[R.O. 1994 § 425.010; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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 Chapter is to:
1.Â
Minimize the impact of wireless facilities and support structures
through careful design, siting, landscape screening and innovative
camouflaging techniques;
2.Â
Provide for the appropriate location and deployment of wireless
communications infrastructure to better serve the citizens and businesses
of the City; and
[R.O. 1994 § 425.020; 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."
[R.O. 1994 § 425.030; 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.
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.
Any communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
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.
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 co-location or replacement of a wireless facility on an existing
structure.
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.
A permit issued by the City prior to commencement of work
on the co-location 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.
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.
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.
An electrical transmission structure used to support high
voltage overhead power lines. The term shall not include any utility
pole.
An area surrounding or near a wireless support structure
within which is located wireless facilities.
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.
The Federal Aviation Administration or its duly designated
and authorized successor agency.
The Federal Communications Commission or its duly designated
and authorized successor agency.
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.
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.
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 co-location and includes the
associated removal of the preexisting wireless facilities or wireless
support structure.
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.
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.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
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
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
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
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
Any person, corporation, County, Municipality acting in its
capacity as a utility, Municipal Utility Commission, 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.
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.
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.
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
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.
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. The definition does not include
utility poles.
[R.O. 1994 § 425.040; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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.Â
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.Â
Any repair or maintenance of a wireless facility does not require
the application for a special use permit.
[R.O. 1994 § 425.050; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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.Â
A substantial modification of an existing wireless facility
or support structure.
2.Â
The construction of a new wireless communications facility or
support structure.
3.Â
The co-location or replacement of wireless facilities on an
existing structure.
4.Â
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.Â
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.Â
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.Â
The installation or mounting of antennae on any electrical transmission
towers located in any commercial zoning district of the City.
8.Â
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.Â
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.Â
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.Â
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.
[R.O. 1994 § 425.060; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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.Â
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, RSMo., thirty (30) days for new wireless support structures;
Section 67.5098.4, RSMo., thirty (30) days for substantial modification
of wireless support structures; and Section 67.5100.2, RSMo., fifteen
(15) days for co-location or replacement of wireless support structures.
If the applicant fails to cure the deficiencies within the applicable
time period, the application will be deemed rejected by the City.
C.Â
No co-location 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.Â
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.Â
All representations/statements made by the applicant to the City
in the application may be relied upon in good faith by the City.
F.Â
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.Â
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.Â
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.Â
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.Â
The postal address and tax map parcel number of the property;
3.Â
The zoning district or designation in which the property is
situated;
4.Â
Size of the property stated both in square feet and lot line
dimensions, and a survey showing the location of all lot lines;
5.Â
The location of nearest residential structure;
6.Â
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
7.Â
The type, locations and dimensions of all proposed and existing
landscaping and fencing;
8.Â
The size and centerline height location of all proposed and
existing antennae on the supporting structure;
9.Â
The number, type and model of the antenna(s) proposed with a
copy of the specification sheet;
10.Â
The make, model, type and manufacturer of the tower and design
plan stating the tower's capacity;
11.Â
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.Â
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.Â
A copy of the FCC license(s) applicable for the intended use
of the wireless facilities; and
14.Â
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.Â
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.Â
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.Â
If the proposal is for a co-location 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.Â
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.Â
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.Â
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.
[R.O. 1994 § 425.070; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
The general criteria and preference for approving wireless facilities
and support structures under this Chapter shall include the following:
1.Â
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.Â
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.Â
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.Â
Design.
a.Â
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.Â
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.Â
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.Â
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.Â
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 (2Â 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.Â
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.Â
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.Â
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.Â
Miscellaneous.
a.Â
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.Â
Vehicle and outdoor storage on the site of any wireless facility
or support structure is prohibited.
c.Â
Prior to the issuance of a building permit or special use permit,
other than for a co-location 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.Â
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.
[R.O. 1994 § 425.080; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
Permitted Uses. Satellite earth stations less than six (6) feet in
diameter and receive-only home television antennae are allowed as
accessory 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.Â
Co-location and replacement applications, provided, however,
that no building permit may be issued for co-location 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.Â
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.Â
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.Â
The installation or mounting of antennae on any electrical transmission
towers located in any commercial zoning district of the City.
5.Â
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.Â
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.Â
Prohibited Uses.
[Ord. No. 2016-42, 10-25-2016]
1.Â
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.Â
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. Except, however,
wireless facilities or support structures located in C-2, General
Commercial Zoned Districts, shall be permitted to be in excess of
one hundred eighty (180) feet in height where an additional one (1)
foot of side, rear and front yard setback is provided for each additional
two (2) feet in height above fifty (50) feet.
3.Â
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.Â
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.
[R.O. 1994 § 425.090; 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.
[R.O. 1994 § 425.100; 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.
[R.O. 1994 § 425.110; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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.
[R.O. 1994 § 425.120; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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.Â
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.Â
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.Â
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.
[R.O. 1994 § 425.130; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
The extent and parameters of a special use permit for wireless facilities
and/or support structures shall be as follows:
1.Â
Such special use permit shall not be assigned, transferred or
conveyed without the express prior written notification to the City.
2.Â
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.
[R.O. 1994 § 425.140; 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.
[R.O. 1994 § 425.150; 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.
[R.O. 1994 § 425.160; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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.Â
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 Section 100.220 of the Lake Ozark Municipal Code.
C.Â
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.
[R.O. 1994 § 425.170; 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.
[R.O. 1994 § 425.180; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
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.Â
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.Â
Any wireless facilities and/or support structures that fall
into such a state of disrepair that it creates a health or safety
hazard.
3.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Removal of wireless facilities and/or support structures shall not
be a condition of approval of any application.
[R.O. 1994 § 425.190; Ord. No.
2015-02s § 1, 2-24-2015]
A.Â
The City may at any time conduct a review and examination of this
entire Chapter.
B.Â
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.
