it creates a health or safety hazard.
3. 
Any wireless facilities and/or support structures that have been located, constructed or modified without first obtaining the required permit(s) or other necessary authorization.
B. 
If the City makes such a determination as noted in Subsection (A) of this Section, then the City shall notify the owner within forty-eight (48) hours that said wireless facilities and/or support structures are to be removed.
C. 
The owner shall dismantle and remove such wireless facilities and/or support structures from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the City. However, if the owner of the property upon which the wireless facilities and/or support structures are located wishes to retain any access roadway on the property for said facilities, the owner may do so with the approval of the City.
D. 
If wireless facilities and/or support structures are not removed or substantial progress has not been made to remove said facilities and/or support structures within ninety (90) days after the owner has received notice, then the City may order officials or representatives of the City to remove the wireless facilities and/or support structures at the sole expense of the owner.
E. 
If, the City removes, or causes to be removed, wireless facilities and/or support structures, and the owner thereof does not claim and remove it from the site to a lawful location within ten (10) days, then the City may take steps to declare the wireless facilities and/or support structures abandoned and sell them.
F. 
Removal of wireless facilities and/or support structures shall not be a condition of approval of any application.
[Ord. No. 2015-02s §1, 2-24-2015]
A. 
The City may at any time conduct a review and examination of this entire Chapter.
B. 
If after such a periodic review and examination of this Chapter, the City determines that one (1) or more provisions of this Chapter should be amended, repealed, revised, clarified or deleted, then the City may take whatever measures are necessary in accordance with applicable law in order to accomplish the same. It is noted that where warranted and in the best interests of the City, the City may repeal this entire Chapter at any time.
C. 
Notwithstanding the provisions of Subsections (A) and (B) of this Section, the City may at any time and in any manner (to the extent permitted by Federal, State or local law) amend, add, repeal, and/or delete one (1) or more provisions of this Chapter.